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

 
    §  209. Employee benefit fund; professional 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  unit  designated  as  the professional services
  negotiating unit  in  the  state  university  of  New  York  established
  pursuant  to  article  fourteen of the civil service law who is eligible
  for full or partial per capita contributions to an employee benefit fund
  pursuant to the terms of an agreement between the state and an  employee
  organization representing employees in such negotiating unit.
    2.  Where,  on  the  effective date of this section, 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  professional services negotiating unit in the state
  university of New York 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  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 provisions
  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 and  the  state
  university  of  New  York  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 fund or funds of the  state,  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 monies
  pursuant to this section.
    3. Such employee organization shall periodically as specified  by  the
  director  of  employee  relations,  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 of employee relations.
    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 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.