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

§  207-c.  Employee  benefit  fund;  division  of  military  and naval   affairs. 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 unit designated as the division of  military  and   naval affairs 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 moneys 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 unit  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 moneys 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 moneys 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  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 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  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.