State Codes and Statutes

Statutes > New-york > Stf > Article-14 > 200

§  200.  Payment  of  salaries. 1. The salaries of all officers of the  state, and the wages of all employees thereof  shall  be  due  from  and  payable  by  the state bi-weekly, commencing with the fiscal year of the  state beginning April first, nineteen hundred fifty-six.    Nothing contained in this section  shall  prevent  the  staggering  of  payments  of  salaries  and  wages  on  different  days of the bi-weekly  periods for  administrative  convenience.  This  section  shall  not  be  construed  to  apply to the members of the faculties, supervising staffs  and other  employees  of  the  New  York  state  colleges,  schools  and  experiment  stations  administered  by  Cornell  university  and  Alfred  university.    2. Notwithstanding the provisions of subdivision one of this  section,  where the state and an employee organization representing state officers  and  employees  who are in positions which are in collective negotiating  units established pursuant to article fourteen of the civil service  law  enter  into  an agreement providing for an alternative procedure for the  payment of salaries to such employees or where the director of  employee  relations  shall  authorize  an alternative procedure for the payment of  salaries to state officers or employees in the executive branch who  are  in  positions  which  are  not  in  collective  negotiating  units, such  alternative procedure shall be implemented  in  lieu  of  the  procedure  specified in subdivision one of this section.    2-a (a). Notwithstanding the provisions of any other law:    (1).  For  the  payrolls covering officers and employees of the state,  except as provided in subparagraph (2) of  this  pargagraph:  commencing  with  the institutional payroll period commencing December 27, 1990, and  the administrative payroll period commencing on January 3, 1991, payment  on the payment date of the five payroll  periods  commencing  with  such  dates  shall  be for nine-tenths of that amount paid each payroll period  until a total of five-tenths of salary for one payroll period that would  be paid but for this subdivision has been withheld. Thereafter, starting  with the sixth payroll period after December 27,  1990,  or  January  3,  1991,  as  appropriate, payment shall be in the same manner as in effect  prior to December 27, 1990, or January 3, 1991.    (2) The provisions of subparagraph (1) of this paragraph  shall  apply  to  officers  and  employees  of  the  state subject to paragraph (1) of  subdivision b of section five  of  chapter  353  of  the  laws  of  1982  commencing  with  the  payroll  period  (and corresponding payment date)  immediately following the completion of the procedure for the payment of  salaries and wages established  by  the  comptroller  pursuant  to  such  paragraph of chapter 353 of the laws of 1982.    (3)  Where  salary  has been withheld pursuant to this subdivision, in  lieu of such salary, an officer or employee  who  retires  or  otherwise  separates  from  service,  or  the  beneficiary of an employee who dies,  shall be entitled to a lump sum payment equal to the salary so  withheld  at  the  rate  of  basic  annual  salary in effect at the time of death,  retirement, or other separation  from  service  for  each  day  or  part  thereof  for  which salary was withheld pursuant to this section, but in  no case shall such lump sum payment be less than the  amount  of  salary  originally withheld.    (b)  (1) "Officers and employees of the state" shall mean (i) officers  and employees of the executive branch (including  the  state  university  and  the  senior  colleges  of  the  city  university of New York); (ii)  officers and employees of the statutory  or  contract  colleges  of  the  state  (but  in  the  case  of a statutory or contract college for which  state payment  is  made  by  reimbursement  instead  of  direct  payroll  payment,  such  reimbursement  shall  be  reduced  and  paid in a manner  consistent with the provisions of paragraph (a)  of  this  subdivision);(iii)  nonjudicial officers and employees of the unified court system if  the chief administrator of the courts so elects; (iv) employees  of  the  senate if the temporary president of the senate so elects; (v) employees  of the assembly if the speaker of the assembly so elects; (vi) employees  of  joint legislative employers if the temporary president of the senate  and the speaker of the assembly mutually so elect  for  all  such  joint  legislative  employers.  Any election made, pursuant to (iii), (iv), (v)  or (vi) shall be in writing and filed with  the  state  comptroller  not  later  than  seven  days  from the date of enactment of this act; in the  case of an entity described in (iii) through (vi) for which an  election  is not made, other equivalent demonstrable savings shall be effected for  the fiscal year ending March 31, 1991.    (2)  "Employees  of  the  senate,  assembly  or  a  joint  legislative  employer" shall be as defined in section  7-d  of  the  legislative  law  (including  sections  7-a and 7-b of such law) or by any other provision  of law which  classifies  employees  of  an  entity  to  be  legislative  employees  for  all  purposes;  such  term shall not include senators or  members of the assembly.    (3) "Joint legislative employer" shall mean  legislative  commissions,  committees,  task forces, councils or similar bodies whose membership is  comprised of both senators and assembly members, or  which  consists  of  commissioners,  or  the majority of whose membership is appointed by one  or more of the following: the temporary president  of  the  senate,  the  speaker  of  the assembly, the minority leader of the senate, and/or the  minority leader of the assembly. The temporary president of  the  senate  and  speaker  of the assembly shall be the joint legislative employer of  the employees of the legislature referred to in sections 7-a and 7-b  of  the legislative law.    (c)  For officers and employees hired after the effective date of this  act, the withholding of five days of salary shall be accomplished in the  same manner provided in paragraph (a) of this section provided, however,  such withholding shall be taken on the first five payment dates in which  such new employees would otherwise have received their salary.    2-b. (a) For nonjudicial officers and employees of the  unified  court  system:  commencing  with the earliest administratively feasible payroll  period (and corresponding payment date)  subsequent  to  the  date  this  subdivision  becomes  a  law,  payment  on  the payment date of the five  payroll periods commencing thereon shall  be  for  nine-tenths  of  that  amount  paid  each payroll period until a total of five-tenths of salary  for one payroll period that would be paid but  for  this  provision  has  been  withheld.  For  nonjudicial officers and employees hired after the  date this subdivision becomes a law, the withholding  of  five  days  of  salary  shall  be  accomplished  in  the  same  manner  described above,  provided, however, such withholding shall be  made  on  the  first  five  payment  dates  in  which such new officers or employees would otherwise  have received their salary.    (b) Where salary has been withheld pursuant to  this  subdivision,  in  lieu  of  such  salary,  an officer or employee who retires or otherwise  separates from service, or the beneficiary  of  an  employee  who  dies,  shall  be entitled to a lump sum payment equal to the salary so withheld  at the rate of basic annual salary in  effect  at  the  time  of  death,  retirement,  or  other  separation  from  service  for  each day or part  thereof for which salary was withheld pursuant to this section,  but  in  no  case  shall  such lump sum payment be less than the amount of salary  originally withheld.    3. (a) In any case where a state employee  has,  as  a  result  of  an  administrative error by the state, received salary or other compensation  payments  in  excess  of that to which he or she was entitled, the statewill not attempt to recover such  overpayment,  except  in  those  cases  described  in  paragraph  (b)  of  this subdivision. Notwithstanding the  foregoing, the state will, where such overpayment is  still  continuing,  immediately  reduce  such  employee's  current salary so that the salary  paid to such employee prospectively is the salary which the employee  is  entitled to receive.    (b)  Nothing  contained  in  paragraph  (a)  of this subdivision shall  prevent  the  state  from  recovering,  by  offset  or  otherwise,   any  overpayment  made  (i)  for  a  period  when  the  employee  was neither  performing services for the state nor on approved leave  or  (ii)  under  circumstances  where  the  comptroller  reasonably  determines  that the  employee knew, or that a reasonable employee should have known, that the  salary paid to him or her was in excess of that  which  he  or  she  was  entitled to receive.    4. (a) Upon the written request from a state employee, the comptroller  may  cause,  in  accordance  with  the rules and regulations promulgated  pursuant to paragraph (b)  of  this  subdivision,  such  employee's  net  salary,  or  any  portion  thereof  designated  by  the  employee, to be  deposited directly in a bank for any purpose to an account in  the  name  of  such  employee, on forms provided by the comptroller, and duly filed  in accordance with such regulations.    (b) The comptroller is  hereby  authorized  to  promulgate  reasonable  rules  and  regulations,  as  may be necessary, to administer the direct  deposit of employees' salaries. In regard to the deposit of a portion of  an employee's net salary,  such  regulations  may  establish  a  minimum  dollar  amount  and  may  limit  the  maximum number of partial deposits  allowed.    (c) As used in this subdivision, the term  "bank"  shall  include  any  financial  institution  which  is  a  member  of  the New York automated  clearing house or any other  financial  institution  designated  by  the  comptroller.

