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§ 13-125 Contributions of members and their use; annuity savings fund.
   a.   1.   (a)   Subject to the provisions of subparagraph (b) of this paragraph, the annuity savings fund shall be the fund in which shall be accumulated deductions from the compensation of members to provide for their annuities and their withdrawal allowances.
         (b)   Nothing contained in subparagraph (a) of this paragraph shall be construed to require the making or accumulation of deductions from compensation with respect to any period in relation to which it is provided or directed, by or pursuant to subdivision l of section 13-161 of this chapter, that deductions from compensation need not be made.
         (c)   Except as otherwise provided in paragraphs two and two-a of this subdivision a or in any other applicable portion of this chapter prescribing a different normal rate of contribution, upon the basis of the tables herein authorized, and regular interest, the actuary of such board shall determine for each member the proportion of compensation which, when deducted from each payment of his or her prospective earnable compensation prior to his or her eligibility for service retirement and accumulated at regular interest until his or her attainment of the minimum age of service retirement from his or her group, shall be computed to provide, at that time, an annuity equal to the pension then allowable for service as a member after the first day of October, nineteen hundred twenty.
      2.   (a)   Upon the basis of the tables herein authorized, and regular interest, the actuary of such board shall determine for each member who is appointed a member of the uniformed force of the department of sanitation (as defined in subdivision a of section 13-154 of this chapter) on or after July third, nineteen hundred sixty-five, the proportion of compensation which, when deducted from each payment of his or her prospective earnable compensation prior to his or her eligibility for service retirement and accumulated at regular interest until the attainment of the minimum period of service retirement applicable to him or her, shall be computed to provide, at that time, an annuity equal to twenty-five seventy-fifths of the pension then allowable to him or her for service as a member of such force.
         (b)   (1)   Except as otherwise provided in item two of this subparagraph, the rate of contribution required to be paid on and after July third, nineteen hundred sixty-five by any member who is a member of such force and was a member of such force prior to such date shall be fifty per cent of the rate of contribution required to be paid by such member on July second, nineteen hundred sixty-five, exclusive of any increase in rate of contribution pursuant to subdivision d, e, f or g of this section or pursuant to section 13-108 of this chapter, and exclusive of any reduction of contribution pursuant to section 13-152 of this chapter or pursuant to subdivision one of section one hundred thirty-eight-b of the retirement and social security law.
            (2)   Notwithstanding the provisions of item one of this subparagraph, no member mentioned in such item one shall be required to pay, on and after July third, nineteen hundred sixty-five, a rate of contribution fixed pursuant to such item one which, together with any increase in such rate of contribution pursuant to subdivision d, e, f or g of this section, is in excess of seven and one-half per cent of his or her compensation, unless such member so elects. Where any such member is required to pay additional contributions pursuant to section 13-108 of this chapter, nothing contained in this item shall affect the obligation of any such member to pay such additional contributions pursuant to such section, notwithstanding that such member's rate of contribution may thereby exceed seven and one-half per cent of his or her compensation.
         (c)   During any period wherein the provisions of section 13-159 of this chapter are applicable to a sanitation worker in the department of sanitation who has elected the benefits of such section, the provisions of subparagraphs (a) and (b) of this paragraph shall be inapplicable to such sanitation worker. The normal rate of contribution of any such sanitation worker who has made such election shall be as prescribed by the applicable terms of section 13-159 of this chapter, during any period wherein the provisions of such section are applicable to such member.
         (d)   During any period wherein the provisions of section 13-160 of this chapter are applicable to a member of the uniformed force of the department of sanitation who has elected the benefits of such section, the provisions of subparagraphs (a) and (b) of this paragraph shall be inapplicable to such member. The normal rate of contribution of any such member who has made such election shall be as prescribed by the applicable terms of section 13-160 of this chapter, during any period wherein the provisions of such section are applicable to such member.
