2006 New York Code - Employee Benefit Fund; Negotiating Unit Created By Chapter Four Hundred Three Of The Laws Of Nineteen Hundred Eighty-three.

 
    §  206-a.  Employee  benefit fund; negotiating unit created by chapter
  four hundred three of the laws  of  nineteen  hundred  eighty-three.  1.
  Definitions. As used in this section, unless otherwise expressly stated:
    a. "Director" shall mean the director of employee relations.
    b. "Employee" shall mean any person in the service of the state of New
  York  who is appointed to and serving in a position contained within the
  collective negotiating unit created by chapter four hundred three of the
  laws of nineteen hundred eighty-three established by article fourteen of
  the civil service law who is otherwise  eligible  for  health  insurance
  coverage pursuant to law and the rules and regulations of the department
  of civil service, except that it shall not mean seasonal employees whose
  employment  is  expected  to  last  less  than  six months, employees in
  temporary positions of less  than  six  months  duration,  or  employees
  holding appointments otherwise expected to last less than six months.
    c. "Retiree" shall mean any person who was an employee of the state of
  New  York  on  or after April first, nineteen hundred eighty-four in the
  negotiating unit created by chapter four hundred three of  the  laws  of
  nineteen  hundred  eighty-three  and who immediately upon termination of
  employment with the state is eligible to receive  a  service  retirement
  benefit  from  either the New York state employees' retirement system or
  the New York city employees' retirement system.
    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 so provides on behalf of employees and upon  audit
  and  warrant  of  the  comptroller,  the  director shall provide for the
  payment of monies  quarterly  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, such  amount  to
  be   determined  consistent  with  the  procedure  established  in  said
  agreement, on the basis of the number of employees as defined herein  on
  the  payroll  during  the  payroll  period the last day of which ends no
  later than twenty-one calendar days before the beginning of the  quarter
  next  following  such  day as determined by the comptroller. The amount,
  which will be determined pursuant to this section, for employees who are
  paid from special  or  administrative  funds,  will  be  paid  from  the
  appropriations  as  provided  by law, in which case the comptroller will
  establish procedures to  ensure  repayment  from  general  state  charge
  appropriations  or  from  said  special  or  administrative  funds.  The
  director may 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 monies 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 may direct, the amount 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 monies transmitted  to  it
  pursuant to this section.
    5.  Neither  the  state  nor  any  officer  or  employee  of the state
  (including "employee" as defined herein and any other  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 monies 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 of such
  agreements or contracts. The employee organization shall be a  fiduciary
  with  respect  to  an employee benefit fund established pursuant to this
  section.
    6. Nothing herein 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 monies 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 act, general or special, the provisions of this
  section shall be controlling.