N.Y. State Finance Law § 207-b: Employee benefit fund; division of state police

§ 207-b. Employee benefit fund; division of state police. 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 in the service of the state of New

York in the division of state police who is appointed to and serving on

a full-time annual salaried basis in a position in the collective

negotiating units consisting of troopers; commissioned and

non-commissioned officers; and investigators, senior investigators and

investigative specialists established pursuant to article fourteen of

the civil service law.

2. a. Where, and to the extent that, the agreement between the state

and an employee organization entered into pursuant to article fourteen

of the civil service law so provides on behalf of the employees in the

collective negotiating unit consisting of commissioned and

non-commissioned officers in the division of state police, established

pursuant to article fourteen of the civil service law, and upon audit

and warrant of the state comptroller, the director shall provide for the

payment of monies 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 provisions of such agreement providing for such employee

benefit fund. Such amounts are to be determined consistent with said

agreement, including any and all monies agreed to be transferred in said

agreement, and on the basis of the number of full-time annual salaried

employees, other than full-time seasonal employees, on the payroll on

March first, two thousand twenty-three for payments to be made on April

first, two thousand twenty-three, the number of full-time annual

salaried employees, other than full-time seasonal employees, on the

payroll on March first, two thousand twenty-four for payments to be made

on April first, two thousand twenty-four, and the number of full-time

annual salaried employees, other than full-time seasonal employees, on

the payroll on March first, two thousand twenty-five for payments to be

made on April first, two thousand twenty-five. The amounts, 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 state comptroller will establish

procedures to ensure repayment from said special or administrative

funds. The director shall enter into an agreement with the employee

organization that sets forth the specific terms and conditions for the

transmittal of monies pursuant to this section. Payments made pursuant

to this paragraph and paragraph a-1 of this subdivision shall be made to

the same fund as set forth in the agreement between the director and the

employee organization that represents the employees covered by the

provisions of this paragraph and paragraph a-1 of this subdivision.

a-1. Where, and to the extent that, the 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 consisting of troopers in the division of

state police, established pursuant to article fourteen of the civil

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

director shall provide for the payment of monies 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 provisions of such

agreement providing for such employee benefit fund. Such amounts are to

be determined consistent with said agreement, including any and all

monies agreed to be transferred in said agreement, and on the basis of

the number of full-time annual salaried employees, other than full-time

seasonal employees, on the payroll on March first, two thousand

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

twenty-three, the number of full-time annual salaried employees, other

than full-time seasonal employees, on the payroll on March first, two

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

thousand twenty-four, and the number of full-time annual salaried

employees, other than full-time seasonal employees, on the payroll on

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

first, two thousand twenty-five. The amounts, 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 state comptroller will establish

procedures to ensure repayment from said special or administrative

funds. The director shall enter into an agreement with the employee

organization that sets forth the specific terms and conditions for the

transmittal of monies pursuant to this section. Payments made pursuant

to this paragraph and paragraph a of this subdivision shall be made to

the same fund as set forth in the agreement between the director and the

employee organization that represents the employees covered by the

provisions of this paragraph and paragraph a of this subdivision.

* b. Pursuant to the terms of an agreement negotiated between the

executive branch of the state of New York and the employee organization

representing the collective negotiating unit consisting of

investigators, senior investigators, and investigative specialists in

the division of state police, and upon audit and warrant of the state

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

such employee organization for the establishment and maintenance of an

employee benefit fund established by the employee organization for the

employees in the collective negotiating unit covered by the controlling

provisions of such agreement providing for such employee benefit fund,

such amount to be determined consistent with said agreement, including

any and all monies agreed to be transferred in said agreement, and on

the basis of the number of full-time annual salaried employees, other

than full-time seasonal employees, on the payroll on March first, two

thousand eleven, for payments to be made on April first, two thousand

eleven, and on the payroll on March first, two thousand twelve, for

payments to be made on April first, two thousand twelve and on the

payroll on March first, two thousand thirteen, for payments to be made

on April first, two thousand thirteen and on the payroll on March first,

two thousand fourteen, for payments to be made on April first, two

thousand fourteen and on the payroll on March first, two thousand

fifteen, for payments to be made on April first, two thousand fifteen

and on the payroll on March first, two thousand sixteen for payments to

be made on April first, two thousand sixteen and on the payroll on March

first, two thousand seventeen for payments to be made on April first,

two thousand seventeen. 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 state comptroller shall establish procedures to ensure

repayment from said special or administrative funds. The director shall

enter into an agreement with an employee organization, which sets forth

the specific terms and conditions for the transmittal of monies pursuant

to this section.

* NB Effective until certain conditions are met as set forth in

chapter 182 of 2025 § 26

* b. Pursuant to the terms of an agreement negotiated between the

executive branch of the state of New York and the employee organization

representing the collective negotiating unit consisting of

investigators, senior investigators, and investigative specialists in

the division of state police, and upon audit and warrant of the state

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

such employee organization for the establishment and maintenance of an

employee benefit fund established by the employee organization for the

employees in the collective negotiating unit covered by the controlling

provisions of such agreement providing for such employee benefit fund,

such amount to be determined consistent with said agreement, including

any and all monies agreed to be transferred in said agreement, and on

the basis of the number of full-time annual salaried employees, other

than full-time seasonal employees, on the payroll for the payroll period

that includes March first, two thousand twenty-three, for payments to be

made on April first, two thousand twenty-three, and on the payroll for

the payroll period that includes March first, two thousand twenty-four,

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

the payroll for the payroll period that includes March first, two

thousand twenty-five, 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 state comptroller shall establish procedures to ensure

repayment from said special or administrative funds. The director shall

enter into an agreement with an employee organization, which sets forth

the specific terms and conditions for the transmittal of monies pursuant

to this section.

* NB Effective upon certain conditions being met as set forth in

chapter 182 of 2025 § 26

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 the 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 act, general or special, the provisions of this

section shall be controlling.