N.Y. State Finance Law § 201-b: Qualified transportation fringe benefit program for certain state officers and employees

§ 201-b. Qualified transportation fringe benefit program for certain

state officers and employees. 1. This section shall apply to employees

as set forth in subdivision one of section two hundred one-a of this

article.

2. The director of employee relations, in consultation with the

director of the budget and the president of the civil service

commission, is authorized to establish a qualified transportation fringe

benefit program consistent with section 132 of the internal revenue code

and regulations adopted pursuant thereto, and implement such program

subject to the approval of the director of the budget.

3. At the request of an employee as defined in subdivision one of this

section, the comptroller shall, by payroll deduction, reduce the amount

of compensation elected by the employee pursuant to program regulations

and section 132(f) of the internal revenue code for the purpose of

providing the employee with a qualified transportation fringe benefit as

authorized in subdivision two of this section, and shall transfer the

amount so reduced to the authorized program administrator.

4. The term "program administrator" shall mean that agent, as

determined by the director of employee relations, responsible for the

maintenance and management of the qualified transportation fringe

benefit program as authorized in subdivision two of this section.

5. Moneys deducted from the salaries of employees of participating

employers shall be held by the program administrator as agent for the

participating employer and shall be accounted for separately.

Notwithstanding any law to the contrary, such moneys may be paid out by

the program administrator without any appropriation by law. All payments

of moneys by the program administrator shall be made only in accordance

with the qualified transportation fringe benefit program upon audit of

the state comptroller.

6. To the extent permitted by section 132 of the internal revenue code

and regulations adopted pursuant thereto, any salary deducted from a

participating employee's annual compensation for the purpose of

providing such employee with a qualified transportation fringe benefit

shall be considered part of annual compensation for the purpose of

computing retirement benefits.

7. 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 on behalf of employees in a collective negotiating

unit established pursuant to article fourteen of the civil service law

provides for a qualified transportation fringe benefit provided by this

section, such qualified transportation fringe benefit shall be

established in accordance with such agreement.