         (e)   (i)   Subject to the provisions of subdivision c of section 13-165 of this chapter, the normal rate of contribution of each fifty-five-year-increased-service-fraction member who, immediately prior to becoming such a member, was a member of the retirement system, shall be that which would have been fixed for such member pursuant to paragraph one of this subdivision on the basis of the tables herein authorized with respect to group three mentioned in subdivision b of section 13-172 of this chapter, if such member, at the time his or her last membership in the retirement system began, were instead a fifty-five-year-one-percentum member.
            (ii)   The normal rate of contribution of each fifty-five-year-increased-service-fraction member who becomes such a member at the commencement of his or her last membership in the retirement system, shall be that which would be fixed for such member pursuant to paragraph one of this subdivision on the basis of the tables herein authorized with respect to group three mentioned in subdivision b of section 13-172 of this chapter, if such member, at such commencement of his or her membership, were instead a fifty-five-year-one-percentum member.
         (f)   Subject to the provisions of paragraph two of subdivision a of section 13-162 of this chapter, relating to the career pension plan, during any period wherein a member is a career pension plan member under the provisions of such section, the normal rate of contribution of such member shall be as prescribed by the applicable terms of such section.
      2-a.   The normal rate of contribution of a transit twenty-year plan member (as defined in subdivision sixty-one of section 13-101 of this chapter) shall be as prescribed by the applicable terms of section 13-161 of this chapter, during any period wherein the provisions of such section are applicable to such member, subject, however to the applicable provisions of subdivision l of such section relating to relief from member contributions.
      3.   The proportion of compensation fixed pursuant to this subdivision a shall be computed to remain constant.
      4.   (a)   The rate of contribution required to be paid on and after the first day of the first payroll period following January first, nineteen hundred sixty-eight, by any member who became a member after June thirtieth, nineteen hundred forty-seven and prior to June thirtieth, nineteen hundred sixty-seven, shall be:
            (1)   such member's rate as of June twenty-ninth, nineteen hundred sixty-seven computed pursuant to paragraph one or two of subdivision a of this section, including any increase thereof pursuant to subdivision d, e, f, or g of this section or pursuant to section 13-108 of this chapter, and including any decrease thereof pursuant to section 13-152 of this chapter or pursuant to subdivision one of section one hundred thirty-eight-b of the retirement and social security law, hereinafter referred to as his or her "computed prior rate", less the difference between the rate which was computed for such member on the date he or she last became a member, pursuant to paragraph one or subparagraph (a) of paragraph two of this subdivision, exclusive of any increase thereof pursuant to subdivision d, e, f, or g of this section or section 13-108 of this chapter, and exclusive of any decrease thereof pursuant to subparagraph (b) of paragraph two of this subdivision or section 13-152 of this chapter, or pursuant to subdivision one of section one hundred thirty-eight-b of the retirement and social security law and the rate which would have been computed for such member on the date he or she last became a member, pursuant to paragraph one or subparagraph (a) of paragraph two of this subdivision had he or she been entitled on that date to regular interest at four per cent; or
            (2)   if such member made an election pursuant to section 13-164 or paragraph six of subdivision a of section 13-172 of this chapter subsequent to the certification of his or her rate of contribution, his or her "computed prior rate", less the difference between the rate which would have been computed for such member on the date he or she last became a member pursuant to paragraph one of subdivision a of this section if the later election he or she made had been made on that date, and the rate which would have been computed for such member on the date he or she last became a member pursuant to paragraph one of subdivision a of this section if the later election he or she made had been made on that date, and if, on that date, he or she had been entitled to regular interest at four per cent; provided that the adjusted rate of contribution computed pursuant to this paragraph shall be subject to change as authorized by item two of subparagraph (b) of paragraph two of this subdivision, subdivision d, e, f, or g of this section, section 13-108 or 13-152 of this chapter, or subdivision one of section one hundred thirty-eight-b of the retirement and social security law.
