N.Y. State Finance Law § 201: Deductions from salaries

§ 201. Deductions from salaries. 1. The comptroller of the state is

hereby authorized to deduct from the salary of any employee of the state

such amount as such employee may specify in writing filed with the

comptroller within the minimum and maximum amounts prescribed by the

comptroller for the purchase for such employee of United States bonds

and for contribution to federated community campaigns for health,

welfare and recreational purposes on behalf of such employee and to the

account of such employee with such federated community campaign. The

comptroller is hereby authorized to make such rules and regulations

governing the purchase of said bonds and contributions to federated

community campaigns as he deems necessary, such rules and regulations to

be incorporated in the employee's written authorization of payroll

deduction filed in a manner determined by the comptroller. Any such

written authorization may be withdrawn by such employee at any time upon

filing written notice of such withdrawal in a manner determined by the

comptroller. As used in this section, "federated community campaign"

means a charitable non-profit organization which solicits funds for

distribution among a substantial number of charitable non-profit

organizations, which has been approved as such by the commissioner of

general services. The commissioner of general services shall approve no

more than one federated community campaign within a county or group of

counties in which such campaign is operating. He shall not approve a

federated community campaign in any county or group of counties where,

in his opinion and judgment, the number of state employees to be

solicited by such campaign is too small to make deductions or

contributions by the comptroller practicable or feasible. The

commissioner of general services shall have power to make such

reasonable rules and regulations not inconsistent with the law, as may

be necessary for the exercise of his authority under this section.

2. The comptroller is hereby authorized to deduct from the salary of

any employee of the state such amount as such employee may specify in

writing filed in a manner determined by the comptroller for the payment

of membership dues in a duly organized association or organization of

civil service employees or faculty members of the state university and

to transmit the sums so deducted to the said association or

organization. Any such written authorization shall remain in effect in

accordance with subdivision one of section two hundred eight of the

civil service law. The foregoing notwithstanding, and subject to the

provisions of article fourteen of the civil service law, such deductions

and transmittals shall be terminated as to one or more such associations

or organizations in accordance with the written directions of the

director of employee relations, not more than thirty days after receipt

by the comptroller of such directions. The deductions and transmittals

which were the subject of such directions shall not thereafter be

resumed without the written approval of such director.

3. The comptroller is hereby authorized to deduct from the salary of

any employee of the state in the executive branch whose position is

designated managerial or confidential pursuant to article fourteen of

the civil service law, employees covered by section nineteen of the

correction law, employees in the professional service in the state

university which are designated, stipulated or excluded from negotiating

units as managerial or confidential as defined pursuant to article

fourteen of the civil service law, employees covered by paragraph (a) of

subdivision one of section two hundred fifteen of the executive law or

in the division of military and naval affairs of the executive

department or excluded from representation rights under article fourteen

of the civil service law pursuant to rules or regulations of the public

employment relations board, judges and justices of the unified court

system and nonjudicial employees thereof not in collective negotiating

units, such amount as such employee may specify in writing filed in a

manner determined by the comptroller for the payment of insurance

premiums for a group insurance plan, or a wholesale, franchise or

similar mass-marketed insurance policy or program and transmit

deductions so withheld to the insurance or other company, organization,

or agency issuing or administering said policy. Any such written

authorization may be withdrawn by the employee at any time upon filing

written notice of such withdrawal in a manner determined by the

comptroller, or such deduction may be terminated on notice to the

comptroller by the insurance or other company, organization or agency in

accordance with the terms of the policy.

4. The comptroller is hereby authorized to deduct from the salary of

any employee of the state such amount as such employee may specify in

writing to be filed with the payroll officer of the employee's agency

within the minimum and maximum amounts specified by the comptroller for

the repayment of defaulted higher education guaranteed student loans,

national defense or national direct student loans owed to higher

education services corporation or to the state by the employee or for

the payment of fees, fines, penalties and other obligations owed to the

state by the employee, including recurring parking permit fees, and for

payment to credit unions in payment for shares, repayment of loans and,

subject to regulations of the comptroller, other purposes within the

powers of a credit union except for payment for any form of insurance

policy other than life insurance ancillary to a loan and to transmit the

sums so deducted to such credit unions or to the state agency designated

by the employee. Any such written authorization may be withdrawn by such

employee at any time upon filing written notice of such withdrawal with

the payroll officer of the employee's agency and with the state agency

designated to receive the amounts deducted. The comptroller is hereby

authorized to make such rules and regulations as may be necessary to

provide for credit union and other deductions which may include but need

not be limited to requirements insuring that computations and other

appropriate clerical work shall be performed by the credit union or

state agency, limiting the frequency of changes in the amount of payroll

deductions, indemnifying the state and establishing minimum membership

standards so that payroll deductions are practicable and feasible. As

used in this subdivision, the term "credit union" shall mean an

organization defined by subdivision nine of section two of the banking

law or a credit union chartered by the United States and having its

principal office in the state of New York.

