2006 New York Code - Payment Of Relocation Allowance To Certain Members Of The State Police Upon Transfer Within State Service.



 
    § 205. Payment of relocation allowance to certain members of the state
  police  upon  transfer within state service. 1. A member of the New York
  state police eligible for reimbursement for moving and  travel  expenses
  pursuant  to  the  provisions of section two hundred two of this article
  and the regulations promulgated by the director of the  budget  pursuant
  to  the  provisions  of  such  section  shall  be  granted  a relocation
  allowance in lieu of reimbursement of expenses incidental to moving  not
  reimbursable under section two hundred two of this article.
    2.  Such  allowance  shall  equal  three  per cent of the basic annual
  compensation of such member in the position to  which  he  is  promoted,
  transferred or reassigned, exclusive of any differential paid, provided,
  however,  that  in  no  case  shall  such  allowance exceed five hundred
  dollars if such position is  below  the  rank  of  lieutenant  or  eight
  hundred dollars if such position is the rank of lieutenant or above.
    3.  No payment shall be made to a member otherwise eligible to receive
  a relocation allowance 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 transferred, reassigned or promoted within  one  year  after
  such  transfer,  reassignment or promotion.  The return of such funds to
  the state shall not  be  required  when  the  resignation  or  voluntary
  separation is the result of a promotion to a higher grade state position
  in  the same occupational field occurring more than six months following
  the transfer, reassignment or promotion, or by a promotion at  any  time
  in  the  same  geographic  area  if  he  would  have been eligible for a
  relocation allowance upon such promotion to such position  held  by  him
  immediately prior to the transfer, reassignment or promotion for which a
  relocation  allowance  was paid.   Monies owing to the state pursuant to
  this subdivision may be deducted from any monies due or accruing to  the
  member  on  resignation or separation or, if necessary, may be recovered
  by appropriate legal proceedings.
    4. Nothing in this section shall affect or impair the  eligibility  of
  any member for reimbursement of travel and moving expenses in accordance
  with the provisions of section two hundred two of this article.
    5.  Relocation  allowances  paid  pursuant  to  this  section shall be
  payable from monies appropriated and available to the division of  state
  police.  Relocation allowances of members whose salaries are paid from a
  fund  other  than the general fund shall be a proper charge against such
  other fund. Such allowance shall not be deemed to constitute salary  for
  any of the purposes of the civil service law.

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