N.Y. State Finance Law § 205: Payment of relocation allowance to certain members of the state police upon transfer within state service

§ 205. Payment of relocation allowance to certain members of the state

police upon transfer within state service. 1. A member of the New York

state police eligible for reimbursement for moving and travel expenses

pursuant to the provisions of section two hundred two of this article

and the regulations promulgated by the director of the budget pursuant

to the provisions of such section shall be granted a relocation

allowance in lieu of reimbursement of expenses incidental to moving not

reimbursable under section two hundred two of this article.

2. Such allowance shall equal three per cent of the basic annual

compensation of such member in the position to which he is promoted,

transferred or reassigned, exclusive of any differential paid, provided,

however, that in no case shall such allowance exceed five hundred

dollars if such position is below the rank of lieutenant or eight

hundred dollars if such position is the rank of lieutenant or above.

3. No payment shall be made to a member otherwise eligible to receive

a relocation allowance 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 geographic area if he would have been eligible for a

relocation allowance upon such promotion to such position held by him

immediately prior to the transfer, reassignment or promotion for which a

relocation allowance was paid. Monies owing to the state pursuant to

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

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

by appropriate legal proceedings.

4. Nothing in this section shall affect or impair the eligibility of

any member for reimbursement of travel and moving expenses in accordance

with the provisions of section two hundred two of this article.

5. Relocation allowances paid pursuant to this section shall be

payable from monies appropriated and available to the division of state

police. Relocation allowances of members whose salaries are paid from a

fund other than the general fund shall be a proper charge against such

other fund. Such allowance shall not be deemed to constitute salary for

any of the purposes of the civil service law.