5. 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, the comptroller, after receipt of

written directions of the director of employee relations, is authorized

to deduct from the salary of any employee of the state such amount as

such employee may specify in writing filed in a manner determined by the

comptroller for the payment of insurance premiums for a group insurance

plan, or a wholesale, franchise or similar mass-marketed insurance

policy or program issued to or sponsored by an association of civil

service employees or an employee organization certified or recognized by

the state pursuant to said article, and transmit deductions so withheld

to the insurance company issuing said policy or policies, or to the

employee organization, in accordance with the provisions of such

agreement. Any such written authorization may be withdrawn by the

employee at any time upon filing written notice of such withdrawal in a

manner determined by the comptroller, or such deduction may be

terminated on notice to the comptroller by the insurance carrier, in

accordance with the terms of the policy.

6. Notwithstanding any other law to the contrary, where, and to the

extent that, an agreement between the state and an employee organization

pursuant to article fourteen of the civil service law authorizes

participation in an individual retirement account plan by employees

covered by such agreement, the comptroller, after receipt of written

directions from the director of employee relations where such agreement

covers employees in the executive branch or from the chief administrator

of the courts where such agreement covers employees in the judicial

branch, is authorized to deduct from the salary of any employee covered

by such an agreement an amount that the employee may specify in writing

filed in a manner determined by the comptroller for contribution to such

plan in accordance with the Economic Recovery Tax Act of 1981 (P.L.

97-34) and transmit deductions so withheld to the financial organization

issuing such plan in accordance with the provisions of such agreement.

For the purposes of this subdivision, subject to the rules and

regulations promulgated by the comptroller, the term "financial

organization" shall mean an organization authorized to do business in

the state of New York and which is an authorized fiduciary to act as a

trustee under an individual retirement account plan established pursuant

to the provisions of an act of congress entitled "Employee Retirement

Income Security Act of 1974" as such provisions may be amended from time

to time, and (i) is licensed or chartered by the state department of

financial services, (ii) is chartered by an agency of the federal

government, (iii) is subject to the jurisdiction and regulation of the

securities and exchange commission of the federal government, or (iv) is

any other entity otherwise authorized to act in this state as a trustee

of an individual retirement account plan established pursuant to the

provisions of an act of congress entitled "Employee Retirement Income

Security Act of 1974" as such provisions may be amended from time to

time; provided, however, that any contributions made pursuant to this

section shall be made to a financial organization whose offices are

located in this state. Any such written authorization may be withdrawn

by the employee at any time upon filing written notice of such

withdrawal in a manner determined by the comptroller or such deduction

may be terminated on notice to the comptroller by the financial

organization in accordance with the terms of such plan. Notwithstanding

this subdivision, an organization defined by subdivision nine of section

two of the banking law or a credit union chartered by the United States

and having its principal office in the state of New York and which is

otherwise entitled under this section to receive payments deducted from

the salary of a state employee shall have the right to, and continue to

have the right to, receive such payments for the purpose of individual

retirement account plans offered by such organizations.

7. Notwithstanding any other law to the contrary, 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 in the collective negotiating unit

designated as the professional services negotiating unit established

pursuant to article fourteen of the civil service law authorizes

participation in an annuity contract by employees covered by such

agreement, the comptroller, after receipt of written directions from the

director of employee relations, is authorized to deduct from the salary

of any employee covered by such an agreement an amount that the employee

may specify in writing filed in a manner determined by the comptroller

for contribution to such plan or plans in accordance with section four

hundred three (b) of the Internal Revenue Code (26 USC § 403(b)) and

transmit deductions so withheld to the financial organization or

organizations issuing such plan in accordance with the provisions of

such agreement. For the purposes of this subdivision, subject to the

rules and regulations promulgated by the comptroller, the term

"financial organization" shall mean an organization authorized to do

business in the state of New York and which (i) is licensed or chartered

by the state department of financial services, (ii) is chartered by an

agency of the federal government, or (iii) is subject to the

jurisdiction and regulation of the securities and exchange commission of

the federal government; provided, however, that any contribution made

pursuant to this section shall be made to a financial organization whose

offices are located in this state. Any such written authorization may be

withdrawn by the employee at any time upon filing written notice of such

withdrawal in a manner determined by the comptroller or such deduction

may be terminated on notice to the comptroller by the financial

organization in accordance with the terms of such plan.

