NY State Fin L § 207-B (2021)
2021 New York Laws STF - State Finance Article 14 - Salaries and Employee Benefits 207-B - Employee Benefit Fund; Division of State Police.

§   207-b.  Employee  benefit  fund;  division  of  state  police.  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 in the division of state police who is appointed to and serving  on   a  full-time  annual  salaried  basis  in  a  position in the collective   negotiating   units   consisting   of   troopers;    commissioned    and   non-commissioned  officers;  and investigators, senior investigators and   investigative specialists established pursuant to  article  fourteen  of   the civil service law.2.  a.  Where, and to the extent that, the agreement between the state   and an employee organization entered into pursuant to  article  fourteen   of  the  civil service law so provides on behalf of the employees in the   collective   negotiating   unit   consisting   of    commissioned    and   non-commissioned  officers  in the division of state police, established   pursuant to article fourteen of the civil service law,  and  upon  audit   and warrant of the state comptroller, the director shall provide for the   payment  of  monies  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  amounts  are to be determined consistent with said   agreement, including any and all monies agreed to be transferred in said   agreement, and on the basis of the number of full-time  annual  salaried   employees,  other  than  full-time seasonal employees, on the payroll on   March first, two thousand eighteen for payments  to  be  made  on  April   first,  two  thousand  eighteen, the number of full-time annual salaried   employees, other than full-time seasonal employees, on  the  payroll  on   March  first,  two  thousand  nineteen  for payments to be made on April   first, two thousand nineteen, the number of  full-time  annual  salaried   employees,  other  than  full-time seasonal employees, on the payroll on   March first, two thousand twenty for payments to be made on April first,   two thousand twenty, the number of full-time annual salaried  employees,   other  than full-time seasonal employees, on the payroll on March first,   two thousand twenty-one for payments to be  made  on  April  first,  two   thousand  twenty-one,  and  the  number  of  full-time  annual  salaried   employees, other than full-time seasonal employees, on  the  payroll  on   March  first,  two  thousand twenty-two for payments to be made on April   first, two thousand twenty-two. The amounts, 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  state  comptroller  will  establish   procedures  to  ensure  repayment  from  said  special or administrative   funds. The director shall enter into  an  agreement  with  the  employee   organization  that  sets forth the specific terms and conditions for the   transmittal of monies pursuant to this section. Payments  made  pursuant   to this paragraph and paragraph a-1 of this subdivision shall be made to   the same fund as set forth in the agreement between the director and the   employee  organization  that  represents  the  employees  covered by the   provisions of this paragraph and paragraph a-1 of this subdivision.a-1. Where, and to the extent that, the 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  consisting of troopers in the division of   state police, established pursuant to  article  fourteen  of  the  civil   service  law,  and  upon audit and warrant of the state comptroller, the   director shall provide for  the  payment  of  monies  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 amounts are to   be determined consistent with said  agreement,  including  any  and  all   monies  agreed  to be transferred in said agreement, and on the basis of   the number of full-time annual salaried employees, other than  full-time   seasonal employees, on the payroll on March first, two thousand eighteen   for  payments  to  be  made  on  April first, two thousand eighteen, the   number of full-time annual  salaried  employees,  other  than  full-time   seasonal employees, on the payroll on March first, two thousand nineteen   for  payments  to  be  made  on  April first, two thousand nineteen, the   number of full-time annual  salaried  employees,  other  than  full-time   seasonal  employees,  on the payroll on March first, two thousand twenty   for payments to be made on April first, two thousand twenty, the  number   of  full-time  annual  salaried employees, other than full-time seasonal   employees, on the payroll on March first, two  thousand  twenty-one  for   payments  to  be  made  on April first, two thousand twenty-one, and the   number of full-time annual  salaried  employees,  other  than  full-time   seasonal  employees,  on  the  payroll  on  March  first,  two  thousand   twenty-two for  payments  to  be  made  on  April  first,  two  thousand   twenty-two.  