2006 New York Code - Employee Benefit Fund; Administrative Services, Operational Services, Or Institutional Services.

 
    §  206.  Employee  benefit  fund; administrative services, operational
  services, or institutional services. 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 units designated as the  administrative  services
  unit,  the  operational services unit or the institutional services unit
  established pursuant to 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.
    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 units covered by the
  controlling provision of such  agreement  providing  for  such  employee
  benefit fund, such amount to be determined consistent with the procedure
  established  in  said  agreement  but,  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 first instance funds,  or  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   first  instance  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  it  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 pursuant
  to  the  terms  and  conditions  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.