         (b)   For any member to whom subparagraph (a) of this paragraph applies, and beginning with the first day of the first payroll period commencing after June thirtieth, nineteen hundred sixty-seven and ending with the last day of the last payroll period before the first day of the first payroll period following January first, nineteen hundred sixty-eight, the amount of contributions paid by such member which represents the difference between the "computed prior rate" of such member and his or her adjusted rate of contributions computed pursuant to subparagraph (a) of this paragraph shall be refunded upon the member's election, or, otherwise, shall be deemed additional contributions made for the purpose of purchasing additional annuity, but such additional contributions shall not enter into the computation for allowance on ordinary disability retirement as described in section 13-174 of this chapter.
   b.   The proportion so computed for a member one year younger than the minimum retirement age for service retirement from his or her group shall be applied to any member who has attained a greater age before entrance into the retirement system.
   c.   1.   Such board shall certify to the head of each agency who shall deduct from the compensation of each member on each and every payroll of such member for each and every payroll period, the proportion of his or her earnable compensation so computed.
      2.   Such board shall not certify nor shall the head of any agency make any deduction for annuity purposes from the compensation of a member who elects not to contribute if his or her age and total-service are such as would entitle a new-entrant in his or her group to retire for service on a pension not less than one-fourth of his or her final compensation; provided, however, that such board shall not certify nor shall the head of the agency make any deductions for annuity purposes from the compensation of any member:
         (a)   who is a member of the uniformed force of the department of sanitation (as defined in subdivision a of section 13-154 of this chapter and who elects not to contribute, if he or she has completed twenty-five years of service as a member of such force, with a service fraction of one one-hundredth during such period of service; or
         (b)   who is a sanitation worker in such force and elects not to contribute, if he or she elected the benefits of section 13-159 of this chapter and has completed twenty years of allowable service as a sanitation worker in such department and the provisions of such section are applicable to him or her at the time of such election to cease contributing, except, however, that such right to cease contributing under this subparagraph shall continue only so long as the provisions of section 13-159 of this chapter continue to be applicable to such member.
         (c)   who is a member in such force and elects not to contribute, if he or she elected the benefits of section 13-160 of this chapter and has completed twenty years of allowable service as a member of such force and the provisions of such section are applicable to him or her at the time of such election to cease contributing, except, however, that such right to cease contributing under this subparagraph shall continue only so long as the provisions of section 13-160 of this chapter continue to be applicable to such member.
      3.   In determining the amount earnable by a member in a payroll period, such board may consider the rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period and it may omit deductions from compensation for any period less than a full payroll period if an employee was not a member on the first day of the payroll period. To facilitate the making of deductions, it may modify the deduction required of any member by such an amount as shall not exceed one-tenth of one per cent of the compensation upon the basis of which such deduction is to be made.
      4.   The deductions provided herein shall be made notwithstanding that the minimum compensation provided by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for herein and shall receipt in full for his or her salary or compensation, and payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except such member's claim to the benefits to which he or she may be entitled under the provisions of this chapter. Such head of each agency shall certify to the comptroller on each and every payroll the amounts to be deducted. Each of such amounts shall be deducted and when deducted shall be paid into the annuity savings fund, and shall be credited, together with regular interest, to an individual account of the member from whose compensation such deduction was made.
      5.   The method of computation and deductions prescribed by this subdivision and by subdivisions a and b of this section shall be appropriately modified in the case of a member for whom a rate is otherwise fixed pursuant to section 13-152 of this chapter.
   c-1.   (1)   Such board shall not certify nor shall the head of any agency make any deduction for annuity purposes from the compensation of a member who is a transit twenty-year plan member (as defined in subdivision sixty-one of section 13-101 of this chapter) and elects not to contribute, if such member is eligible to retire under section 13-161 of this chapter, except, however, that such right to cease contributing under this subdivision shall continue only so long as the provisions of section 13-161 of this chapter continue to be applicable to such member.