State Codes and Statutes

Statutes > New-york > Stf > Article-14 > 200

§  200.  Payment  of  salaries. 1. The salaries of all officers of the  state, and the wages of all employees thereof  shall  be  due  from  and  payable  by  the state bi-weekly, commencing with the fiscal year of the  state beginning April first, nineteen hundred fifty-six.    Nothing contained in this section  shall  prevent  the  staggering  of  payments  of  salaries  and  wages  on  different  days of the bi-weekly  periods for  administrative  convenience.  This  section  shall  not  be  construed  to  apply to the members of the faculties, supervising staffs  and other  employees  of  the  New  York  state  colleges,  schools  and  experiment  stations  administered  by  Cornell  university  and  Alfred  university.    2. Notwithstanding the provisions of subdivision one of this  section,  where the state and an employee organization representing state officers  and  employees  who are in positions which are in collective negotiating  units established pursuant to article fourteen of the civil service  law  enter  into  an agreement providing for an alternative procedure for the  payment of salaries to such employees or where the director of  employee  relations  shall  authorize  an alternative procedure for the payment of  salaries to state officers or employees in the executive branch who  are  in  positions  which  are  not  in  collective  negotiating  units, such  alternative procedure shall be implemented  in  lieu  of  the  procedure  specified in subdivision one of this section.    2-a (a). Notwithstanding the provisions of any other law:    (1).  For  the  payrolls covering officers and employees of the state,  except as provided in subparagraph (2) of  this  pargagraph:  commencing  with  the institutional payroll period commencing December 27, 1990, and  the administrative payroll period commencing on January 3, 1991, payment  on the payment date of the five payroll  periods  commencing  with  such  dates  shall  be for nine-tenths of that amount paid each payroll period  until a total of five-tenths of salary for one payroll period that would  be paid but for this subdivision has been withheld. Thereafter, starting  with the sixth payroll period after December 27,  1990,  or  January  3,  1991,  as  appropriate, payment shall be in the same manner as in effect  prior to December 27, 1990, or January 3, 1991.    (2) The provisions of subparagraph (1) of this paragraph  shall  apply  to  officers  and  employees  of  the  state subject to paragraph (1) of  subdivision b of section five  of  chapter  353  of  the  laws  of  1982  commencing  with  the  payroll  period  (and corresponding payment date)  immediately following the completion of the procedure for the payment of  salaries and wages established  by  the  comptroller  pursuant  to  such  paragraph of chapter 353 of the laws of 1982.    (3)  Where  salary  has been withheld pursuant to this subdivision, in  lieu of such salary, an officer or employee  who  retires  or  otherwise  separates  from  service,  or  the  beneficiary of an employee who dies,  shall be entitled to a lump sum payment equal to the salary so  withheld  at  the  rate  of  basic  annual  salary in effect at the time of death,  retirement, or other separation  from  service  for  each  day  or  part  thereof  for  which salary was withheld pursuant to this section, but in  no case shall such lump sum payment be less than the  amount  of  salary  originally withheld.    (b)  (1) "Officers and employees of the state" shall mean (i) officers  and employees of the executive branch (including  the  state  university  and  the  senior  colleges  of  the  city  university of New York); (ii)  officers and employees of the statutory  or  contract  colleges  of  the  state  (but  in  the  case  of a statutory or contract college for which  state payment  is  made  by  reimbursement  instead  of  direct  payroll  payment,  such  reimbursement  shall  be  reduced  and  paid in a manner  consistent with the provisions of paragraph (a)  of  this  subdivision);(iii)  nonjudicial officers and employees of the unified court system if  the chief administrator of the courts so elects; (iv) employees  of  the  senate if the temporary president of the senate so elects; (v) employees  of the assembly if the speaker of the assembly so elects; (vi) employees  of  joint legislative employers if the temporary president of the senate  and the speaker of the assembly mutually so elect  for  all  such  joint  legislative  employers.  Any election made, pursuant to (iii), (iv), (v)  or (vi) shall be in writing and filed with  the  state  comptroller  not  later  than  seven  days  from the date of enactment of this act; in the  case of an entity described in (iii) through (vi) for which an  election  is not made, other equivalent demonstrable savings shall be effected for  the fiscal year ending March 31, 1991.    (2)  "Employees  of  the  senate,  assembly  or  a  joint  legislative  employer" shall be as defined in section  7-d  of  the  legislative  law  (including  sections  7-a and 7-b of such law) or by any other provision  of law which  classifies  employees  of  an  entity  to  be  legislative  employees  for  all  purposes;  such  term shall not include senators or  members of the assembly.    (3) "Joint legislative employer" shall mean  legislative  commissions,  committees,  task forces, councils or similar bodies whose membership is  comprised of both senators and assembly members, or  which  consists  of  commissioners,  or  the majority of whose membership is appointed by one  or more of the following: the temporary president  of  the  senate,  the  speaker  of  the assembly, the minority leader of the senate, and/or the  minority leader of the assembly. The temporary president of  the  senate  and  speaker  of the assembly shall be the joint legislative employer of  the employees of the legislature referred to in sections 7-a and 7-b  of  the legislative law.    (c)  For officers and employees hired after the effective date of this  act, the withholding of five days of salary shall be accomplished in the  same manner provided in paragraph (a) of this section provided, however,  such withholding shall be taken on the first five payment dates in which  such new employees would otherwise have received their salary.    2-b. (a) For nonjudicial officers and employees of the  unified  court  system:  commencing  with the earliest administratively feasible payroll  period (and corresponding payment date)  subsequent  to  the  date  this  subdivision  becomes  a  law,  payment  on  the payment date of the five  payroll periods commencing thereon shall  be  for  nine-tenths  of  that  amount  paid  each payroll period until a total of five-tenths of salary  for one payroll period that would be paid but  for  this  provision  has  been  withheld.  For  nonjudicial officers and employees hired after the  date this subdivision becomes a law, the withholding  of  five  days  of  salary  shall  be  accomplished  in  the  same  manner  described above,  provided, however, such withholding shall be  made  on  the  first  five  payment  dates  in  which such new officers or employees would otherwise  have received their salary.    (b) Where salary has been withheld pursuant to  this  subdivision,  in  lieu  of  such  salary,  an officer or employee who retires or otherwise  separates from service, or the beneficiary  of  an  employee  who  dies,  shall  be entitled to a lump sum payment equal to the salary so withheld  at the rate of basic annual salary in  effect  at  the  time  of  death,  retirement,  or  other  separation  from  service  for  each day or part  thereof for which salary was withheld pursuant to this section,  but  in  no  case  shall  such lump sum payment be less than the amount of salary  originally withheld.    3. (a) In any case where a state employee  has,  as  a  result  of  an  administrative error by the state, received salary or other compensation  payments  in  excess  of that to which he or she was entitled, the statewill not attempt to recover such  overpayment,  except  in  those  cases  described  in  paragraph  (b)  of  this subdivision. Notwithstanding the  foregoing, the state will, where such overpayment is  still  continuing,  immediately  reduce  such  employee's  current salary so that the salary  paid to such employee prospectively is the salary which the employee  is  entitled to receive.    (b)  Nothing  contained  in  paragraph  (a)  of this subdivision shall  prevent  the  state  from  recovering,  by  offset  or  otherwise,   any  overpayment  made  (i)  for  a  period  when  the  employee  was neither  performing services for the state nor on approved leave  or  (ii)  under  circumstances  where  the  comptroller  reasonably  determines  that the  employee knew, or that a reasonable employee should have known, that the  salary paid to him or her was in excess of that  which  he  or  she  was  entitled to receive.    4. (a) Upon the written request from a state employee, the comptroller  may  cause,  in  accordance  with  the rules and regulations promulgated  pursuant to paragraph (b)  of  this  subdivision,  such  employee's  net  salary,  or  any  portion  thereof  designated  by  the  employee, to be  deposited directly in a bank for any purpose to an account in  the  name  of  such  employee, on forms provided by the comptroller, and duly filed  in accordance with such regulations.    (b) The comptroller is  hereby  authorized  to  promulgate  reasonable  rules  and  regulations,  as  may be necessary, to administer the direct  deposit of employees' salaries. In regard to the deposit of a portion of  an employee's net salary,  such  regulations  may  establish  a  minimum  dollar  amount  and  may  limit  the  maximum number of partial deposits  allowed.    (c) As used in this subdivision, the term  "bank"  shall  include  any  financial  institution  which  is  a  member  of  the New York automated  clearing house or any other  financial  institution  designated  by  the  comptroller.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Stf > Article-14 > 200

