NY State Fin L § 201 (2021)
2021 New York Laws STF - State Finance Article 14 - Salaries and Employee Benefits 201 - Deductions From Salaries.

§  201.  Deductions  from salaries. 1. The comptroller of the state is   hereby authorized to deduct from the salary of any employee of the state   such amount as such employee may  specify  in  writing  filed  with  the   comptroller  within  the  minimum  and maximum amounts prescribed by the   comptroller for the purchase for such employee of  United  States  bonds   and  for  contribution  to  federated  community  campaigns  for health,   welfare and recreational purposes on behalf of such employee and to  the   account  of  such  employee  with such federated community campaign. The   comptroller is hereby authorized to  make  such  rules  and  regulations   governing  the  purchase  of  said  bonds and contributions to federated   community campaigns as he deems necessary, such rules and regulations to   be incorporated in  the  employee's  written  authorization  of  payroll   deduction  filed  in  a  manner  determined by the comptroller. Any such   written authorization may be withdrawn by such employee at any time upon   filing written notice of such withdrawal in a manner determined  by  the   comptroller.  As  used  in  this section, "federated community campaign"   means a charitable non-profit  organization  which  solicits  funds  for   distribution   among  a  substantial  number  of  charitable  non-profit   organizations, which has been approved as such by  the  commissioner  of   general  services. The commissioner of general services shall approve no   more than one federated community campaign within a county or  group  of   counties  in  which  such  campaign is operating. He shall not approve a   federated community campaign in any county or group of  counties  where,   in  his  opinion  and  judgment,  the  number  of  state employees to be   solicited  by  such  campaign  is  too  small  to  make  deductions   or   contributions   by   the   comptroller   practicable  or  feasible.  The   commissioner  of  general  services  shall  have  power  to  make   such   reasonable  rules  and regulations not inconsistent with the law, as may   be necessary for the exercise of his authority under this section.2. The comptroller is hereby authorized to deduct from the  salary  of   any  employee  of  the state such amount as such employee may specify in   writing filed in a manner determined by the comptroller for the  payment   of  membership  dues  in a duly organized association or organization of   civil service employees or faculty members of the state  university  and   to   transmit   the   sums  so  deducted  to  the  said  association  or   organization. Any such written authorization shall remain in  effect  in   accordance  with  subdivision  one  of  section two hundred eight of the   civil service law. The foregoing notwithstanding,  and  subject  to  the   provisions of article fourteen of the civil service law, such deductions   and transmittals shall be terminated as to one or more such associations   or  organizations  in  accordance  with  the  written  directions of the   director of employee relations, not more than thirty days after  receipt   by  the  comptroller of such directions. The deductions and transmittals   which were the subject  of  such  directions  shall  not  thereafter  be   resumed without the written approval of such director.3.  The  comptroller is hereby authorized to deduct from the salary of   any employee of the state in the  executive  branch  whose  position  is   designated  managerial  or  confidential pursuant to article fourteen of   the civil service law, employees covered  by  section  nineteen  of  the   correction  law,  employees  in  the  professional  service in the state   university which are designated, stipulated or excluded from negotiating   units as managerial or  confidential  as  defined  pursuant  to  article   fourteen of the civil service law, employees covered by paragraph (a) of   subdivision  one  of section two hundred fifteen of the executive law or   in  the  division  of  military  and  naval  affairs  of  the  executive   department or excluded from representation rights under article fourteen   of  the civil service law pursuant to rules or regulations of the public   employment relations board, judges and justices  of  the  unified  court    system  and  nonjudicial employees thereof not in collective negotiating   units, such amount as such employee may specify in writing  filed  in  a   manner  determined  by  the  comptroller  for  the  payment of insurance   premiums  for  a  group  insurance  plan,  or  a wholesale, franchise or   similar  mass-marketed  insurance  policy  or   program   and   transmit   deductions  so withheld to the insurance or other company, organization,   or agency  issuing  or  administering  said  policy.  