2023 New York Laws › STF - State Finance › Article 14 - Salaries and Employee Benefits › 204 - Reimbursement for Travel and Moving Expenses Upon Initial Appointment to State Service.

§  204.  Reimbursement  for  travel  and  moving expenses upon initial
appointment  to  state  service.  1.  The  appointing  authority  of   a
department   or   agency  of  the  state,  subject  to  the  regulations
hereinafter  mentioned  and  to  the  extent  that  appropriations   are
available  therefor, may reimburse a state officer or employee, upon his
initial   appointment   to   a   technical,   scientific,   educational,
professional  or administrative position in the service of the state for
which there exists in New York state a shortage of qualified candidates,
for travel and moving expenses incurred  in  transporting  himself,  his
family  and  his  household  effects to his new place of abode, provided
such appointment reasonably requires a change in the place of his abode.
Positions in the competitive class for  which  there  are  shortages  of
qualified  candidates  shall  be  determined  by the state department of
civil  service;  for  positions  outside  the  competitive  class   such
determination  shall  be made by the head of the department or agency in
which the positions are authorized.
2. 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 initially appointed within one year  of
the effective date of such appointment.  The return of such funds to the
state shall not be required when the resignation or voluntary separation
is the result of a transfer, reassignment, or promotion to another state
position  in  the same occupational field occurring more than six months
following the initial appointment, or by  a  transfer,  reassignment  or
promotion  at any time in the same geographic area if he would have been
eligible for  reimbursement  of  travel  and  moving  expenses  upon  an
original  appointment  to  the  position  to  which  he was transferred,
reassigned or promoted.   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.
3. The director of the budget shall prescribe  and  amend  regulations
providing  for reimbursement for travel and moving expenses upon initial
appointment to the state service. 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, and
(b)  enumerating positions or classes or groups of positions for which
travel or moving expenses shall or shall not be payable, and
(c) fixing maximum dollar limitations on reimbursement for travel  and
moving expenses, and
(d)  excluding  or  limiting reimbursement for expenses of moving less
than a prescribed minimum distance or  of  moving  household  goods  and
possessions  in excess of a prescribed maximum weight, or for storage or
living expenses.
4. Nothing in this section shall affect or impair the  eligibility  of
any officer or employee of the state for the reimbursement of travel and
moving expenses in accordance with the provisions of section two hundred
two of this article.
5.  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 salaries for any of the
purposes of the civil service law.