§ 168 — Assessment of certain costs

§ 168. Assessment of certain costs. 1. If the salary or compensation\nof any officers and employees of the state is paid from a special or\nadministrative fund or funds, other than the state purposes fund or the\nlocal assistance fund of the general fund of the state or the capital\nconstruction fund or an income fund of the state university or the\nmental hygiene services fund, such fund or funds shall be charged, and\nthere shall be paid therefrom as provided in this section the employer's\nshare of the premium for the coverage of such officers and employees\nunder the health benefit plan. If the amounts appropriated or allocable\nfrom such special or administrative fund or funds are insufficient for\nsuch purpose, the director of the budget is hereby authorized to\nallocate such additional sums from such fund or funds as may be\nnecessary therefor; provided, however, that no transfer shall be made\nbetween two or more of such funds. Such amounts shall be paid, at such\ntimes as shall be required by the president, to the commissioner of\ntaxation and finance and shall be credited to the health insurance fund\nto pay, or reimburse the health insurance fund for the payment of, the\nemployer's share of the premium for coverage of such officers and\nemployees under the health benefit plan.\n 2. If the salary or compensation of any officers and employees of the\nstate is payable from a special or administrative fund or funds, other\nthan the state purposes fund or the local assistance fund of the general\nfund of the state or the capital construction fund or an income fund of\nthe state university or the mental hygiene services fund, a\nproportionate share of the expenses of administration of the health\nbenefit plan, on account of coverage of such officers and employees,\nshall be payable from such fund or funds. If the amounts appropriated or\nallocable from such special or administrative fund or funds are\ninsufficient for such purpose, the director of the budget is hereby\nauthorized to allocate such additional sums from such funds or funds as\nmay be necessary therefor; provided, however, that no transfer shall be\nmade between two or more of such funds. The proportionate share of the\nexpenses of administration of the health benefit plan chargeable\npursuant to this subdivision to any special or administrative fund shall\nbe determined by the president and shall be payable at such times as may\nbe fixed by him or her. Such sums shall be payable to the commissioner\nof taxation and finance and shall be applied to the reimbursement of\nfunds previously advanced for the expenses of administration of the\nhealth benefit plan.\n 3. (a) If the salary or compensation of any justices, judges, officers\nand employees of the supreme court, surrogate's court, county court,\nfamily court, civil court of the city of New York, criminal court of the\ncity of New York and district court in any county, officers and\nemployees of the office of probation for the courts of New York city is\nnot paid in whole or in part from the treasury of the state, but is paid\ndirectly from the treasury of a civil division, such civil division\nshall be required to pay the employer's share of the premium charges for\nthe coverage of such justices, judges, officers and employees under the\nstate health benefit plan. The appropriate fiscal officer of such civil\ndivision shall deduct from the salary or wages paid to such justices,\njudges, officers and employees the sums required to be paid by them\nunder such plan. Such deductions and the corresponding employer's share\nof premium charges shall be paid, at such times as required by the\npresident, to the commissioner of taxation and finance and shall be\ncredited to the health insurance fund.\n (b) If the salary or compensation of any retired justices, judges,\nofficers and employees of the supreme court, surrogate's court, county\ncourt, family court, civil court of the city of New York, criminal court\nof the city of New York and district court in any county, officers and\nemployees of the office of probation for the courts of New York city\nprior to retirement was not paid in whole or in part from the treasury\nof the state but was paid directly from the treasury of a civil\ndivision, such civil division shall be required to pay the employer's\nshare of the premium charges for the coverage of such retired justices,\njudges, officers and employees under the state health benefit plan. If\nsuch retired justices, judges, officers and employees are receiving\nretirement allowances from a pension or retirement plan or system\nadministered by such civil division, the amounts required to be paid by\nsuch retired justices, judges, officers and employees as their share of\npremium charges shall be deducted from their retirement allowances. Such\ndeductions and the employer's share of premium charges shall be paid, at\nsuch times as required by the president, to the commissioner of taxation\nand finance and shall be credited to the health insurance fund.\n (c) Any civil division required by this subdivision to pay the\nemployer's share of the premium charges for the coverage of active or\nretired justices, judges, officers and employees of the supreme court,\nsurrogate's court, county court, family court, civil court of the city\nof New York, criminal court of the city of New York and district court\nin any county, officers and employees of the office of probation for the\ncourts of New York city shall also be assessed and required to pay a\nproportionate share of the expenses of administration of the health\nbenefit plan in such amounts and at such times as determined by the\npresident. Such sums shall be payable to the commissioner of taxation\nand finance and shall be applied to the reimbursement of funds\npreviously advanced for the expenses of administration of the health\nbenefit plan.\n