2023 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  nineteen  for
payments  to  be  made  on  April  first,  two thousand nineteen, on the
payroll on March first, two thousand twenty for payments to be  made  on
April  first,  two  thousand  twenty, 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
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.