2006 New York Code - Employee Benefit Fund; Division Of State Police.

 
    §   207-b.  Employee  benefit  fund;  division  of  state  police.  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 in the division of state police who is appointed to and serving  on
  a  full-time  annual  salaried  basis  in  a  position in the collective
  negotiating   units   consisting   of   troopers;    commissioned    and
  non-commissioned  officers;  and investigators, senior investigators and
  investigative specialists established pursuant to  article  fourteen  of
  the civil service law.
    2.  a. Where, and to the extent that, the agreements 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 consisting of troopers and commissioned and
  non-commissioned officers in the division of state  police,  established
  pursuant  to  article  fourteen of the civil service law, and upon audit
  and warrant of the state comptroller, the director shall provide for the
  payment of monies 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  provisions  of  such agreements providing for such employee
  benefit fund. Such amounts are to be  determined  consistent  with  said
  agreements  on  the  basis  of  the  number of full-time annual salaried
  employees, other than full-time seasonal employees, on  the  payroll  on
  March  first, two thousand three for payments to be made on April first,
  two thousand three, the number of full-time annual  salaried  employees,
  other  than full-time seasonal employees, on the payroll on March first,
  two thousand four for payments to be made on April first,  two  thousand
  four,  the  number  of  full-time  annual salaried employees, other than
  full-time seasonal  employees,  on  the  payroll  on  March  first,  two
  thousand  five for payments to be made on April first, two thousand five
  and the number  of  full-time  annual  salaried  employees,  other  than
  full-time  seasonal  employees,  on  the  payroll  on  March  first, two
  thousand six for payments to be made on April first, two  thousand  six.
  The  amounts,  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 state
  comptroller will establish procedures  to  ensure  repayment  from  said
  special  or  administrative  funds.  The  director  shall  enter into an
  agreement with the employee organization that sets  forth  the  specific
  terms  and  conditions  for  the  transmittal of monies pursuant to this
  section.
    b. Pursuant to the terms  of  an  interest  arbitration  award  issued
  pursuant  to  subdivision  four of section two hundred nine of the civil
  service law binding the executive branch of the state of  New  York  and
  the  employee  organization representing the collective negotiating unit
  consisting of investigators,  senior  investigators,  and  investigative
  specialists  in the division of state police, and upon audit and warrant
  of the state comptroller, the director shall provide for the payment  of
  monies   to   such  employee  organization  for  the  establishment  and
  maintenance of an employee benefit  fund  established  by  the  employee
  organization  for  the  employees  in  the  collective  negotiating unit
  covered by the controlling provisions of such interest arbitration award
  providing for such employee benefit fund, such amount to  be  determined
  consistent  with  said  interest  arbitration  award on the basis of the
  number of full-time annual  salaried  employees,  other  than  full-time
  seasonal  employees,  on the payroll on March first, two thousand three,
  for payments to be made on April first, two thousand three, and  on  the
  payroll  on  March  first, two thousand four, for payments to be made on
  April first, two thousand four. 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  state  comptroller  shall  establish
  procedures  to  ensure  repayment  from  said  special or administrative
  funds. The director shall enter  into  an  agreement  with  an  employee
  organization  which sets forth the specific terms and conditions 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 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 the  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 act, general or special, the provisions of  this
  section shall be controlling.