Any  such  written   authorization  may  be withdrawn by the employee at any time upon filing   written notice  of  such  withdrawal  in  a  manner  determined  by  the   comptroller,  or  such  deduction  may  be  terminated  on notice to the   comptroller by the insurance or other company, organization or agency in   accordance with the terms of the policy.4. The comptroller is hereby authorized to deduct from the  salary  of   any  employee  of  the state such amount as such employee may specify in   writing to be filed with the payroll officer of  the  employee's  agency   within  the minimum and maximum amounts specified by the comptroller for   the repayment of defaulted higher education  guaranteed  student  loans,   national  defense  or  national  direct  student  loans  owed  to higher   education services corporation or to the state by the  employee  or  for   the  payment of fees, fines, penalties and other obligations owed to the   state by the employee, including recurring parking permit fees, and  for   payment  to credit unions in payment for shares, repayment of loans and,   subject to regulations of the comptroller,  other  purposes  within  the   powers  of  a  credit union except for payment for any form of insurance   policy other than life insurance ancillary to a loan and to transmit the   sums so deducted to such credit unions or to the state agency designated   by the employee. Any such written authorization may be withdrawn by such   employee at any time upon filing written notice of such withdrawal  with   the  payroll  officer of the employee's agency and with the state agency   designated to receive the amounts deducted. The  comptroller  is  hereby   authorized  to  make  such  rules and regulations as may be necessary to   provide for credit union and other deductions which may include but need   not be limited to requirements  insuring  that  computations  and  other   appropriate  clerical  work  shall  be  performed by the credit union or   state agency, limiting the frequency of changes in the amount of payroll   deductions, indemnifying the state and establishing  minimum  membership   standards  so  that  payroll deductions are practicable and feasible. As   used in  this  subdivision,  the  term  "credit  union"  shall  mean  an   organization  defined  by subdivision nine of section two of the banking   law or a credit union chartered by the  United  States  and  having  its   principal office in the state of New York.5.  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, the comptroller, after receipt of   written directions of the director of employee relations, is  authorized   to  deduct  from  the salary of any employee of the state such amount as   such employee may specify in writing filed in a manner determined by the   comptroller for the payment of insurance premiums for a group  insurance   plan,  or  a  wholesale,  franchise  or  similar mass-marketed insurance   policy or program issued to or sponsored  by  an  association  of  civil   service employees or an employee organization certified or recognized by   the  state pursuant to said article, and transmit deductions so withheld   to the insurance company issuing said policy  or  policies,  or  to  the   employee  organization,  in  accordance  with  the  provisions  of  such   agreement. Any such  written  authorization  may  be  withdrawn  by  the   employee  at any time upon filing written notice of such withdrawal in a   manner  determined  by  the  comptroller,  or  such  deduction  may   be    terminated  on  notice  to  the comptroller by the insurance carrier, in   accordance with the terms of the policy.6.  Notwithstanding  any  other law to the contrary, where, and to the   extent that, an agreement between the state and an employee organization   pursuant to  article  fourteen  of  the  civil  service  law  authorizes   participation  in  an  individual  retirement  account plan by employees   covered by such agreement, the comptroller,  after  receipt  of  written   directions  from the director of employee relations where such agreement   covers employees in the executive branch or from the chief administrator   of the courts where such agreement  covers  employees  in  the  judicial   branch,  is authorized to deduct from the salary of any employee covered   by such an agreement an amount that the employee may specify in  writing   filed in a manner determined by the comptroller for contribution to such   plan  in  accordance  with  the  Economic Recovery Tax Act of 1981 (P.L.   97-34) and transmit deductions so withheld to the financial organization   issuing such plan in accordance with the provisions of  such  agreement.   For  the  purposes  of  this  subdivision,  subject  to  the  rules  and   regulations  promulgated  by  the  comptroller,  the   term   "financial   organization"  shall  mean  an organization authorized to do business in   the state of New York and which is an authorized fiduciary to act  as  a   trustee under an individual retirement account plan established pursuant   to  the  provisions  of an act of congress entitled "Employee Retirement   Income Security Act of 1974" as such provisions may be amended from time   to time, and (i) is licensed or chartered by  the  state  department  of   financial  services,  (ii)  is  chartered  by  an  agency of the federal   government, (iii) is subject to the jurisdiction and regulation  of  the   securities and exchange commission of the federal