N.Y. State Finance Law § 207-a: Employee benefit fund; security services

§ 207-a. Employee benefit fund; security services. 1. Definitions. As

used in this section, unless otherwise expressly stated:

a. "Director" shall mean the director of employee relations.

b. "Employee" shall mean any person serving on a full-time annual

salaried basis in the service of the state of New York who is appointed

to and serving in a position in the collective negotiating unit

designated as the security services unit or the security supervisors

unit established pursuant to article fourteen of the civil service law.

2. 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 or an interest arbitration award issued pursuant to

subdivision four of section two hundred nine of the civil service law

between the state and an employee organization so provides on behalf of

employees in the collective negotiating unit designated as the security

services unit established pursuant to article fourteen of the civil

service law, and upon audit and warrant of the comptroller, the director

shall provide for the payment of moneys to such employee organization

for the establishment and maintenance of an employee benefit fund

established by the employee organization for the employees in the

negotiating unit covered by the controlling provision of such agreement

or award providing for such employee benefit fund, such amount to be

determined consistent with said agreement or award as determined in

accordance with the contractual methodology for the following state

fiscal years: fiscal year two thousand twenty-three--two thousand

twenty-four, fiscal year two thousand twenty-four--two thousand

twenty-five and fiscal year two thousand twenty-five--two thousand

twenty-six. The amount, which will be determined pursuant to this

section, for employees who are paid from special or administrative

funds, other than the general fund or the capital projects fund of the

state, will be paid from the appropriations as provided by law, in which

case the comptroller will establish procedures to ensure repayment from

said special or administrative funds. The director may enter into an

agreement with an employee organization which sets forth the specific

terms and conditions for the establishment and administration of an

employee benefit fund as a condition for the transmittal of moneys

pursuant to this section.

2-a. 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 or an interest arbitration award issued pursuant

to subdivision four of section two hundred nine of the civil service law

so provides on behalf of employees in the collective negotiating unit

designated as the security supervisors unit established pursuant to

article fourteen of the civil service law, and upon audit and warrant of

the comptroller, the director shall provide for the payment of moneys to

such employee organization for the establishment and maintenance of an

employee benefit fund established by the employee organization for the

employees in the negotiating unit covered by the controlling provision

of such agreement providing for such employee benefit fund, such amount

to be determined consistent with said agreement on the basis of the

number of full-time annual salaried employees, as determined by the

comptroller, on the payroll on the last day of the payroll period in

which March first, two thousand twenty-three falls for payments to be

made on April first, two thousand twenty-three and, on the last day of

the payroll period in which March first, two thousand twenty-four falls

for payments to be made on April first, two thousand twenty-four and, on

the last day of the payroll period in which March first, two thousand

twenty-five falls for payments to be made on April first, two thousand

twenty-five. The amount, which will be determined pursuant to this

section, for employees who are paid from special or administrative

funds, other than the general fund or the capital projects fund of the

state, will be paid from the appropriations as provided by law, in which

case the comptroller will establish procedures to ensure repayment from

said special or administrative funds. The director may enter into an

agreement with an employee organization which sets forth the specific

terms and conditions of the establishment and administration of an

employee benefit fund as a condition for the transmittal of moneys

pursuant to this section. Such agreement shall provide that any

contributions paid to the employee organization for the establishment

and maintenance of the employee benefit fund pursuant to this section on

behalf of eligible members of this unit shall be offset by contributions

already made on behalf of those members in each of the covered years,

where applicable.

3. Such employee organization shall periodically as specified by the

director, supply a description of the benefits purchased or provided by

the employee benefit fund, the utilization experience of the benefit

fund, the amount disbursed for or the cost of such benefits and such

other information as may be requested by the director.

4. The employee organization shall report to the comptroller, in the

form and manner as he may direct, the amount it expended for the

purchase of or providing for such benefits for any period specified by

the comptroller. The comptroller is hereby authorized to audit the books

of the employee organization with respect to any moneys transmitted to

it pursuant to this section.

5. Neither the state nor any officer or employee of the state shall be

a party to any contract or agreement entered into by any employee

organization providing for benefits purchased in whole or in part with

moneys transmitted to such employee organization pursuant to this

section. No benefit provided pursuant to such contracts or agreements

shall be payable by the state and all such benefits shall be paid by the

responsible parties to such agreements or contracts pursuant to the

terms and conditions of such agreements or contracts. The employee

organization shall be a fiduciary with respect to employee benefit fund

established pursuant to this section.

6. Nothing herein shall be deemed to diminish, impair or reduce any

benefit otherwise payable to any employee established or authorized by

law, rule or regulation by reason of such employee's lack of eligibility

to participate in any benefit program established by an employee

organization pursuant to this section.

7. In the event it is determined that the moneys transmitted to an

employee organization pursuant to this section is income for which

payroll deductions are required for income tax withholdings from the

salary or wages of employees pursuant to law, the comptroller shall

determine the amount of such withholdings required and deduct the amount

so required to be withheld from the salary or wages of the employees

concerned.

8. The employee organization shall indemnify the state for any claims

whatsoever paid by it arising from the establishment, administration or

discontinuation of any employee benefit provided pursuant to this

section, together with reasonable costs of litigation arising therefrom.

9. Insofar as the provisions of this section are inconsistent with the

provisions of any other law, general or special, the provisions of this

section shall be controlling.