2006 New York Code - Deductions From Salaries.

 
    §  201.  Deductions  from salaries. 1. The comptroller of the state is
  hereby authorized to deduct from the salary of any employee of the state
  such amount as such employee may  specify  in  writing  filed  with  the
  comptroller  within  the  minimum  and maximum amounts prescribed by the
  comptroller for the purchase for such employee of  United  States  bonds
  and  for  contribution  to  federated  community  campaigns  for health,
  welfare and recreational purposes on behalf of such employee and to  the
  account  of  such  employee  with such federated community campaign. The
  comptroller is hereby authorized to  make  such  rules  and  regulations
  governing  the  purchase  of  said  bonds and contributions to federated
  community campaigns as he deems necessary, such rules and regulations to
  be incorporated in  the  employee's  written  authorization  of  payroll
  deduction  filed  in  a  manner  determined by the comptroller. Any such
  written authorization may be withdrawn by such employee at any time upon
  filing written notice of such withdrawal in a manner determined  by  the
  comptroller.  As  used  in  this section, "federated community campaign"
  means a charitable non-profit  organization  which  solicits  funds  for
  distribution   among  a  substantial  number  of  charitable  non-profit
  organizations, which has been approved as such by  the  commissioner  of
  general  services. The commissioner of general services shall approve no
  more than one federated community campaign within a county or  group  of
  counties  in  which  such  campaign is operating. He shall not approve a
  federated community campaign in any county or group of  counties  where,
  in  his  opinion  and  judgment,  the  number  of  state employees to be
  solicited  by  such  campaign  is  too  small  to  make  deductions   or
  contributions   by   the   comptroller   practicable  or  feasible.  The
  commissioner  of  general  services  shall  have  power  to  make   such
  reasonable  rules  and regulations not inconsistent with the law, as may
  be necessary for the exercise of his authority under this section.
    2. The comptroller is hereby authorized to deduct from the  salary  of
  any  employee  of  the state such amount as such employee may specify in
  writing filed in a manner determined by the comptroller for the  payment
  of  membership  dues  in a duly organized association or organization of
  civil service employees or faculty members of the state  university  and
  to   transmit   the   sums  so  deducted  to  the  said  association  or
  organization. Any such written authorization may be  withdrawn  by  such
  employee  at any time upon filing written notice of such withdrawal in a
  manner determined by the comptroller. The foregoing notwithstanding, and
  subject to the provisions of article fourteen of the civil service  law,
  such  deductions  and transmittals shall be terminated as to one or more
  such associations  or  organizations  in  accordance  with  the  written
  directions  of  the director of employee relations, not more than thirty
  days after receipt by the comptroller of such directions. The deductions
  and transmittals which were the subject of  such  directions  shall  not
  thereafter be resumed without the written approval of such director.
    3.  The  comptroller is hereby authorized to deduct from the salary of
  any employee of the state in the  executive  branch  whose  position  is
  designated  managerial  or  confidential pursuant to article fourteen of
  the civil service law, employees covered  by  section  nineteen  of  the
  correction  law,  employees  in  the  professional  service in the state
  university which are designated, stipulated or excluded from negotiating
  units as managerial or  confidential  as  defined  pursuant  to  article
  fourteen of the civil service law, employees covered by paragraph (a) of
  subdivision  one  of section two hundred fifteen of the executive law or
  in  the  division  of  military  and  naval  affairs  of  the  executive
  department or excluded from representation rights under article fourteen
  of  the civil service law pursuant to rules or regulations of the public
  employment relations board, judges and justices  of  the  unified  court
  system  and  nonjudicial employees thereof not in collective negotiating
  units, such amount as such employee may specify in writing  filed  in  a
  manner  determined  by  the  comptroller  for  the  payment of insurance
  premiums  for  a  group  insurance  plan,  or  a wholesale, franchise or
  similar  mass-marketed  insurance  policy  or   program   and   transmit
  deductions  so withheld to the insurance or other company, organization,
  or agency  issuing  or  administering  said  policy.  Any  such  written
  authorization  may  be withdrawn by the employee at any time upon filing
  written notice  of  such  withdrawal  in  a  manner  determined  by  the
  comptroller,  or  such  deduction  may  be  terminated  on notice to the
  comptroller by the insurance or other company, organization or agency in
  accordance with the terms of the policy.