government, or (iv) is   any  other entity otherwise authorized to act in this state as a trustee   of an individual retirement account plan  established  pursuant  to  the   provisions  of  an  act of congress entitled "Employee Retirement Income   Security Act of 1974" as such provisions may be  amended  from  time  to   time;  provided,  however,  that any contributions made pursuant to this   section shall be made to a  financial  organization  whose  offices  are   located  in  this state. Any such written authorization may be withdrawn   by the  employee  at  any  time  upon  filing  written  notice  of  such   withdrawal  in  a manner determined by the comptroller or such deduction   may be  terminated  on  notice  to  the  comptroller  by  the  financial   organization  in accordance with the terms of such plan. Notwithstanding   this subdivision, an organization defined by subdivision nine of section   two of the banking law or a credit union chartered by the United  States   and  having  its  principal office in the state of New York and which is   otherwise entitled under this section to receive payments deducted  from   the  salary of a state employee shall have the right to, and continue to   have the right to, receive such payments for the purpose  of  individual   retirement account plans offered by such organizations.7.  Notwithstanding  any  other law to the contrary, 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  in  the collective negotiating unit   designated as the professional  services  negotiating  unit  established   pursuant  to  article  fourteen  of  the  civil  service  law authorizes   participation in an  annuity  contract  by  employees  covered  by  such   agreement, the comptroller, after receipt of written directions from the   director  of employee relations, is authorized to deduct from the salary   of any employee covered by such an agreement an amount that the employee   may specify in writing filed in a manner determined by  the  comptroller   for  contribution  to such plan or plans in accordance with section four   hundred three (b) of the Internal Revenue Code (26  USC  §  403(b))  and    transmit  deductions  so  withheld  to  the  financial  organization  or   organizations issuing such plan in accordance  with  the  provisions  of   such  agreement.  For  the  purposes of this subdivision, subject to the   rules   and   regulations  promulgated  by  the  comptroller,  the  term   "financial organization" shall mean an  organization  authorized  to  do   business in the state of New York and which (i) is licensed or chartered   by  the  state department of financial services, (ii) is chartered by an   agency  of  the  federal  government,  or  (iii)  is  subject   to   the   jurisdiction and regulation of the securities and exchange commission of   the  federal  government;  provided, however, that any contribution made   pursuant to this section shall be made to a financial organization whose   offices are located in this state. Any such written authorization may be   withdrawn by the employee at any time upon filing written notice of such   withdrawal in a manner determined by the comptroller or  such  deduction   may  be  terminated  on  notice  to  the  comptroller  by  the financial   organization in accordance with the terms of such plan.8. Notwithstanding any other inconsistent provision of law, where  and   to  the  extent  that  any  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  established pursuant to article fourteen of the civil service law,   the comptroller, after receipt of written directions of the director  of   employee  relations, is authorized to deduct from the salary of any such   employee, who (i) is enrolled in the state health insurance  program  or   (ii)  is  enrolled  in  a  plan  for drug prescription coverage or other   benefits sponsored by the employee benefit fund established pursuant  to   section  two  hundred nine of this article, such amounts as specified by   the director  of  employee  relations  and  to  transmit  deductions  so   withheld to said employee benefit fund.9.  The  comptroller is hereby authorized to deduct from the salary of   any employee of the state such amount as such employee  may  specify  in   writing  to  be  filed with the payroll officer of the employee's agency   within the minimum and maximum amounts specified by the comptroller  for   contributions  to campus-related foundations and to transmit the sums so   deducted  to  such  campus-related   foundations.   Any   such   written   authorization  may be withdrawn by such employee at any time upon filing   written notice of such  withdrawal  with  the  payroll  officer  of  the   employee's  agency.  The  comptroller  is hereby authorized to make such   rules and regulations as may be necessary to provide for deductions  for   campus-related  foundations.  