NY State Fin L § 206-A (2021)
2021 New York Laws STF - State Finance Article 14 - Salaries and Employee Benefits 206-A - Employee Benefit Fund; Negotiating Unit Created by Chapter Four Hundred Three of the Laws of Nineteen Hundred Eighty-Three.

§  206-a.  Employee  benefit fund; negotiating unit created by chapter   four hundred three of the laws  of  nineteen  hundred  eighty-three.  1.   Definitions. As used in this section, unless otherwise expressly stated:a. "Director" shall mean the director of employee relations.b. "Employee" shall mean any person in the service of the state of New   York  who is appointed to and serving in a position contained within the   collective negotiating unit created by chapter four hundred three of the   laws of nineteen hundred eighty-three established by article fourteen of   the civil service law who is otherwise  eligible  for  health  insurance   coverage pursuant to law and the rules and regulations of the department   of civil service, except that it shall not mean seasonal employees whose   employment  is  expected  to  last  less  than  six months, employees in   temporary positions of less  than  six  months  duration,  or  employees   holding appointments otherwise expected to last less than six months.c. "Retiree" shall mean any person who was an employee of the state of   New  York  on  or after April first, nineteen hundred eighty-four in the   negotiating unit created by chapter four hundred three of  the  laws  of   nineteen  hundred  eighty-three  and who immediately upon termination of   employment with the state is eligible to receive  a  service  retirement   benefit  from  either the New York state employees' retirement system or   the New York city employees' retirement system.2. Where, and to the extent that, an agreement between the  state  and   an  employee  organization  entered into pursuant to article fourteen of   the civil service law so provides on behalf of employees and upon  audit   and  warrant  of  the  comptroller,  the  director shall provide for the   payment of monies  quarterly  to  such  employee  organization  for  the   establishment and maintenance of an employee benefit fund established by   the  employee  organization  for  the  employees in the negotiating unit   covered by the controlling provision of such agreement, such  amount  to   be   determined  consistent  with  the  procedure  established  in  said   agreement, on the basis of the number of employees as defined herein  on   the  payroll  during  the  payroll  period the last day of which ends no   later than twenty-one calendar days before the beginning of the  quarter   next  following  such  day as determined by the comptroller. The amount,   which will be determined pursuant to this section, for employees who are   paid from special  or  administrative  funds,  will  be  paid  from  the   appropriations  as  provided  by law, in which case the comptroller will   establish procedures to  ensure  repayment  from  general  state  charge   appropriations  or  from  said  special  or  administrative  funds.  The   director may enter into an agreement with an employee organization which   sets forth the specific terms and conditions for the  establishment  and   administration  of  an  employee  benefit  fund  as  a condition for the   transmittal of monies pursuant to this section.3. Such employee organization shall periodically as specified  by  the   director,  supply a description of the benefits purchased or provided by   the employee benefit fund, the utilization  experience  of  the  benefit   fund,  the  amount  disbursed  for or the cost of such benefits and such   other information as may be requested by the director.4. The employee organization shall report to the comptroller,  in  the   form  and  manner as he may direct, the amount expended for the purchase   of or providing for such  benefits  for  any  period  specified  by  the   comptroller.  The comptroller is hereby authorized to audit the books of   the employee organization with respect to any monies transmitted  to  it   pursuant to this section.5.  Neither  the  state  nor  any  officer  or  employee  of the state   (including "employee" as defined herein and any other  employee  of  the   state) shall be a party to any contract or agreement entered into by any   employee  organization  providing  for benefits purchased in whole or in    part with monies transmitted to such employee organization  pursuant  to   this  section.  No  benefit  provided  pursuant  to  such  contracts  or   agreements shall be payable by the state and all such benefits shall  be   paid  by the responsible parties to such agreements or contracts of such   agreements or contracts. The employee organization shall be a  fiduciary   with  respect  to  an employee benefit fund established pursuant to this   section.6. Nothing herein shall be deemed to diminish, impair  or  reduce  any   benefit  otherwise  payable to any employee established or authorized by   law, rule or regulation by reason of such employee's lack of eligibility   to participate  in  any  benefit  program  established  by  an  employee   organization pursuant to this section.7.  In  the  event  it is determined that the monies transmitted to an   employee organization pursuant to  this  section  is  income  for  which   payroll  deductions  are  required  for income tax withholdings from the   salary or wages of employees pursuant  to  law,  the  comptroller  shall   determine the amount of such withholdings required and deduct the amount   so  required  to  be  withheld from the salary or wages of the employees   concerned.8. The employee organization shall indemnify the state for any  claims   whatsoever  paid by it arising from the establishment, administration or   discontinuation of  any  employee  benefit  provided  pursuant  to  this   section, together with reasonable costs of litigation arising therefrom.9. Insofar as the provisions of this section are inconsistent with the   provisions  of any other act, general or special, the provisions of this   section shall be controlling.