Purpose
To notify agencies of the final reduction in employee contributions.
Affected Employees
Contributory employees enrolled in the Optional Retirement Program (ORP) – Retirement Plan 7Z (TIAA/CREF)
Effective Date(s)
Institution paychecks dated April 8, 2010 and Administrative paychecks dated April 14, 2010
Background
Chapter 617 of the Laws of 2007 amends NYS Education Law, Article 8-B, Section 392 2(c) and Article 125-A, Section 6252 2(c), eliminating the mandatory employee contribution for members who have ten (10) or more years of membership in the Optional Retirement Program (ORP). ORP members who have ten (10) or more years of membership will receive a reduction in employee contributions over a phased-in period, ultimately eliminating the employee contribution.
Payroll Bulletin No. 809 describes these changes that began in April 2008.
Effective April 1, 2009, affected employees’ contributions were further reduced as outlined in Chapter 617 of the Laws of 2007.
Effective April 1, 2010, any employee who is a member of the ORP, has an active retirement plan row with a Participation Election of “Elect,” has the Retirement Plan Type of 7Z (TIAA/CREF) and has ten (10) or more years of membership will automatically change to non-contributory status.
Note: Based on a legal review by OSC Counsel, employees who have ten (10) or more years of membership in the ORP are eligible for the reduction in contribution regardless of any break(s) in service.
As previously determined by OSC Counsel, a break in service impacts the “continuance in service” provision of Section 392(4) of the Education Law, and therefore cannot be included toward the completion of the 366 Day Suspense or 7 year periods.
OSC Actions
OSC will automatically implement the contribution rate changes as described below for eligible employees.
| Benefit Plan | Rate of Employee Contribution | Rate of Employer Contribution |
| T6SNYB | 0% | 12% up to $16,500 15% over $16,500 |
| T7SNYB | 0% | 11% for 7 years 13% after 7 years |
| T7CNYB | 0% | 11% for 7 years 13% after 7 years |
Query
Q89_TIAA_TEN_YEAR_REDUCTION
The query Q89_TIAA_TEN_YEAR_REDUCTION has been created to assist agencies with identifying Active (Active, Leave with Pay, Leave without Pay) employees eligible for the final reduction in employee contribution effective 4/1/10.
Questions
Questions regarding this bulletin may be directed to the Payroll Deductions mailbox.