8. Notwithstanding any other inconsistent provision of law, where and

to the extent that any 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 established pursuant to article fourteen of the civil service law,

the comptroller, after receipt of written directions of the director of

employee relations, is authorized to deduct from the salary of any such

employee, who (i) is enrolled in the state health insurance program or

(ii) is enrolled in a plan for drug prescription coverage or other

benefits sponsored by the employee benefit fund established pursuant to

section two hundred nine of this article, such amounts as specified by

the director of employee relations and to transmit deductions so

withheld to said employee benefit fund.

9. The comptroller is hereby authorized to deduct from the salary of

any employee of the state such amount as such employee may specify in

writing to be filed with the payroll officer of the employee's agency

within the minimum and maximum amounts specified by the comptroller for

contributions to campus-related foundations and to transmit the sums so

deducted to such campus-related foundations. Any such written

authorization may be withdrawn by such employee at any time upon filing

written notice of such withdrawal with the payroll officer of the

employee's agency. The comptroller is hereby authorized to make such

rules and regulations as may be necessary to provide for deductions for

campus-related foundations. As used in this subdivision, the term

"campus-related foundation" shall mean a non-profit corporation

organized and existing pursuant to the education law or the

not-for-profit corporation law for the benefit of a state-operated

campus of the state university of New York or for the benefit of a

community college operating under the program of the state university of

New York.

10. Notwithstanding any other inconsistent provision of law, where and

to the extent that any 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 units designated as the security services unit or the

security supervisors unit established pursuant to article fourteen of

the civil service law, the comptroller, after the receipt of written

directions of the director of employee relations, is authorized to

deduct from the salary of any such employee covered by such an agreement

an amount which the employee may specify in writing filed in a manner

determined by the comptroller and transmit deductions so withheld to a

bank participating in a loan or investment program in accordance with

the provisions of such agreement. Any such written authorization may be

withdrawn by the employee at any time upon filing written notice of such

withdrawal in a manner determined by the comptroller, or such deduction

may be terminated on notice to the comptroller by the bank, in

accordance with the terms of the loan. As used in this subdivision, the

term "bank" shall mean an organization defined by subdivision one or six

of section two of the banking law.

11. Notwithstanding any other inconsistent provision of law, the

comptroller, after receipt of written directions of the director of

employee relations, is authorized to deduct from the salary of any

employee of the state in the executive branch whose position is

designated managerial or confidential pursuant to article fourteen of

the civil service law, employees covered by section nineteen of the

correction law, employees in the professional service in the state

university which are designated, stipulated or excluded from negotiating

units as managerial or confidential as defined pursuant to article

fourteen of the civil service law, employees covered by paragraph (a) of

subdivision one of section two hundred fifteen of the executive law or

in the division of military and naval affairs of the executive

department or excluded from representation rights under article fourteen

of the civil service law pursuant to rules or regulations of the public

employment relations board, employees of the legislature, judges and

justices of the unified court system and nonjudicial employees thereof

not in collective negotiating units, such amount as such employee may

specify in writing filed with the payroll officer of such employee's

agency for the payment of child care fees for services at child care

centers designated by the director of employee relations and transmit

deductions so withheld to such designated child care center providing

such services. Any such written authorization may be withdrawn by the

employee at any time upon filing written notice of such withdrawal with

the payroll officer of such employee's agency, or such deduction may be

terminated on notice to the payroll officer of such employee's agency by

the child care center.

12. Notwithstanding any other inconsistent provision of law, 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, the comptroller, after receipt of written

directions of the director of employee relations, is authorized to

deduct from the salary of any employee covered by such an agreement such

amount as such employee may specify in writing filed with the payroll

officer of such employee's agency for the payment of child care fees for

services at child care centers designated by the director of employee

relations and transmit deductions so withheld to such designated child

care center providing such services. Any such written authorization may

be withdrawn by the employee at any time upon filing written notice of

such withdrawal with the payroll officer of such employee's agency, or

such deduction may be terminated on notice to the payroll officer of

such employee's agency by the child care center.

