N.Y. State Finance Law § 209: Employee benefit fund; professional services

§ 209. Employee benefit fund; professional 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 in the service of the state of New

York who is appointed to and serving in a position contained within the

collective negotiating unit designated as the professional services

negotiating unit in the state university of New York established

pursuant to article fourteen of the civil service law who is eligible

for full or partial per capita contributions to an employee benefit fund

pursuant to the terms of an agreement between the state and an employee

organization representing employees in such negotiating unit.

2. Where, on the effective date of this section, 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 so

provides on behalf of employees in the collective negotiating unit

designated as the professional services negotiating unit in the state

university of New York 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 monies quarterly 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 amount

to be determined consistent with the procedure established in said

agreement but, on the basis of the number of employees as defined herein

on the payroll during the payroll period the last day of which ends no

later than twenty-one calendar days before the beginning of the quarter

next following such day as determined by the comptroller and the state

university of New York unless there is an agreement entered into

pursuant to such article fourteen between the state and such employee

organization for the determination during a different payroll period of

the number of employees in positions which are on an appointment cycle

which does not place them on payroll at the time that such number of

employees would otherwise be determined. The amount, which will be

determined pursuant to this section, for employees who are paid from

special or administrative fund or funds of the state, 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 monies

pursuant to this section.

3. Such employee organization shall periodically as specified by the

director of employee relations, 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 of employee relations.

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 monies 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

monies 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 an 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 monies 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.