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

§  207-d.  Employee  benefit  fund; agency police services unit. 1. 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  agency police services unit and is a police officer pursuant to subdivision thirty-four of  section  1.20  of  the  criminal procedure 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  agency police  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 March first,  two  thousand  fifteen  for payments to be made on April first, two thousand fifteen, on the payroll on  March  first,  two thousand sixteen for payments to be made on April first, two thousand sixteen, on the payroll on March first, two thousand seventeen  for  payments  to  be  made  on  April  first,  two  thousand seventeen,  and on the payroll on March first, two thousand eighteen for payments to be made on April first, two thousand eighteen.  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 shall 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 or she 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  in  this  section  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.