    4. The comptroller is hereby authorized to deduct from the  salary  of
  any  employee  of  the state such amount as such employee may specify in
  writing to be filed with the payroll officer of  the  employee's  agency
  within  the minimum and maximum amounts specified by the comptroller for
  the repayment of defaulted higher education  guaranteed  student  loans,
  national  defense  or  national  direct  student  loans  owed  to higher
  education services corporation or to the state by the  employee  or  for
  the  payment of fees, fines, penalties and other obligations owed to the
  state by the employee, including recurring parking permit fees, and  for
  payment  to credit unions in payment for shares, repayment of loans and,
  subject to regulations of the comptroller,  other  purposes  within  the
  powers  of  a  credit union except for payment for any form of insurance
  policy other than life insurance ancillary to a loan and to transmit the
  sums so deducted to such credit unions or to the state agency designated
  by the employee. Any such written authorization may be withdrawn by such
  employee at any time upon filing written notice of such withdrawal  with
  the  payroll  officer of the employee's agency and with the state agency
  designated to receive the amounts deducted. The  comptroller  is  hereby
  authorized  to  make  such  rules and regulations as may be necessary to
  provide for credit union and other deductions which may include but need
  not be limited to requirements  insuring  that  computations  and  other
  appropriate  clerical  work  shall  be  performed by the credit union or
  state agency, limiting the frequency of changes in the amount of payroll
  deductions, indemnifying the state and establishing  minimum  membership
  standards  so  that  payroll deductions are practicable and feasible. As
  used in  this  subdivision,  the  term  "credit  union"  shall  mean  an
  organization  defined  by subdivision nine of section two of the banking
  law or a credit union chartered by the  United  States  and  having  its
  principal office in the state of New York.
    5.  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  so provides, the comptroller, after receipt of
  written directions of the director of employee relations, is  authorized
  to  deduct  from  the salary of any employee of the state such amount as
  such employee may specify in writing filed in a manner determined by the
  comptroller for the payment of insurance premiums for a group  insurance
  plan,  or  a  wholesale,  franchise  or  similar mass-marketed insurance
  policy or program issued to or sponsored  by  an  association  of  civil
  service employees or an employee organization certified or recognized by
  the  state pursuant to said article, and transmit deductions so withheld
  to the insurance company issuing said policy  or  policies,  or  to  the
  employee  organization,  in  accordance  with  the  provisions  of  such
  agreement. Any such  written  authorization  may  be  withdrawn  by  the
  employee  at any time upon filing written notice of such withdrawal in a
  manner  determined  by  the  comptroller,  or  such  deduction  may   be
  terminated  on  notice  to  the comptroller by the insurance carrier, in
  accordance with the terms of the policy.
    6.  Notwithstanding  any  other law to the contrary, where, and to the
  extent that, an agreement between the state and an employee organization
  pursuant to  article  fourteen  of  the  civil  service  law  authorizes
  participation  in  an  individual  retirement  account plan by employees
  covered by such agreement, the comptroller,  after  receipt  of  written
  directions  from the director of employee relations where such agreement
  covers employees in the executive branch or from the chief administrator
  of the courts where such agreement  covers  employees  in  the  judicial
  branch,  is authorized to deduct from the salary of any employee covered
  by such an agreement an amount which the employee may specify in writing
  filed in a manner determined by the comptroller for contribution to such
  plan in accordance with the Economic Recovery  Tax  Act  of  1981  (P.L.
  97-34) and transmit deductions so withheld to the financial organization
  issuing  such  plan in accordance with the provisions of such agreement.
