2006 New York Code - Employee Benefit Fund; Security Services.

 
    §  207-a. Employee benefit fund; security 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  serving  on  a  full-time  annual
  salaried  basis in the service of the state of New York who is appointed
  to and  serving  in  a  position  in  the  collective  negotiating  unit
  designated  as  the  security  services unit or the security supervisors
  unit established pursuant to article fourteen of the civil service law.
    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 in  the  collective
  negotiating  unit  designated  as the security services unit established
  pursuant to article fourteen of the civil service law,  and  upon  audit
  and  warrant  of  the  comptroller,  the  director shall provide for the
  payment of moneys 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  providing for such employee
  benefit  fund,  such  amount  to  be  determined  consistent  with  said
  agreement  on  the  basis  of  the  number  of full-time annual salaried
  employees, as determined by the comptroller, on the payroll on the  last
  day  of  the  payroll  period  in  which  March  first, nineteen hundred
  ninety-nine falls for payments to  be  made  on  April  first,  nineteen
  hundred  ninety-nine,  on  the  last  day of the payroll period in which
  March first, two thousand falls for payments to be made on April  first,
  two  thousand,  on  the  last  day  of the payroll period in which March
  first, two thousand one falls for payments to be made  on  April  first,
  two  thousand  one  and  on  the last day of the payroll period in which
  March first, two thousand two falls for payments to  be  made  on  April
  first,  two  thousand two. The amount, which will be determined pursuant
  to  this  section,  for  employees  who  are  paid   from   special   or
  administrative  funds,  other  than  the  general  fund  or  the capital
  projects fund of the state, will be  paid  from  the  appropriations  as
  provided by law, in which case the comptroller will establish procedures
  to  ensure  repayment  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 moneys pursuant to this section.
    2-a. 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 security supervisors unit
  established pursuant to article fourteen of the civil service  law,  and
  upon  audit  and  warrant of the comptroller, the director shall provide
  for the  payment  of  moneys  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  providing  for
  such employee benefit fund, such amount to be determined consistent with
  said  agreement  on the basis of the number of full-time annual salaried
  employees, as determined by the comptroller, on the payroll on the  last
  day  of  the  payroll  period  in  which  March  first, nineteen hundred
  ninety-nine falls for payments to  be  made  on  April  first,  nineteen
  hundred ninety-nine on the last day of the payroll period in which March
  first,  two  thousand  falls for payments to be made on April first, two
  thousand, on the last day of the payroll period in  which  March  first,
  two  thousand  one  falls  for  payments  to be made on April first, two
  thousand one and on the last day of the payroll period  in  which  March
  first,  two  thousand  two falls for payments to be made on April first,
  two thousand two. The amount, which will be determined pursuant to  this
  section,  for  employees  who  are  paid  from special or administrative
  funds, other than the general fund or the capital projects fund  of  the
  state, will be paid from the appropriations as provided by law, in which
  case  the comptroller will establish procedures to ensure repayment 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 of  the  establishment  and  administration  of  an
  employee  benefit  fund  as  a  condition  for the transmittal of moneys
  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 moneys transmitted to
  it pursuant to this section.
    5. Neither the state nor any officer or 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
  moneys 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 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  moneys  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 law, general or special, the provisions of  this
  section shall be controlling.