N.Y. STF Law § 202 — New York Code / Act STF / Article 14 / Section 202
Reimbursement for travel and moving expenses upon transfer, reassignment or promotion
Status: in_force

§ 202. Reimbursement for travel and moving expenses upon transfer,\nreassignment or promotion. 1. Subject to the regulations hereinafter\nmentioned, when a geographical change in the location of the principal\nplace of employment of a state officer or employee occurs as a result of\nhis transfer or reassignment made at the order or request of a\ndepartment or agency for the convenience of the state, and such change\nreasonably requires a change in the place of his abode, such officer or\nemployee shall be eligible for reimbursement for travel and moving\nexpenses incurred in transporting himself, his family and his household\neffects to his new place of abode. Such reimbursement shall not be\npayable in the case of transfer or reassignment for disciplinary\nreasons, or in the case of temporary transfers or reassignments,\nincluding assignments made for training purposes.\n  2. Subject to the regulations hereinafter mentioned, when a\ngeographical change in the location of the principal place of employment\nof a state officer or employee occurs as a result of his promotion on a\npermanent basis to a technical, scientific, educational, professional or\nadministrative position, and such change reasonably requires a change in\nthe place of his abode, he shall be eligible for reimbursement for\ntravel and moving expenses incurred in transporting himself, his family\nand household effects to his new place of abode.\n  3. No payment shall be made to an officer or employee otherwise\neligible to receive travel and moving expenses pursuant to this section\nunless he shall agree in writing to return to the state monies received\nfor such expenses in the event that he resigns or voluntarily separates\nfrom the position to which he is transferred, reassigned or promoted\nwithin one year after such transfer, reassignment or promotion. The\nreturn of such funds to the state shall not be required when the\nresignation or voluntary separation is the result of a promotion to a\nhigher grade state position in the same occupational field occurring\nmore than six months following the transfer, reassignment or promotion,\nor by a promotion at any time in the same geographical area if he would\nhave been eligible for reimbursement of travel and moving expenses upon\nsuch promotion to such position from the position held by him\nimmediately prior to the transfer, reassignment or promotion for which\nreimbursement was paid. Monies owing to the state pursuant to this\nsubdivision may be deducted from any monies due or accruing to the\nemployee on resignation or separation or, if necessary, may be recovered\nby appropriate legal proceedings.\n  4. Reimbursement of travel and moving expenses pursuant to this\nsection shall be payable from monies appropriated and available to\ndepartments and agencies. Reimbursement of travel and moving expenses of\nemployees whose salaries are paid from a fund other than the general\nfund shall be a proper charge against such other fund.  Such\nreimbursement shall not be deemed to constitute salary for any of the\npurposes of the civil service law.\n  5. The director of the budget shall, with the approval of the director\nof employee relations, prescribe and amend such regulations as may be\nnecessary to carry out the provisions of this section.  Such regulations\nmay include, but need not be limited to, provisions (a) prescribing\nstandards, criteria, and procedures for determining eligibility for\nreimbursement of travel and moving expenses in accordance with the\nprovisions of this section, and, if deemed advisable by the budget\ndirector, enumerating positions or classes or groups of positions for\nwhich he has determined that, upon transfer, reassignment or promotion,\ntravel and moving expenses shall or shall not be payable under this\nsection;\n  (b) fixing maximum dollar limitations on reimbursement for travel and\nmoving expenses pursuant to this section;\n  (c) excluding or limiting reimbursement for expenses for moving less\nthan a prescribed minimum distance, for moving household goods and\npossessions in excess of a prescribed maximum weight, or for storage or\nliving expenses.\n