State Codes and Statutes

Statutes > New-york > Stf > Article-14 > 207-b

§   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 agreements between the state  and an employee organization entered into pursuant to  article  fourteen  of  the  civil  service  law  so  provide  on behalf of employees in the  collective negotiating units consisting of troopers and 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 units covered  by  the  controlling  provisions  of  such agreements providing for such employee  benefit fund. Such amounts are to be  determined  consistent  with  said  agreements  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 seven for payments to be made on April first,  two thousand seven, the number of full-time annual  salaried  employees,  other  than full-time seasonal employees, on the payroll on March first,  two thousand eight for payments to be made on April first, two  thousand  eight,  the  number  of  full-time annual salaried employees, other than  full-time seasonal  employees,  on  the  payroll  on  March  first,  two  thousand  nine for payments to be made on April first, two thousand nine  and the number  of  full-time  annual  salaried  employees,  other  than  full-time  seasonal  employees,  on  the  payroll  on  March  first, two  thousand ten for payments to be made on April first, two  thousand  ten.  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.    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 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 seven, for payments to be made on  April  first,  two  thousand  seven,  and  on  the  payroll  on  March  first, two thousand eight, forpayments to be made on April  first,  two  thousand  eight  and  on  the  payroll  on  March  first, two thousand nine, for payments to be made on  April first, two thousand nine and on the payroll on  March  first,  two  thousand  ten, for payments to be made on April first, two thousand ten.  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.    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.

State Codes and Statutes

Statutes > New-york > Stf > Article-14 > 207-b

§   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 agreements between the state  and an employee organization entered into pursuant to  article  fourteen  of  the  civil  service  law  so  provide  on behalf of employees in the  collective negotiating units consisting of troopers and 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 units covered  by  the  controlling  provisions  of  such agreements providing for such employee  benefit fund. Such amounts are to be  determined  consistent  with  said  agreements  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 seven for payments to be made on April first,  two thousand seven, the number of full-time annual  salaried  employees,  other  than full-time seasonal employees, on the payroll on March first,  two thousand eight for payments to be made on April first, two  thousand  eight,  the  number  of  full-time annual salaried employees, other than  full-time seasonal  employees,  on  the  payroll  on  March  first,  two  thousand  nine for payments to be made on April first, two thousand nine  and the number  of  full-time  annual  salaried  employees,  other  than  full-time  seasonal  employees,  on  the  payroll  on  March  first, two  thousand ten for payments to be made on April first, two  thousand  ten.  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.    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 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 seven, for payments to be made on  April  first,  two  thousand  seven,  and  on  the  payroll  on  March  first, two thousand eight, forpayments to be made on April  first,  two  thousand  eight  and  on  the  payroll  on  March  first, two thousand nine, for payments to be made on  April first, two thousand nine and on the payroll on  March  first,  two  thousand  ten, for payments to be made on April first, two thousand ten.  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.    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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Stf > Article-14 > 207-b

§   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 agreements between the state  and an employee organization entered into pursuant to  article  fourteen  of  the  civil  service  law  so  provide  on behalf of employees in the  collective negotiating units consisting of troopers and 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 units covered  by  the  controlling  provisions  of  such agreements providing for such employee  benefit fund. Such amounts are to be  determined  consistent  with  said  agreements  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 seven for payments to be made on April first,  two thousand seven, the number of full-time annual  salaried  employees,  other  than full-time seasonal employees, on the payroll on March first,  two thousand eight for payments to be made on April first, two  thousand  eight,  the  number  of  full-time annual salaried employees, other than  full-time seasonal  employees,  on  the  payroll  on  March  first,  two  thousand  nine for payments to be made on April first, two thousand nine  and the number  of  full-time  annual  salaried  employees,  other  than  full-time  seasonal  employees,  on  the  payroll  on  March  first, two  thousand ten for payments to be made on April first, two  thousand  ten.  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.    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 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 seven, for payments to be made on  April  first,  two  thousand  seven,  and  on  the  payroll  on  March  first, two thousand eight, forpayments to be made on April  first,  two  thousand  eight  and  on  the  payroll  on  March  first, two thousand nine, for payments to be made on  April first, two thousand nine and on the payroll on  March  first,  two  thousand  ten, for payments to be made on April first, two thousand ten.  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.    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.