2023 New York Laws › CVS - Civil Service › Article 11 - Health Benefits for State and Retired State Employees › 168 - Assessment of Certain Costs.

§ 168. Assessment  of  certain costs. 1. If the salary or compensation
of any officers and employees of the state is paid  from  a  special  or
administrative  fund or funds, other than the state purposes fund or the
local assistance fund of the general fund of the state  or  the  capital
construction  fund  or  an  income  fund  of the state university or the
mental hygiene services fund, such fund or funds shall be  charged,  and
there shall be paid therefrom as provided in this section the employer's
share  of  the  premium  for the coverage of such officers and employees
under the health benefit plan. If the amounts appropriated or  allocable
from  such  special or administrative fund or funds are insufficient for
such purpose, the  director  of  the  budget  is  hereby  authorized  to
allocate  such  additional  sums  from  such  fund  or  funds  as may be
necessary therefor; provided, however, that no transfer  shall  be  made
between  two  or more of such funds. Such amounts shall be paid, at such
times as shall be required by the  president,  to  the  commissioner  of
taxation  and finance and shall be credited to the health insurance fund
to pay, or reimburse the health insurance fund for the payment  of,  the
employer's  share  of  the  premium  for  coverage  of such officers and
employees under the health benefit plan.
2. If the salary or compensation of any officers and employees of  the
state  is  payable from a special or administrative fund or funds, other
than the state purposes fund or the local assistance fund of the general
fund of the state or the capital construction fund or an income fund  of
the   state   university   or   the  mental  hygiene  services  fund,  a
proportionate share of the expenses  of  administration  of  the  health
benefit  plan,  on  account  of coverage of such officers and employees,
shall be payable from such fund or funds. If the amounts appropriated or
allocable  from  such  special  or  administrative  fund  or  funds  are
insufficient  for  such  purpose,  the  director of the budget is hereby
authorized to allocate such additional sums from such funds or funds  as
may  be necessary therefor; provided, however, that no transfer shall be
made between two or more of such funds. The proportionate share  of  the
expenses  of  administration  of  the  health  benefit  plan  chargeable
pursuant to this subdivision to any special or administrative fund shall
be determined by the president and shall be payable at such times as may
be fixed by him or her. Such sums shall be payable to  the  commissioner
of  taxation  and  finance  and shall be applied to the reimbursement of
funds previously advanced for the  expenses  of  administration  of  the
health benefit plan.
3. (a) If the salary or compensation of any justices, judges, officers
and  employees  of  the  supreme court, surrogate's court, county court,
family court, civil court of the city of New York, criminal court of the
city of New  York  and  district  court  in  any  county,  officers  and
employees  of the office of probation for the courts of New York city is
not paid in whole or in part from the treasury of the state, but is paid
directly from the treasury of a  civil  division,  such  civil  division
shall be required to pay the employer's share of the premium charges for
the  coverage of such justices, judges, officers and employees under the
state health benefit plan. The appropriate fiscal officer of such  civil
division  shall  deduct  from the salary or wages paid to such justices,
judges, officers and employees the sums required  to  be  paid  by  them
under  such plan. Such deductions and the corresponding employer's share
of premium charges shall be paid, at  such  times  as  required  by  the
president,  to  the  commissioner  of  taxation and finance and shall be
credited to the health insurance fund.
(b) If the salary or compensation of  any  retired  justices,  judges,
officers  and  employees of the supreme court, surrogate's court, county
court, family court, civil court of the city of New York, criminal court

of the city of New York and district court in any county,  officers  and
employees  of  the  office  of probation for the courts of New York city
prior to retirement was not paid in whole or in part from  the  treasury
of  the  state  but  was  paid  directly  from  the  treasury of a civil
division, such civil division shall be required to  pay  the  employer's
share  of the premium charges for the coverage of such retired justices,
judges, officers and employees under the state health benefit  plan.  If
such  retired  justices,  judges,  officers  and employees are receiving
retirement allowances from  a  pension  or  retirement  plan  or  system
administered  by such civil division, the amounts required to be paid by
such retired justices, judges, officers and employees as their share  of
premium charges shall be deducted from their retirement allowances. Such
deductions and the employer's share of premium charges shall be paid, at
such times as required by the president, to the commissioner of taxation
and finance and shall be credited to the health insurance fund.
(c)  Any  civil  division  required  by  this  subdivision  to pay the
employer's share of the premium charges for the coverage  of  active  or
retired  justices,  judges, officers and employees of the supreme court,
surrogate's court, county court, family court, civil court of  the  city
of  New  York, criminal court of the city of New York and district court
in any county, officers and employees of the office of probation for the
courts of New York city shall also be assessed and  required  to  pay  a
proportionate  share  of  the  expenses  of administration of the health
benefit plan in such amounts and at such  times  as  determined  by  the
president.  Such  sums  shall be payable to the commissioner of taxation
and  finance  and  shall  be  applied  to  the  reimbursement  of  funds
previously  advanced  for  the  expenses of administration of the health
benefit plan.