The  amounts,  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 state comptroller will establish procedures to ensure repayment   from said special or administrative funds. The director shall enter into   an agreement with the employee organization that sets forth the specific   terms and conditions for the transmittal  of  monies  pursuant  to  this   section.  Payments  made  pursuant  to this paragraph and paragraph a of   this subdivision shall be made to the same fund  as  set  forth  in  the   agreement  between  the  director  and  the  employee  organization that   represents the employees covered by the provisions of this paragraph and   paragraph a of this subdivision.* b. Pursuant to the terms of  an  agreement  negotiated  between  the   executive  branch of the state of New York and the employee organization   representing   the   collective   negotiating   unit    consisting    of   investigators,  senior  investigators,  and investigative specialists in   the division of state police, and upon audit and warrant  of  the  state   comptroller,  the  director  shall  provide for the payment of monies to   such employee organization for the establishment and maintenance  of  an   employee  benefit  fund established by the employee organization for the   employees in the collective negotiating unit covered by the  controlling   provisions  of  such agreement providing for such employee benefit fund,   such amount to be determined consistent with said  agreement,  including   any  and  all  monies agreed to be transferred in said agreement, and on   the basis of the number of full-time annual  salaried  employees,  other   than  full-time  seasonal  employees, on the payroll on March first, two   thousand eleven, for payments to be made on April  first,  two  thousand   eleven,  and  on  the  payroll  on March first, two thousand twelve, for   payments to be made on April first,  two  thousand  twelve  and  on  the   payroll  on  March first, two thousand thirteen, for payments to be made   on April first, two thousand thirteen and on the payroll on March first,   two thousand fourteen, for payments to  be  made  on  April  first,  two   thousand  fourteen  and  on  the  payroll  on  March first, two thousand   fifteen, for payments to be made on April first,  two  thousand  fifteen   and  on the payroll on March first, two thousand sixteen for payments to   be made on April first, two thousand sixteen and on the payroll on March    first, two thousand seventeen for payments to be made  on  April  first,   two thousand seventeen. 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  state  comptroller  shall  establish  procedures  to   ensure   repayment  from said special or administrative funds. The director shall   enter into an agreement with an employee organization, which sets  forth   the specific terms and conditions for the transmittal of monies pursuant   to this section.* NB  Effective  until  certain  conditions  are  met  as set forth in   chapter 337 of 2019 Part A § 25* b. Pursuant to the terms of  an  agreement  negotiated  between  the   executive  branch of the state of New York and the employee organization   representing   the   collective   negotiating   unit    consisting    of   investigators,  senior  investigators,  and investigative specialists in   the division of state police, and upon audit and warrant  of  the  state   comptroller,  the  director  shall  provide for the payment of monies to   such employee organization for the establishment and maintenance  of  an   employee  benefit  fund established by the employee organization for the   employees in the collective negotiating unit covered by the  controlling   provisions  of  such agreement providing for such employee benefit fund,   such amount to be determined consistent with said  agreement,  including   any  and  all  monies agreed to be transferred in said agreement, and on   the basis of the number of full-time annual  salaried  employees,  other   than  full-time  seasonal  employees, on the payroll on March first, two   thousand eighteen, for payments to be made on April first, two  thousand   eighteen,  and on the payroll on March first, two thousand nineteen, for   payments to be made on April first, two thousand  nineteen  and  on  the   payroll  on March first, two thousand twenty, for payments to be made on   April first, two thousand twenty and on the payroll on March first,  two   thousand  twenty-one,  for  payments  to  be  made  on  April first, two   thousand twenty-one and on the payroll  on  March  first,  two  thousand   twenty-two,  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  state  comptroller  shall  establish  procedures  to  ensure   repayment from said special or administrative funds. The director  shall   enter  into an agreement with an employee organization, which sets forth   the specific terms and conditions for the transmittal of monies pursuant   to this section.* NB Effective upon certain conditions  being  met  as  set  forth  in   chapter 337 of 2019 Part A § 253.  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 the 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 act, general or special, the provisions of this   section shall be controlling.