N.Y. Civil Service Law § 168: Assessment of certain costs

§ 168. Assessment of certain costs. 1. If the salary or compensation

of any officers and employees of the state is paid from a special or

administrative fund or funds, other than the state purposes fund or the

local assistance fund of the general fund of the state or the capital

construction fund or an income fund of the state university or the

mental hygiene services fund, such fund or funds shall be charged, and

there shall be paid therefrom as provided in this section the employer's

share of the premium for the coverage of such officers and employees

under the health benefit plan. If the amounts appropriated or allocable

from such special or administrative fund or funds are insufficient for

such purpose, the director of the budget is hereby authorized to

allocate such additional sums from such fund or funds as may be

necessary therefor; provided, however, that no transfer shall be made

between two or more of such funds. Such amounts shall be paid, at such

times as shall be required by the president, to the commissioner of

taxation and finance and shall be credited to the health insurance fund

to pay, or reimburse the health insurance fund for the payment of, the

employer's share of the premium for coverage of such officers and

employees under the health benefit plan.

2. If the salary or compensation of any officers and employees of the

state is payable from a special or administrative fund or funds, other

than the state purposes fund or the local assistance fund of the general

fund of the state or the capital construction fund or an income fund of

the state university or the mental hygiene services fund, a

proportionate share of the expenses of administration of the health

benefit plan, on account of coverage of such officers and employees,

shall be payable from such fund or funds. If the amounts appropriated or

allocable from such special or administrative fund or funds are

insufficient for such purpose, the director of the budget is hereby

authorized to allocate such additional sums from such funds or funds as

may be necessary therefor; provided, however, that no transfer shall be

made between two or more of such funds. The proportionate share of the

expenses of administration of the health benefit plan chargeable

pursuant to this subdivision to any special or administrative fund shall

be determined by the president and shall be payable at such times as may

be fixed by him or her. Such sums shall be payable to the commissioner

of taxation and finance and shall be applied to the reimbursement of

funds previously advanced for the expenses of administration of the

health benefit plan.

3. (a) If the salary or compensation of any justices, judges, officers

and employees of the supreme court, surrogate's court, county court,

family court, civil court of the city of New York, criminal court of the

city of New York and district court in any county, officers and

employees of the office of probation for the courts of New York city is

not paid in whole or in part from the treasury of the state, but is paid

directly from the treasury of a civil division, such civil division

shall be required to pay the employer's share of the premium charges for

the coverage of such justices, judges, officers and employees under the

state health benefit plan. The appropriate fiscal officer of such civil

division shall deduct from the salary or wages paid to such justices,

judges, officers and employees the sums required to be paid by them

under such plan. Such deductions and the corresponding employer's share

of premium charges shall be paid, at such times as required by the

president, to the commissioner of taxation and finance and shall be

credited to the health insurance fund.

(b) If the salary or compensation of any retired justices, judges,

officers and employees of the supreme court, surrogate's court, county

court, family court, civil court of the city of New York, criminal court

of the city of New York and district court in any county, officers and

employees of the office of probation for the courts of New York city

prior to retirement was not paid in whole or in part from the treasury

of the state but was paid directly from the treasury of a civil

division, such civil division shall be required to pay the employer's

share of the premium charges for the coverage of such retired justices,

judges, officers and employees under the state health benefit plan. If

such retired justices, judges, officers and employees are receiving

retirement allowances from a pension or retirement plan or system

administered by such civil division, the amounts required to be paid by

such retired justices, judges, officers and employees as their share of

premium charges shall be deducted from their retirement allowances. Such

deductions and the employer's share of premium charges shall be paid, at

such times as required by the president, to the commissioner of taxation

and finance and shall be credited to the health insurance fund.

(c) Any civil division required by this subdivision to pay the

employer's share of the premium charges for the coverage of active or

retired justices, judges, officers and employees of the supreme court,

surrogate's court, county court, family court, civil court of the city

of New York, criminal court of the city of New York and district court

in any county, officers and employees of the office of probation for the

courts of New York city shall also be assessed and required to pay a

proportionate share of the expenses of administration of the health

benefit plan in such amounts and at such times as determined by the

president. Such sums shall be payable to the commissioner of taxation

and finance and shall be applied to the reimbursement of funds

previously advanced for the expenses of administration of the health

benefit plan.