§  200.  Payment  of  salaries. 1. The salaries of all officers of the  state, and the wages of all employees thereof  shall  be  due  from  and  payable  by  the state bi-weekly, commencing with the fiscal year of the  state beginning April first, nineteen hundred fifty-six.    Nothing contained in this section  shall  prevent  the  staggering  of  payments  of  salaries  and  wages  on  different  days of the bi-weekly  periods for  administrative  convenience.  This  section  shall  not  be  construed  to  apply to the members of the faculties, supervising staffs  and other  employees  of  the  New  York  state  colleges,  schools  and  experiment  stations  administered  by  Cornell  university  and  Alfred  university.    2. Notwithstanding the provisions of subdivision one of this  section,  where the state and an employee organization representing state officers  and  employees  who are in positions which are in collective negotiating  units established pursuant to article fourteen of the civil service  law  enter  into  an agreement providing for an alternative procedure for the  payment of salaries to such employees or where the director of  employee  relations  shall  authorize  an alternative procedure for the payment of  salaries to state officers or employees in the executive branch who  are  in  positions  which  are  not  in  collective  negotiating  units, such  alternative procedure shall be implemented  in  lieu  of  the  procedure  specified in subdivision one of this section.    2-a (a). Notwithstanding the provisions of any other law:    (1).  For  the  payrolls covering officers and employees of the state,  except as provided in subparagraph (2) of  this  pargagraph:  commencing  with  the institutional payroll period commencing December 27, 1990, and  the administrative payroll period commencing on January 3, 1991, payment  on the payment date of the five payroll  periods  commencing  with  such  dates  shall  be for nine-tenths of that amount paid each payroll period  until a total of five-tenths of salary for one payroll period that would  be paid but for this subdivision has been withheld. Thereafter, starting  with the sixth payroll period after December 27,  1990,  or  January  3,  1991,  as  appropriate, payment shall be in the same manner as in effect  prior to December 27, 1990, or January 3, 1991.    (2) The provisions of subparagraph (1) of this paragraph  shall  apply  to  officers  and  employees  of  the  state subject to paragraph (1) of  subdivision b of section five  of  chapter  353  of  the  laws  of  1982  commencing  with  the  payroll  period  (and corresponding payment date)  immediately following the completion of the procedure for the payment of  salaries and wages established  by  the  comptroller  pursuant  to  such  paragraph of chapter 353 of the laws of 1982.    (3)  Where  salary  has been withheld pursuant to this subdivision, in  lieu of such salary, an officer or employee  who  retires  or  otherwise  separates  from  service,  or  the  beneficiary of an employee who dies,  shall be entitled to a lump sum payment equal to the salary so  withheld  at  the  rate  of  basic  annual  salary in effect at the time of death,  retirement, or other separation  from  service  for  each  day  or  part  thereof  for  which salary was withheld pursuant to this section, but in  no case shall such lump sum payment be less than the  amount  of  salary  originally withheld.    (b)  (1) "Officers and employees of the state" shall mean (i) officers  and employees of the executive branch (including  the  state  university  and  the  senior  colleges  of  the  city  university of New York); (ii)  officers and employees of the statutory  or  contract  colleges  of  the  state  (but  in  the  case  of a statutory or contract college for which  state payment  is  made  by  reimbursement  instead  of  direct  payroll  payment,  such  reimbursement  shall  be  reduced  and  paid in a manner  consistent with the provisions of paragraph (a)  of  this  subdivision);(iii)  nonjudicial officers and employees of the unified court system if  the chief administrator of the courts so elects; (iv) employees  of  the  senate if the temporary president of the senate so elects; (v) employees  of the assembly if the speaker of the assembly so elects; (vi) employees  of  joint legislative employers if the temporary president of the senate  and the speaker of the assembly mutually so elect  for  all  such  joint  legislative  employers.  Any election made, pursuant to (iii), (iv), (v)  or (vi) shall be in writing and filed with  the  state  comptroller  not  later  than  seven  days  from the date of enactment of this act; in the  case of an entity described in (iii) through (vi) for which an  election  is not made, other equivalent demonstrable savings shall be effected for  the fiscal year ending March 31, 1991.    (2)  "Employees  of  the  senate,  assembly  or  a  joint  legislative  employer" shall be as defined in section  7-d  of  the  legislative  law  (including  sections  7-a and 7-b of such law) or by any other provision  of law which  classifies  employees  of  an  entity  to  be  legislative  employees  for  all  purposes;  such  term shall not include senators or  members of the assembly.    (3) "Joint legislative employer" shall mean  legislative  commissions,  committees,  task forces, councils or similar bodies whose membership is  comprised of both senators and assembly members, or  which  consists  of  commissioners,  or  the majority of whose membership is appointed by one  or more of the following: the temporary president  of  the  senate,  the  speaker  of  the assembly, the minority leader of the senate, and/or the  minority leader of the assembly. The temporary president of  the  senate  and  speaker  of the assembly shall be the joint legislative employer of  the employees of the legislature referred to in sections 7-a and 7-b  of  the legislative law.    (c)  For officers and employees hired after the effective date of this  act, the withholding of five days of salary shall be accomplished in the  same manner provided in paragraph (a) of this section provided, however,  such withholding shall be taken on the first five payment dates in which  such new employees would otherwise have received their salary.    2-b. (a) For nonjudicial officers and employees of the  unified  court  system:  commencing  with the earliest administratively feasible payroll  period (and corresponding payment date)  subsequent  to  the  date  this  subdivision  becomes  a  law,  payment  on  the payment date of the five  payroll periods commencing thereon shall  be  for  nine-tenths  of  that  amount  paid  each payroll period until a total of five-tenths of salary  for one payroll period that would be paid but  for  this  provision  has  been  withheld.  For  nonjudicial officers and employees hired after the  date this subdivision becomes a law, the withholding  of  five  days  of  salary  shall  be  accomplished  in  the  same  manner  described above,  provided, however, such withholding shall be  made  on  the  first  five  payment  dates  in  which such new officers or employees would otherwise  have received their salary.    (b) Where salary has been withheld pursuant to  this  subdivision,  in  lieu  of  such  salary,  an officer or employee who retires or otherwise  separates from service, or the beneficiary  of  an  employee  who  dies,  shall  be entitled to a lump sum payment equal to the salary so withheld  at the rate of basic annual salary in  effect  at  the  time  of  death,  retirement,  or  other  separation  from  service  for  each day or part  thereof for which salary was withheld pursuant to this section,  but  in  no  case  shall  such lump sum payment be less than the amount of salary  originally withheld.    3. (a) In any case where a state employee  has,  as  a  result  of  an  administrative error by the state, received salary or other compensation  payments  in  excess  of that to which he or she was entitled, the statewill not attempt to recover such  overpayment,  except  in  those  cases  described  in  paragraph  (b)  of  this subdivision. Notwithstanding the  foregoing, the state will, where such overpayment is  still  continuing,  immediately  reduce  such  employee's  current salary so that the salary  paid to such employee prospectively is the salary which the employee  is  entitled to receive.    (b)  Nothing  contained  in  paragraph  (a)  of this subdivision shall  prevent  the  state  from  recovering,  by  offset  or  otherwise,   any  overpayment  made  (i)  for  a  period  when  the  employee  was neither  performing services for the state nor on approved leave  or  (ii)  under  circumstances  where  the  comptroller  reasonably  determines  that the  employee knew, or that a reasonable employee should have known, that the  salary paid to him or her was in excess of that  which  he  or  she  was  entitled to receive.    4. (a) Upon the written request from a state employee, the comptroller  may  cause,  in  accordance  with  the rules and regulations promulgated  pursuant to paragraph (b)  of  this  subdivision,  such  employee's  net  salary,  or  any  portion  thereof  designated  by  the  employee, to be  deposited directly in a bank for any purpose to an account in  the  name  of  such  employee, on forms provided by the comptroller, and duly filed  in accordance with such regulations.    (b) The comptroller is  hereby  authorized  to  promulgate  reasonable  rules  and  regulations,  as  may be necessary, to administer the direct  deposit of employees' salaries. In regard to the deposit of a portion of  an employee's net salary,  such  regulations  may  establish  a  minimum  dollar  amount  and  may  limit  the  maximum number of partial deposits  allowed.    (c) As used in this subdivision, the term  "bank"  shall  include  any  financial  institution  which  is  a  member  of  the New York automated  clearing house or any other  financial  institution  designated  by  the  comptroller.