As  used  in  this  subdivision,  the term   "campus-related  foundation"  shall  mean   a   non-profit   corporation   organized   and   existing   pursuant   to  the  education  law  or  the   not-for-profit corporation law  for  the  benefit  of  a  state-operated   campus  of  the  state  university  of  New York or for the benefit of a   community college operating under the program of the state university of   New York.10. Notwithstanding any other inconsistent provision of law, where and   to the extent that any 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  units  designated  as  the  security  services  unit or the   security supervisors unit established pursuant to  article  fourteen  of   the  civil  service  law,  the comptroller, after the receipt of written   directions of the director  of  employee  relations,  is  authorized  to   deduct from the salary of any such employee covered by such an agreement   an  amount  which  the employee may specify in writing filed in a manner   determined by the comptroller and transmit deductions so withheld  to  a    bank  participating  in  a loan or investment program in accordance with   the provisions of such agreement. Any such written authorization may  be   withdrawn by the employee at any time upon filing written notice of such   withdrawal  in a manner determined by the comptroller, or such deduction   may be  terminated  on  notice  to  the  comptroller  by  the  bank,  in   accordance  with the terms of the loan. As used in this subdivision, the   term "bank" shall mean an organization defined by subdivision one or six   of section two of the banking law.11. Notwithstanding any  other  inconsistent  provision  of  law,  the   comptroller,  after  receipt  of  written  directions of the director of   employee relations, is authorized to  deduct  from  the  salary  of  any   employee  of  the  state  in  the  executive  branch  whose  position is   designated managerial or confidential pursuant to  article  fourteen  of   the  civil  service  law,  employees  covered by section nineteen of the   correction law, employees in  the  professional  service  in  the  state   university which are designated, stipulated or excluded from negotiating   units  as  managerial  or  confidential  as  defined pursuant to article   fourteen of the civil service law, employees covered by paragraph (a) of   subdivision one of section two hundred fifteen of the executive  law  or   in  the  division  of  military  and  naval  affairs  of  the  executive   department or excluded from representation rights under article fourteen   of the civil service law pursuant to rules or regulations of the  public   employment  relations  board,  employees  of the legislature, judges and   justices of the unified court system and nonjudicial  employees  thereof   not  in  collective  negotiating units, such amount as such employee may   specify in writing filed with the payroll  officer  of  such  employee's   agency  for  the  payment  of child care fees for services at child care   centers designated by the director of employee  relations  and  transmit   deductions  so  withheld  to such designated child care center providing   such services. Any such written authorization may be  withdrawn  by  the   employee  at any time upon filing written notice of such withdrawal with   the payroll officer of such employee's agency, or such deduction may  be   terminated on notice to the payroll officer of such employee's agency by   the child care center.12.  Notwithstanding  any  other inconsistent provision of law, 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,  the  comptroller,  after  receipt  of  written   directions  of  the  director  of  employee  relations, is authorized to   deduct from the salary of any employee covered by such an agreement such   amount as such employee may specify in writing filed  with  the  payroll   officer of such employee's agency for the payment of child care fees for   services  at  child  care centers designated by the director of employee   relations and transmit deductions so withheld to such  designated  child   care  center providing such services. Any such written authorization may   be withdrawn by the employee at any time upon filing written  notice  of   such  withdrawal  with the payroll officer of such employee's agency, or   such deduction may be terminated on notice to  the  payroll  officer  of   such employee's agency by the child care center.* 13.  The  comptroller is hereby authorized to deduct from the salary   of any state employee such  amount  as  such  employee  may  specify  in   writing  to  be  filed with the payroll officer of the employee's agency   for  the  purpose  of  making  payments  on  outstanding  Perkins  loans   (formerly national direct student loans) owed to the state university of   New  York  or the city university of New York and to transmit deductions   so withheld to the appropriate collecting agent of the state  university   of  New  York  or  the  city  university  of  New York. Any such written   authorization may be withdrawn by such employee at any time upon  filing    written  notice of such withdrawal with the comptroller. The comptroller   is hereby authorized to make  such  rules  and  regulations  as  may  be   necessary to provide for deductions for this purpose.* NB There are 2 sb 13's* 13.  The  comptroller is authorized to deduct from the salary of any   employee of the state in the legislative branch and any employee in  the   executive  or judicial branch whose position is designated managerial or   confidential pursuant to article fourteen of the civil service law,  any   employee covered by section nineteen of the correction law, employees in   the  professional  service in the state university which are designated,   stipulated  or  excluded  from  negotiating  units  as   managerial   or   confidential  as  defined  pursuant  to  article  fourteen  of the civil   service law, employees covered by paragraph (a) of  subdivision  one  of   section  two  hundred fifteen of the executive law or in the division of   military and naval affairs of the executive department or excluded  from   representation  rights  under  article fourteen of the civil service law   pursuant to rules or regulations  of  the  public  employment  relations   board or any employee represented by an employee organization who elects   pursuant to an agreement entered into between the state and the employee   organization   to   participate  in  such  state  authorized  individual   retirement plan such amount as such  employee  may  specify  in  writing   filed  in  a manner determined by the comptroller for contribution to an   authorized individual retirement plan as determined pursuant to  section   two hundred eight of this article and to transmit deductions so withheld   to  the financial organization which operates such authorized individual   retirement plan. Any such written authorization may be withdrawn by  the   employee  at any time upon filing written notice of such withdrawal in a   manner determined by the comptroller or such deduction may be terminated   on notice to the comptroller by the financial organization in accordance   with the terms of such plan.* NB There are 2 sb 13's14. Notwithstanding any other law, rule or regulation to the contrary,   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 provides, the  comptroller,  after  receiving  written   direction  from  the  director  of  employee relations, is authorized to   deduct from the salary of any employee  such  amount  as  such  employee   covered  by  such  agreement  may  specify  in writing filed in a manner   determined by the comptroller for contribution  to  a  political  action   committee  designated  by  such  employee organization and transmit such   deduction so withheld to the  political  action  committee  or  to  such   employee  organization,  as  appropriate. Any such written authorization   may be withdrawn by the employee at any time upon filing written  notice   of  such  withdrawal  in  a manner determined by the comptroller or such   deduction may be  terminated  on  notice  to  the  comptroller  by  such   employee organization.15.  The comptroller is hereby authorized to deduct from the salary of   any employee of the  division  of  state  police  such  amount  as  such   employee  may specify in writing, to be filed with the payroll office of   the division of state police, for the purpose  of  contributing  to  the   Trooper  Foundation  -  State of New York, Inc., and/or NYS Troopers PBA   Signal  30  Fund  Inc.,  and/or  New  York  State  Police  Investigators   Association   Emergency   Assistance   Fund,   Inc.   Any  such  written   authorization may be withdrawn by an employee at any  time  upon  filing   written  notice  of  such  withdrawal  with  the  payroll  office of the   division of state police. The comptroller is hereby authorized  to  make   such rules and regulations as may be necessary to provide for deductions   for this purpose. 16.  The comptroller is hereby authorized to deduct from the salary of   any state employee such amount as such employee may specify  in  writing   to  be  filed  with the payroll officer of the employee's agency for the   purpose of making payments on outstanding education loans made  pursuant   to  part  V  of  article  fourteen  of the education law and to transmit   deductions so withheld to the appropriate collecting agent designated by   the higher education services corporation for receipt thereof. Any  such   written authorization may be withdrawn by such employee at any time upon   filing  written  notice  of  such  withdrawal  with the comptroller. The   comptroller is hereby authorized to make such rules and  regulations  as   may be necessary to provide for deductions for this purpose.17. Notwithstanding any other provision of law to the contrary, where,   and  to  the  extent  that an agreement entered into pursuant to article   fourteen of the civil service law between the  state  and  the  employee   organization  representing the collective negotiating unit consisting of   troopers in the division of state police and the collective  negotiating   unit  consisting  of  commissioned  and non-commissioned officers in the   division of state police so provides, the comptroller, after receipt  of   written   directions   from  the  director  of  employee  relations,  is   authorized to deduct, for the purposes of making restitution for  damage   or loss of equipment, from the salary of any employee covered by such an   agreement  such  amount  as  determined  by  the  employer  to cover the   restitution for such damaged or lost equipment.