* 13. The comptroller is hereby authorized to deduct from the salary

of any state employee such amount as such employee may specify in

writing to be filed with the payroll officer of the employee's agency

for the purpose of making payments on outstanding Perkins loans

(formerly national direct student loans) owed to the state university of

New York or the city university of New York and to transmit deductions

so withheld to the appropriate collecting agent of the state university

of New York or the city university of New York. Any such written

authorization may be withdrawn by such employee at any time upon filing

written notice of such withdrawal with the comptroller. The comptroller

is hereby authorized to make such rules and regulations as may be

necessary to provide for deductions for this purpose.

* NB There are 2 sb 13's

* 13. The comptroller is authorized to deduct from the salary of any

employee of the state in the legislative branch and any employee in the

executive or judicial branch whose position is designated managerial or

confidential pursuant to article fourteen of the civil service law, any

employee covered by section nineteen of the correction law, employees in

the professional service in the state university which are designated,

stipulated or excluded from negotiating units as managerial or

confidential as defined pursuant to article fourteen of the civil

service law, employees covered by paragraph (a) of subdivision one of

section two hundred fifteen of the executive law or in the division of

military and naval affairs of the executive department or excluded from

representation rights under article fourteen of the civil service law

pursuant to rules or regulations of the public employment relations

board or any employee represented by an employee organization who elects

pursuant to an agreement entered into between the state and the employee

organization to participate in such state authorized individual

retirement plan such amount as such employee may specify in writing

filed in a manner determined by the comptroller for contribution to an

authorized individual retirement plan as determined pursuant to section

two hundred eight of this article and to transmit deductions so withheld

to the financial organization which operates such authorized individual

retirement plan. Any such written authorization may be withdrawn by the

employee at any time upon filing written notice of such withdrawal in a

manner determined by the comptroller or such deduction may be terminated

on notice to the comptroller by the financial organization in accordance

with the terms of such plan.

* NB There are 2 sb 13's

14. Notwithstanding any other law, rule or regulation to the contrary,

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 provides, the comptroller, after receiving written

direction from the director of employee relations, is authorized to

deduct from the salary of any employee such amount as such employee

covered by such agreement may specify in writing filed in a manner

determined by the comptroller for contribution to a political action

committee designated by such employee organization and transmit such

deduction so withheld to the political action committee or to such

employee organization, as appropriate. Any such written authorization

may be withdrawn by the employee at any time upon filing written notice

of such withdrawal in a manner determined by the comptroller or such

deduction may be terminated on notice to the comptroller by such

employee organization.

15. The comptroller is hereby authorized to deduct from the salary of

any employee of the division of state police such amount as such

employee may specify in writing, to be filed with the payroll office of

the division of state police, for the purpose of contributing to the

Trooper Foundation - State of New York, Inc., and/or NYS Troopers PBA

Signal 30 Fund Inc., and/or New York State Police Investigators

Association Emergency Assistance Fund, Inc. Any such written

authorization may be withdrawn by an employee at any time upon filing

written notice of such withdrawal with the payroll office of the

division of state police. The comptroller is hereby authorized to make

such rules and regulations as may be necessary to provide for deductions

for this purpose.

16. The comptroller is hereby authorized to deduct from the salary of

any state employee such amount as such employee may specify in writing

to be filed with the payroll officer of the employee's agency for the

purpose of making payments on outstanding education loans made pursuant

to part V of article fourteen of the education law and to transmit

deductions so withheld to the appropriate collecting agent designated by

the higher education services corporation for receipt thereof. Any such

written authorization may be withdrawn by such employee at any time upon

filing written notice of such withdrawal with the comptroller. The

comptroller is hereby authorized to make such rules and regulations as

may be necessary to provide for deductions for this purpose.

17. Notwithstanding any other provision of law to the contrary, where,

and to the extent that an agreement entered into pursuant to article

fourteen of the civil service law between the state and the employee

organization representing the collective negotiating unit consisting of

troopers in the division of state police and the collective negotiating

unit consisting of commissioned and non-commissioned officers in the

division of state police so provides, the comptroller, after receipt of

written directions from the director of employee relations, is

authorized to deduct, for the purposes of making restitution for damage

or loss of equipment, from the salary of any employee covered by such an

agreement such amount as determined by the employer to cover the

restitution for such damaged or lost equipment.