NY Pub Auth L § 1210-A (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 9 - New York City Transit Authority 1210-A - Flexible Benefits Program.

§  1210-a. Flexible benefits program. 1. For purposes of this section,   the following terms shall have the following meanings:a. "Code" shall mean  the  United  States  internal  revenue  code  of   nineteen  hundred  eighty-six,  as  amended, and regulations promulgated   thereunder.b. "Authority" shall mean (1) the New York city transit authority, (2)   the Manhattan and Bronx surface transit operating authority, or (3)  the   Staten Island rapid transit operating authority.c.  "Employee"  shall  mean  any  officer  or  employee  of any of the   entities set forth in  paragraph  c  of  this  subdivision  who  is  not   eligible  to  receive  benefits from the New York city employee benefits   program.For purposes of this section, an independent contractor shall  not  be   considered an employee.d.  "Flexible  benefits  program"  shall  mean the program established   pursuant to this section, qualifying as a cafeteria plan as  defined  in   section  one  hundred  twenty-five  of the code or any successor section   thereto providing similar  benefits,  and  provided  as  a  part  of  an   employee benefits program administered by the authority.e. "Program administrator" shall mean that agent, as determined by the   authority,  responsible  for  the  maintenance  and  management  of  the   flexible benefits program as  authorized  in  subdivision  two  of  this   section.2.  The  authority is authorized to establish and implement a flexible   benefits program for its employees  who  are  not  eligible  to  receive   benefits  from  the  New York city employee benefits program, consistent   with applicable provisions of the code. It  may  enter  into  agreements   with  persons  or  entities  to  act  as  program  administrators of the   flexible benefits  program.  It  shall  establish  regulations  for  the   appropriate administration of such flexible benefits program.3.  At  the  request  of  an employee, the chief fiscal officer of the   authority, or the officer responsible  for  the  administration  of  the   authority's  payroll, shall, by payroll deduction, adjust the payment of   the compensation of such employee as provided in a written statement  by   the employee in connection with the establishment and maintenance of the   flexible  benefits  program  as  authorized  by  subdivision two of this   section, and shall transfer the amount so  adjusted  to  the  authorized   program administrator.4.  Moneys  held for employees in any accounts established pursuant to   the flexible benefits program, as authorized in subdivision two of  this   section,  shall  be  held  by the program administrator as agent for the   participating employee, shall be  accounted  for  separately  and  shall   remain the property of the authority to the extent required by the code.   Notwithstanding  any law to the contrary, moneys may be paid out of such   accounts without any appropriation by law. Any  unexpended  balances  in   such  accounts  at the end of a plan year as that term is defined by the   United States internal revenue service shall be returned to the  control   of the authority to the extent required by the code.5.  To  the  extent  permitted  by  the  code, any salary deduction or   deferral to an employee under the flexible benefits program  established   pursuant  to  this  section  shall be considered part of such employee's   annual compensation for the purpose of computing  pension  contributions   and  retirement  benefits  by any retirement system or plan to which the   authority  contributes  on  behalf  of  said  employee.  However,   this   subdivision  shall in no way be construed to supersede the provisions of   sections four hundred thirty-one, five hundred twelve  and  six  hundred   eight  of  the  retirement  and social security law or any other similar    provision of law which limits the salary base for  computing  retirement   benefits payable by a public retirement system.