§ 201 — Deductions from salaries

New York § 201

• Jurisdiction: New York
• Law STF: State Finance
• Art. 14: Salaries and Employee Benefits

Text

§ 201. Deductions from salaries. 1. The comptroller of the state is\nhereby authorized to deduct from the salary of any employee of the state\nsuch amount as such employee may specify in writing filed with the\ncomptroller within the minimum and maximum amounts prescribed by the\ncomptroller for the purchase for such employee of United States bonds\nand for contribution to federated community campaigns for health,\nwelfare and recreational purposes on behalf of such employee and to the\naccount of such employee with such federated community campaign. The\ncomptroller is hereby authorized to make such rules and regulations\ngoverning the purchase of said bonds and contributions to federated\ncommunity campaigns as he deems necessary, such rules and regulations to\nbe incorporated in the employee's written authorization of payroll\ndeduction filed in a manner determined by the comptroller. Any such\nwritten authorization may be withdrawn by such employee at any time upon\nfiling written notice of such withdrawal in a manner determined by the\ncomptroller. As used in this section, "federated community campaign"\nmeans a charitable non-profit organization which solicits funds for\ndistribution among a substantial number of charitable non-profit\norganizations, which has been approved as such by the commissioner of\ngeneral services. The commissioner of general services shall approve no\nmore than one federated community campaign within a county or group of\ncounties in which such campaign is operating. He shall not approve a\nfederated community campaign in any county or group of counties where,\nin his opinion and judgment, the number of state employees to be\nsolicited by such campaign is too small to make deductions or\ncontributions by the comptroller practicable or feasible. The\ncommissioner of general services shall have power to make such\nreasonable rules and regulations not inconsistent with the law, as may\nbe necessary for the exercise of his authority under this section.\n 2. The comptroller is hereby authorized to deduct from the salary of\nany employee of the state such amount as such employee may specify in\nwriting filed in a manner determined by the comptroller for the payment\nof membership dues in a duly organized association or organization of\ncivil service employees or faculty members of the state university and\nto transmit the sums so deducted to the said association or\norganization. Any such written authorization shall remain in effect in\naccordance with subdivision one of section two hundred eight of the\ncivil service law. The foregoing notwithstanding, and subject to the\nprovisions of article fourteen of the civil service law, such deductions\nand transmittals shall be terminated as to one or more such associations\nor organizations in accordance with the written directions of the\ndirector of employee relations, not more than thirty days after receipt\nby the comptroller of such directions. The deductions and transmittals\nwhich were the subject of such directions shall not thereafter be\nresumed without the written approval of such director.\n 3. The comptroller is hereby authorized to deduct from the salary of\nany employee of the state in the executive branch whose position is\ndesignated managerial or confidential pursuant to article fourteen of\nthe civil service law, employees covered by section nineteen of the\ncorrection law, employees in the professional service in the state\nuniversity which are designated, stipulated or excluded from negotiating\nunits as managerial or confidential as defined pursuant to article\nfourteen of the civil service law, employees covered by paragraph (a) of\nsubdivision one of section two hundred fifteen of the executive law or\nin the division of military and naval affairs of the executive\ndepartment or excluded from representation rights under article fourteen\nof the civil service law pursuant to rules or regulations of the public\nemployment relations board, judges and justices of the unified court\nsystem and nonjudicial employees thereof not in collective negotiating\nunits, such amount as such employee may specify in writing filed in a\nmanner determined by the comptroller for the payment of insurance\npremiums for a group insurance plan, or a wholesale, franchise or\nsimilar mass-marketed insurance policy or program and transmit\ndeductions so withheld to the insurance or other company, organization,\nor agency issuing or administering said policy. