N.Y. State Finance Law § 207-d: Employee benefit fund; agency police services unit

§ 207-d. Employee benefit fund; agency police services unit. 1. 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 agency police services unit and is a police officer

pursuant to subdivision thirty-four of section 1.20 of the criminal

procedure 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 agency

police 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 on the basis of

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

comptroller, on the payroll on March first, two thousand twenty-three

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

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

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

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 comptroller will 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 establishment

and administration of an employee benefit fund as a condition for the

transmittal of moneys pursuant to this section.

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 or she 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 in this section 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.