2023 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 § 25
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 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.