2023 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.