N.Y. State Finance Law § 202: Reimbursement for travel and moving expenses upon transfer, reassignment or promotion

§ 202. Reimbursement for travel and moving expenses upon transfer,

reassignment or promotion. 1. Subject to the regulations hereinafter

mentioned, when a geographical change in the location of the principal

place of employment of a state officer or employee occurs as a result of

his transfer or reassignment made at the order or request of a

department or agency for the convenience of the state, and such change

reasonably requires a change in the place of his abode, such officer or

employee shall be eligible for reimbursement for travel and moving

expenses incurred in transporting himself, his family and his household

effects to his new place of abode. Such reimbursement shall not be

payable in the case of transfer or reassignment for disciplinary

reasons, or in the case of temporary transfers or reassignments,

including assignments made for training purposes.

2. Subject to the regulations hereinafter mentioned, when a

geographical change in the location of the principal place of employment

of a state officer or employee occurs as a result of his promotion on a

permanent basis to a technical, scientific, educational, professional or

administrative position, and such change reasonably requires a change in

the place of his abode, he shall be eligible for reimbursement for

travel and moving expenses incurred in transporting himself, his family

and household effects to his new place of abode.

3. No payment shall be made to an officer or employee otherwise

eligible to receive travel and moving expenses pursuant to this section

unless he shall agree in writing to return to the state monies received

for such expenses in the event that he resigns or voluntarily separates

from the position to which he is transferred, reassigned or promoted

within one year after such transfer, reassignment or promotion. The

return of such funds to the state shall not be required when the

resignation or voluntary separation is the result of a promotion to a

higher grade state position in the same occupational field occurring

more than six months following the transfer, reassignment or promotion,

or by a promotion at any time in the same geographical area if he would

have been eligible for reimbursement of travel and moving expenses upon

such promotion to such position from the position held by him

immediately prior to the transfer, reassignment or promotion for which

reimbursement was paid. Monies owing to the state pursuant to this

subdivision may be deducted from any monies due or accruing to the

employee on resignation or separation or, if necessary, may be recovered

by appropriate legal proceedings.

4. Reimbursement of travel and moving expenses pursuant to this

section shall be payable from monies appropriated and available to

departments and agencies. Reimbursement of travel and moving expenses of

employees whose salaries are paid from a fund other than the general

fund shall be a proper charge against such other fund. Such

reimbursement shall not be deemed to constitute salary for any of the

purposes of the civil service law.

5. The director of the budget shall, with the approval of the director

of employee relations, prescribe and amend such regulations as may be

necessary to carry out the provisions of this section. Such regulations

may include, but need not be limited to, provisions (a) prescribing

standards, criteria, and procedures for determining eligibility for

reimbursement of travel and moving expenses in accordance with the

provisions of this section, and, if deemed advisable by the budget

director, enumerating positions or classes or groups of positions for

which he has determined that, upon transfer, reassignment or promotion,

travel and moving expenses shall or shall not be payable under this

section;

(b) fixing maximum dollar limitations on reimbursement for travel and

moving expenses pursuant to this section;

(c) excluding or limiting reimbursement for expenses for moving less

than a prescribed minimum distance, for moving household goods and

possessions in excess of a prescribed maximum weight, or for storage or

living expenses.