NY State Fin L § 206 (2021)
2021 New York Laws STF - State Finance Article 14 - Salaries and Employee Benefits 206 - Employee Benefit Fund; Administrative Services, Operational Services, or Institutional Services.

§  206.  Employee  benefit  fund; administrative services, operational   services, or institutional 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 units designated as the  administrative  services   unit,  the  operational services unit or the institutional 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 units 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  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.  The  amount,  which  will  be  determined pursuant to this   section, for employees who are paid from first instance funds,  or  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   first  instance  general  state  charge   appropriations or 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.