      (2)   Nothing contained in paragraph one of this subdivision shall be construed to affect or impair any right conferred by or pursuant to subdivision l of section 13-161 of this chapter upon any transit twenty-year plan member to be relieved of making member contributions.
   c-2.   Such board shall not certify nor shall the head of the agency make any deductions for annuity purposes from the compensation of any member:
      (1)   who is a fifty-five-year-increased-service-fraction member and elects not to contribute, if such member, were he or she a fifty-five-year-one-per-centum member of the same age and having a like amount of total-service, would be entitled to elect not to contribute; or
      (2)   who is a career pension plan member and elects not to contribute, if he or she is eligible to retire under section 13-162 of this chapter, relating to the career pension plan, by reason of having completed twenty-five years of allowable service in one or more career pension plan positions, except, however, that such right to cease contributing under this paragraph two shall continue only so long as such member continues to be a career pension plan member.
   d.   (1)   Subject to the provisions of paragraph four of this subdivision d, in addition to the computed deductions, any member may elect to contribute at a rate fifty per centum in excess of that heretofore provided, for the purpose of purchasing additional annuity. In computing the amount of such additional rate, any modification of the normal rate pursuant to section 13-152 of this chapter shall be disregarded.
      (2)   Such additional contributions shall be credited to the annuity fund with regular interest. Such additional contributions shall not enter into the computation for allowance on ordinary disability retirement as described in section 13-174 of this chapter.
      (3)   A member may elect to discontinue his or her additional contributions at any time.
      (4)   The provisions of paragraph one of this subdivision shall be inapplicable to any transit twenty-year plan member (as defined in subdivision sixty-one of section 13-101 of this chapter) during any period wherein, under any right conferred by or pursuant to subdivision l of section 13-161 of this chapter, such member is not required to make contributions. In the event that a member, while making additional contributions pursuant to paragraph one of this subdivision d, acquires such right under subdivision l of such section to be relieved of making contributions, such additional contributions shall cease as of the date next preceding the date on which such right becomes effective.
   e.   (1)   In addition to the deductions from compensation hereinbefore provided, any member may redeposit in the annuity savings fund by a single payment an amount equal to the total amount which he or she withdrew previously therefrom as provided in this chapter, or any member may deposit therein by a single payment, or in equal installments over a period to be designated by such member, but not exceeding five years, immediately prior to his or her retirement, an amount computed to be sufficient to purchase an additional annuity, which, together with such member's prospective retirement allowance, will provide for him or her a total retirement allowance of one-half of his or her final compensation at the minimum age of retirement for his or her group. Such additional amounts so deposited shall become a part of his or her accumulated deductions.
      (2)   The accumulated deductions of a member withdrawn as provided in this title shall be paid out of the annuity savings fund.
      (3)   Upon retirement of a member, his or her accumulated deductions, if any, shall be transferred from such fund to the annuity reserve fund.
   f.   In addition to any other deductions a member may elect to contribute to the annuity savings fund an amount not exceeding the cost of providing two service fractions of final compensation at minimum retirement age for each year of service as a civil employee of the United States government rendered on or after the first day of October, nineteen hundred twenty.
   g.   In addition to any other deductions a member may elect to contribute to the annuity savings fund a lump sum equivalent to the additional amount which would be in such fund if deductions had been made on the basis of such member's total earnable compensation, including cost-of-living bonus, for the period during which he or she received such bonus, in so far as such period is within the period of final compensation. The pension part of the retirement allowance of a member making such payment shall be computed on a like basis.
   h.   Where a member's rate of contribution is reduced because the contributing agency contributes towards pensions-providing-for-increased-take-home-pay pursuant to section 13-152 of this chapter, such member may by written notice duly acknowledged and filed with the retirement system within one year after such reduction or within one year after he or she last became a member, whichever is later, elect to waive such reduction. One year or more after the filing thereof, a member may withdraw any such waiver by written notice duly acknowledged and filed with the retirement system. Where a member makes an election to waive such reduction, he or she shall contribute to the retirement system as otherwise provided in this chapter.
   i.   Notwithstanding any other provision of this chapter to the contrary, any fifty-five-year-increased-service-fraction member may elect at any time, by a written application duly executed and filed with the board, to contribute to the retirement system at a rate one per centum less than such member's normal rate of contribution. Such election by such a member and the making of contributions at such reduced rate shall not change his or her normal rate of contribution. At any time after the filing of such an application, such member may, by written application duly executed and filed with the board, elect to discontinue such reduction. Such member may thereafter at any time, by a like application so filed, elect such reduction or discontinue same.