  For  the  purposes  of  this  subdivision,  subject  to  the  rules  and
  regulations   promulgated   by  the  comptroller,  the  term  "financial
  organization" shall mean an organization authorized to  do  business  in
  the  state  of New York and which is an authorized fiduciary to act as a
  trustee under an individual retirement account plan established pursuant
  to the provisions of an act of congress  entitled  "Employee  Retirement
  Income Security Act of 1974" as such provisions may be amended from time
  to  time,  and  (i)  is  licensed  or  chartered  by the state insurance
  department,  (ii)  is  licensed  or  chartered  by  the  state   banking
  department,  (iii)  is chartered by an agency of the federal government,
  (iv) is subject to the jurisdiction and regulation of the securities and
  exchange commission of the federal  government,  or  (v)  is  any  other
  entity  otherwise  authorized  to  act  in this state as a trustee of an
  individual  retirement  account  plan  established   pursuant   to   the
  provisions  of  an  act of congress entitled "Employee Retirement Income
  Security Act of 1974" as such provisions may be  amended  from  time  to
  time;  provided,  however,  that any contributions made pursuant to this
  section shall be made to a  financial  organization  whose  offices  are
  located  in  this state. Any such written authorization may be withdrawn
  by the  employee  at  any  time  upon  filing  written  notice  of  such
  withdrawal  in  a manner determined by the comptroller or such deduction
  may be  terminated  on  notice  to  the  comptroller  by  the  financial
  organization  in accordance with the terms of such plan. Notwithstanding
  this subdivision, an organization defined by subdivision nine of section
  two of the banking law or a credit union chartered by the United  States
  and  having  its  principal office in the state of New York and which is
  otherwise entitled under this section to receive payments deducted  from
  the  salary of a state employee shall have the right to, and continue to
  have the right to, receive such payments for the purpose  of  individual
  retirement account plans offered by such organizations.
    7.  Notwithstanding  any  other law to the contrary, 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  so
  provides  on  behalf  of  employees  in  the collective negotiating unit
  designated as the professional  services  negotiating  unit  established
  pursuant  to  article  fourteen  of  the  civil  service  law authorizes
  participation in an  annuity  contract  by  employees  covered  by  such
  agreement, the comptroller, after receipt of written directions from the
  director  of employee relations, is authorized to deduct from the salary
  of any employee covered  by  such  an  agreement  an  amount  which  the
  employee  may  specify  in  writing  filed in a manner determined by the
  comptroller for contribution to such plan or plans  in  accordance  with
  section  four  hundred  three (b) of the Internal Revenue Code (26 USC §
  403(b))  and  transmit  deductions  so   withheld   to   the   financial
  organization  or  organizations issuing such plan in accordance with the
  provisions  of  such  agreement.  For  the purposes of this subdivision,
  subject to the rules and regulations promulgated by the comptroller, the
  term "financial organization" shall mean an organization  authorized  to
  do  business  in  the  state  of  New  York and which (i) is licensed or
  chartered by  the  state  insurance  department,  (ii)  is  licensed  or
  chartered  by  the  state  banking  department, (iii) is chartered by an
  agency of the federal government, or (iv) is subject to the jurisdiction
  and regulation of the securities and exchange commission of the  federal
  government;  provided,  however,  that any contribution made pursuant to
  this section shall be made to a financial organization whose offices are
  located in this state. Any such written authorization may  be  withdrawn
  by  the  employee  at  any  time  upon  filing  written  notice  of such
  withdrawal in a manner determined by the comptroller or  such  deduction
  may  be  terminated  on  notice  to  the  comptroller  by  the financial
  organization in accordance with the terms of such plan.
    8. Notwithstanding any other inconsistent provision of law, where  and
  to  the  extent  that  any  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 designated as  the  professional  services  negotiating
  unit  established pursuant to article fourteen of the civil service law,
  the comptroller, after receipt of written directions of the director  of
  employee  relations, is authorized to deduct from the salary of any such
  employee, who (i) is enrolled in the state health insurance  program  or
  (ii)  is  enrolled  in  a  plan  for drug prescription coverage or other
  benefits sponsored by the employee benefit fund established pursuant  to
  section  two  hundred nine of this article, such amounts as specified by
  the director  of  employee  relations  and  to  transmit  deductions  so
  withheld to said employee benefit fund.
