NY State Fin L § 202 (2021)
2021 New York Laws STF - State Finance Article 14 - Salaries and Employee Benefits 202 - Reimbursement for Travel and Moving Expenses Upon Transfer, Reassignment or Promotion.

§  202.  Reimbursement  for  travel and moving expenses upon transfer, reassignment or promotion. 1. Subject  to  the  regulations  hereinafter mentioned,  when  a geographical change in the location of the principal place of employment of a state officer or employee occurs as a result of his transfer  or  reassignment  made  at  the  order  or  request  of  a department  or  agency for the convenience of the state, and such change reasonably requires a change in the place of his abode, such officer  or employee  shall  be  eligible  for  reimbursement  for travel and moving expenses incurred in transporting himself, his family and his  household effects  to  his  new  place  of  abode. Such reimbursement shall not be payable in  the  case  of  transfer  or  reassignment  for  disciplinary reasons,  or  in  the  case  of  temporary  transfers  or reassignments, including assignments made for training purposes.   2.  Subject  to  the  regulations  hereinafter   mentioned,   when   a geographical change in the location of the principal place of employment of  a state officer or employee occurs as a result of his promotion on a permanent basis to a technical, scientific, educational, professional or administrative position, and such change reasonably requires a change in the place of his abode, he  shall  be  eligible  for  reimbursement  for travel  and moving expenses incurred in transporting himself, his family and household effects to his new place of abode.   3. No payment shall be  made  to  an  officer  or  employee  otherwise eligible  to receive travel and moving expenses pursuant to this section unless he shall agree in writing to return to the state monies  received for  such expenses in the event that he resigns or voluntarily separates from the position to which he is  transferred,  reassigned  or  promoted within  one  year  after  such  transfer, reassignment or promotion. The return of such funds to  the  state  shall  not  be  required  when  the resignation  or  voluntary  separation is the result of a promotion to a higher grade state position in the  same  occupational  field  occurring more  than six months following the transfer, reassignment or promotion, or by a promotion at any time in the same geographical area if he  would have  been eligible for reimbursement of travel and moving expenses upon such  promotion  to  such  position  from  the  position  held  by   him immediately  prior  to the transfer, reassignment or promotion for which reimbursement was paid. Monies owing  to  the  state  pursuant  to  this subdivision  may  be  deducted  from  any  monies due or accruing to the employee on resignation or separation or, if necessary, may be recovered by appropriate legal proceedings.   4. Reimbursement of  travel  and  moving  expenses  pursuant  to  this section  shall  be  payable  from  monies  appropriated and available to departments and agencies. Reimbursement of travel and moving expenses of employees whose salaries are paid from a fund  other  than  the  general fund   shall  be  a  proper  charge  against  such  other  fund.    Such reimbursement shall not be deemed to constitute salary for  any  of  the purposes of the civil service law.   5. The director of the budget shall, with the approval of the director of  employee  relations,  prescribe and amend such regulations as may be necessary to carry out the provisions of this section.  Such regulations may include, but need not be  limited  to,  provisions  (a)  prescribing standards,  criteria,  and  procedures  for  determining eligibility for reimbursement of travel and  moving  expenses  in  accordance  with  the provisions  of  this  section,  and,  if  deemed advisable by the budget director, enumerating positions or classes or groups  of  positions  for which  he has determined that, upon transfer, reassignment or promotion, travel and moving expenses shall or shall  not  be  payable  under  this section;  (b)  fixing maximum dollar limitations on reimbursement for travel and moving expenses pursuant to this section;  (c)  excluding  or limiting reimbursement for expenses for moving less than a prescribed minimum  distance,  for  moving  household  goods  and possessions  in excess of a prescribed maximum weight, or for storage or living expenses.