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

§  207-a. Employee benefit fund; security 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  serving  on  a  full-time  annual   salaried  basis 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  security  services unit or the security supervisors   unit established pursuant to article fourteen of the civil service law.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 or an interest arbitration award  issued  pursuant  to   subdivision  four  of  section two hundred nine of the civil service law   between the state and an employee organization so provides on behalf  of   employees  in the collective negotiating unit designated as the security   services unit 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 moneys 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   or  award  providing  for  such employee benefit fund, such amount to be   determined consistent with said agreement or award on the basis  of  the   number  of  full-time  annual  salaried  employees, as determined by the   comptroller, on the payroll on the last day of  the  payroll  period  in   which  March  first, two thousand sixteen, falls for payments to be made   on April first, two thousand sixteen, on the last  day  of  the  payroll   period  in  which March first, two thousand seventeen falls for payments   to be made on April first, two thousand seventeen, on the  last  day  of   the payroll period in which March first, two thousand eighteen falls for   payments  to  be made on April first, two thousand eighteen, on the last   day of the payroll period in which March first,  two  thousand  nineteen   falls  for payments to be made on April first, two thousand nineteen, on   the last day of the payroll period in which March  first,  two  thousand   twenty  falls  for  payments  to  be  made  on April first, two thousand   twenty, on the last day of the payroll period in which March first,  two   thousand  twenty-one  falls  for payments to be made on April first, two   thousand twenty-one and, on the last day of the payroll period in  which   March  first,  two  thousand twenty-two falls for payments to be made on   April  first,  two  thousand  twenty-two.  The  amount,  which  will  be   determined  pursuant  to  this  section, for employees who are paid from   special or administrative funds, 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 moneys pursuant to this section.2-a. 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 or an interest arbitration award  issued  pursuant   to subdivision four of section two hundred nine of the civil service law   so  provides  on  behalf of employees in the collective negotiating unit   designated as the security  supervisors  unit  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 moneys 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  said agreement on the basis of the   number  of  full-time  annual  salaried  employees, as determined by the   comptroller, on the payroll on the last day of  the  payroll  period  in   which  March  first,  two thousand nine falls for payments to be made on   April first, two thousand nine and, on  the  last  day  of  the  payroll   period  in  which March first, two thousand ten falls for payments to be   made on April first, two thousand ten  and,  on  the  last  day  of  the   payroll  period  in  which  March  first,  two thousand eleven falls for   payments to be made on April first, two thousand eleven and, on the last   day of the payroll period in which  March  first,  two  thousand  twelve   falls  for  payments to be made on April first, two thousand twelve and,   on the last day of the payroll period in which March first, two thousand   thirteen falls for payments to be made  on  April  first,  two  thousand   thirteen  and,  on  the  last  day  of the payroll period in which March   first, two thousand fourteen falls for payments  to  be  made  on  April   first,  two thousand fourteen and, on the last day of the payroll period   in which March first, two thousand fifteen falls for payments to be made   on April  first,  two  thousand  fifteen.  The  amount,  which  will  be   determined  pursuant  to  this  section, for employees who are paid from   special or administrative funds, 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  of  the   establishment  and  administration  of  an  employee  benefit  fund as a   condition for the transmittal of moneys pursuant to this  section.  Such   agreement  shall  provide  that  any  contributions paid to the employee   organization for the  establishment  and  maintenance  of  the  employee   benefit  fund  pursuant to this section on behalf of eligible members of   this unit shall be offset by contributions already  made  on  behalf  of   those members in each of the covered years, where applicable.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 moneys  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   moneys  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 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 moneys 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 law, general or special, the provisions of this   section shall be controlling.