2006 New York Code - Employee Benefit Fund; Professional, Scientific And Technical Services.

 
    §  207.  Employee benefit fund; professional, scientific and technical
  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 in the collective
  negotiating  unit  designated  as  the  professional,   scientific   and
  technical  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  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 and  on  the  basis  of  the
  number  of  employees  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 unless there is an agreement entered into pursuant  to  such
  article  fourteen  between  the state and such employee organization for
  the determination during a different payroll period  of  the  number  of
  employees  in positions which are on an appointment cycle which does not
  place them on payroll at the time that such number  of  employees  would
  otherwise  be  determined. 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 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.