NY State Fin L § 209 (2021)
2021 New York Laws STF - State Finance Article 14 - Salaries and Employee Benefits 209 - Employee Benefit Fund; Professional Services.

§  209. Employee benefit fund; professional 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 contained within  the   collective  negotiating  unit  designated  as  the professional services   negotiating unit  in  the  state  university  of  New  York  established   pursuant  to  article  fourteen of the civil service law who is eligible   for full or partial per capita contributions to an employee benefit fund   pursuant to the terms of an agreement between the state and an  employee   organization representing employees in such negotiating unit.2.  Where,  on  the  effective date of this section, 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  in  the  collective  negotiating  unit   designated  as  the  professional services negotiating unit in the state   university of New York established pursuant to article fourteen  of  the   civil  service  law,  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 provisions   of such agreement providing for such employee benefit fund, such  amount   to  be  determined  consistent  with  the  procedure established in said   agreement but, 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 and  the  state   university  of  New  York  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 fund or funds of the  state,  other  than  the   general  fund  or  the  capital projects fund of the state, 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  of  employee  relations,  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 of employee relations.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 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.