    9.  The  comptroller is hereby authorized to deduct from the salary of
  any employee of the state such amount as such employee  may  specify  in
  writing  to  be  filed with the payroll officer of the employee's agency
  within the minimum and maximum amounts specified by the comptroller  for
  contributions  to campus-related foundations and to transmit the sums so
  deducted  to  such  campus-related   foundations.   Any   such   written
  authorization  may be withdrawn by such employee at any time upon filing
  written notice of such  withdrawal  with  the  payroll  officer  of  the
  employee's  agency.  The  comptroller  is hereby authorized to make such
  rules and regulations as may be necessary to provide for deductions  for
  campus-related  foundations.  As  used  in  this  subdivision,  the term
  "campus-related  foundation"  shall  mean   a   non-profit   corporation
  organized   and   existing   pursuant   to  the  education  law  or  the
  not-for-profit corporation law  for  the  benefit  of  a  state-operated
  campus  of  the  state  university  of  New York or for the benefit of a
  community college operating under the program of the state university of
  New York.
    10. Notwithstanding any other inconsistent provision of law, where and
  to the extent that any 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  units  designated  as  the  security  services  unit or the
  security supervisors unit established pursuant to  article  fourteen  of
  the  civil  service  law,  the comptroller, after the receipt of written
  directions of the director  of  employee  relations,  is  authorized  to
  deduct from the salary of any such employee covered by such an agreement
  an  amount  which  the employee may specify in writing filed in a manner
  determined by the comptroller and transmit deductions so withheld  to  a
  bank  participating  in  a loan or investment program in accordance with
  the  provisions of such agreement. Any such written authorization may be
  withdrawn by the employee at any time upon filing written notice of such
  withdrawal in a manner determined by the comptroller, or such  deduction
  may  be  terminated  on  notice  to  the  comptroller  by  the  bank, in
  accordance with the terms of the loan. As used in this subdivision,  the
  term "bank" shall mean an organization defined by subdivision one or six
  of section two of the banking law.
    11.  Notwithstanding  any  other  inconsistent  provision  of law, the
  comptroller, after receipt of written  directions  of  the  director  of
  employee  relations,  is  authorized  to  deduct  from the salary of any
  employee of  the  state  in  the  executive  branch  whose  position  is
  designated  managerial  or  confidential pursuant to article fourteen of
  the civil service law, employees covered  by  section  nineteen  of  the
  correction  law,  employees  in  the  professional  service in the state
  university which are designated, stipulated or excluded from negotiating
  units as managerial or  confidential  as  defined  pursuant  to  article
  fourteen of the civil service law, employees covered by paragraph (a) of
  subdivision  one  of section two hundred fifteen of the executive law or
  in  the  division  of  military  and  naval  affairs  of  the  executive
  department or excluded from representation rights under article fourteen
  of  the civil service law pursuant to rules or regulations of the public
  employment relations board, employees of  the  legislature,  judges  and
  justices  of  the unified court system and nonjudicial employees thereof
  not in collective negotiating units, such amount as  such  employee  may
  specify  in  writing  filed  with the payroll officer of such employee's
  agency for the payment of child care fees for  services  at  child  care
  centers  designated  by  the director of employee relations and transmit
  deductions so withheld to such designated child  care  center  providing
  such  services.  Any  such written authorization may be withdrawn by the
  employee at any time upon filing written notice of such withdrawal  with
  the  payroll officer of such employee's agency, or such deduction may be
  terminated on notice to the payroll officer of such employee's agency by
  the child care center.
