2006 New York Code - Employee Benefit Fund; Division Of Military And Naval Affairs.

 
    §  207-c.  Employee  benefit  fund;  division  of  military  and naval
  affairs. 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 designated as the division of  military  and
  naval affairs 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 moneys 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  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 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
  (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  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 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  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.