NY State Fin L § 207 (2021)
2021 New York Laws STF - State Finance Article 14 - Salaries and Employee Benefits 207 - Employee Benefit Fund; Professional, Scientific and Technical Services.

§  207.  Employee benefit fund; professional, scientific and technical   services. 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 in the collective   negotiating  unit  designated  as  the  professional,   scientific   and   technical  services unit established pursuant to 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.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 providing for   such employee benefit fund, such amount to be determined consistent with   the procedure established in said agreement and  on  the  basis  of  the   number  of  employees  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 unless there is an agreement entered into pursuant  to  such   article  fourteen  between  the state and such employee organization for   the determination during a different payroll period  of  the  number  of   employees  in positions which are on an appointment cycle which does not   place them on payroll at the time that such number  of  employees  would   otherwise  be  determined. 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 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 it 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 pursuant   to the terms and conditions  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.