    12. Notwithstanding any other inconsistent provision  of  law,  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  so  provides,  the  comptroller,  after receipt of written
  directions of the director  of  employee  relations,  is  authorized  to
  deduct from the salary of any employee covered by such an agreement such
  amount  as  such  employee may specify in writing filed with the payroll
  officer of such employee's agency for the payment of child care fees for
  services at child care centers designated by the  director  of  employee
  relations  and  transmit deductions so withheld to such designated child
  care center providing such services. Any such written authorization  may
  be  withdrawn  by the employee at any time upon filing written notice of
  such withdrawal with the payroll officer of such employee's  agency,  or
  such  deduction  may  be  terminated on notice to the payroll officer of
  such employee's agency by the child care center.
    13. The comptroller is hereby authorized to deduct from the salary  of
  any  state  employee such amount as such employee may specify in writing
  to be filed with the payroll officer of the employee's  agency  for  the
  purpose  of  making  payments  on  outstanding  Perkins  loans (formerly
  national direct student loans) owed to the state university of New  York
  or  the  city  university  of  New  York  and  to transmit deductions so
  withheld to the appropriate collecting agent of the state university  of
  New  York  or  the  city  university  of  New  York.  Any  such  written
  authorization may be withdrawn by such employee at any time upon  filing
  written  notice of such withdrawal with the comptroller. The comptroller
  is  hereby  authorized  to  make  such  rules  and regulations as may be
  necessary to provide for deductions for this purpose.
    13. The comptroller is authorized to deduct from  the  salary  of  any
  employee  of the state in the legislative branch and any employee in the
  executive or judicial branch whose position is designated managerial  or
  confidential  pursuant to article fourteen of the civil service law, any
  employee covered by section nineteen of the correction law, employees in
  the professional service in the state university which  are  designated,
  stipulated   or   excluded  from  negotiating  units  as  managerial  or
  confidential as defined  pursuant  to  article  fourteen  of  the  civil
  service  law,  employees  covered by paragraph (a) of subdivision one of
  section two hundred fifteen of the executive law or in the  division  of
  military  and naval affairs of the executive department or excluded from
  representation rights under article fourteen of the  civil  service  law
  pursuant  to  rules  or  regulations  of the public employment relations
  board or any employee represented by an employee organization who elects
  pursuant to an agreement entered into between the state and the employee
  organization  to  participate  in  such  state   authorized   individual
  retirement  plan  such  amount  as  such employee may specify in writing
  filed in a manner determined by the comptroller for contribution  to  an
  authorized  individual retirement plan as determined pursuant to section
  two hundred eight of this article and to transmit deductions so withheld
  to the financial organization which operates such authorized  individual
  retirement  plan. Any such written authorization may be withdrawn by the
  employee at any time upon filing written notice of such withdrawal in  a
  manner determined by the comptroller or such deduction may be terminated
  on notice to the comptroller by the financial organization in accordance
  with the terms of such plan.
    14. Notwithstanding any other law, rule or regulation to the contrary,
  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  provides,  the comptroller, after receiving written
  direction from the director of  employee  relations,  is  authorized  to
  deduct  from  the  salary  of  any employee such amount as such employee
  covered by such agreement may specify  in  writing  filed  in  a  manner
  determined  by  the  comptroller  for contribution to a political action
  committee designated by such employee  organization  and  transmit  such
  deduction  so  withheld  to  the  political  action committee or to such
  employee organization, as appropriate. Any  such  written  authorization
  may  be withdrawn by the employee at any time upon filing written notice
  of such withdrawal in a manner determined by  the  comptroller  or  such
  deduction  may  be  terminated  on  notice  to  the  comptroller by such
  employee organization.
    15. The comptroller is hereby authorized to deduct from the salary  of
  any  employee  of  the  division  of  state  police  such amount as such
  employee may specify in writing, to be filed with the payroll office  of
  the  division  of  state  police, for the purpose of contributing to the
  Trooper  Foundation  -  State  of  New  York,  Inc.  Any  such   written
  authorization  may  be  withdrawn by an employee at any time upon filing
  written notice of  such  withdrawal  with  the  payroll  office  of  the
  division  of  state police. The comptroller is hereby authorized to make
  such rules and regulations as may be necessary to provide for deductions
  for this purpose.