3609-D - Moneys apportioned for board of cooperative educational services aidable expenditures when and how payable commencing July first, two thousand four.

§  3609-d.  Moneys  apportioned  for  board of cooperative educational  services aidable expenditures  when  and  how  payable  commencing  July  first,  two  thousand  four.  Notwithstanding  the provisions of section  thirty-six  hundred  nine-a  of  this  article,  apportionments  payable  pursuant to section nineteen hundred fifty of this chapter shall be paid  pursuant  to this section. For aid payable in the two thousand four--two  thousand five school year and  thereafter,  "moneys  apportioned"  shall  mean  the lesser of (i) one hundred percent of the respective amount set  forth for each school district as payable pursuant to  this  section  in  the  school aid computer listing produced by the commissioner in support  of the budget including the  appropriation  for  support  of  boards  of  cooperative  educational  services for payments due prior to April first  for the current year,  or  (ii)  the  apportionment  calculated  by  the  commissioner based on data on file at the time the payment is processed;  provided however, that for the purposes of any payment to be made in the  month of June of two thousand six such calculation shall be based on the  school  aid  computer listing for the current year using updated data at  the time of each payment. For districts subject to chapter five  hundred  sixty-three  of  the laws of nineteen hundred eighty, thirty-six hundred  two-b, or two thousand forty of this chapter, for aid payable in the two  thousand four--two thousand five school  year  and  thereafter,  "moneys  apportioned" shall mean the apportionment calculated by the commissioner  based  on data on file at the time the payment is processed. The "school  aid computer listing for the current year" shall be as  defined  in  the  opening  paragraph of section thirty-six hundred nine-a of this article.  The  definitions  "base  year"  and  "current  year"  as  set  forth  in  subdivision  one of section thirty-six hundred two of this article shall  apply to this section.    1. Prescribed payments.  Of  the  moneys  to  be  apportioned  by  the  commissioner  to  school  districts during the school year, that portion  payable pursuant to section nineteen hundred fifty of this chapter shall  be used in the first instance to make payments on behalf  of  boards  of  cooperative  educational  services to the teachers' retirement system in  the same manner as payments made on behalf of school districts  pursuant  to  subparagraph  one  of  paragraph  a  of  subdivision  one of section  thirty-six hundred nine-a of this article, and additional payments shall  be paid to boards of cooperative educational services  as  follows:  the  greater of any payments made to the teachers' retirement system pursuant  to  this paragraph or twenty-five percent of the moneys apportioned less  any payments made to the teachers' retirement system  pursuant  to  this  paragraph  on  the  first  state business day of February, to the extent  that acceptable data has been filed with  the  commissioner;  fifty-five  percent of the moneys apportioned, less the payment made in February and  less  any  payments  made to the teachers' retirement system pursuant to  this paragraph, on the first state business day of  June;  and  a  final  apportionment equal to the amount calculated based on data on file as of  August  first  next  following  the  close of the current year, provided  however,  that  for  the  September  two  thousand  six   payment   such  calculation  shall be based on the computer listing for the current year  using data on file as of August first, less payments made  to  date,  on  the  first  state  business day of September next following the close of  the current year; provided, however, that any obligation of a  board  of  cooperative  educational  services  to the bond trustee of the dormitory  authority shall be paid in accordance with the applicable provisions  of  the public authorities law.    2.  Such  moneys  shall  be  payable to the treasurer of each board of  cooperative educational services, if there be a treasurer, otherwise  to  the  collector  or other disbursing officer of such board of cooperativeeducational services, who shall apply for and receive the same  as  soon  as payable.    3.  Notwithstanding  any  inconsistent provisions of this chapter, for  aid payable in the nineteen hundred ninety-six--ninety-seven school year  the apportionment calculated pursuant to section nineteen hundred  fifty  of this chapter shall be reduced by two percent.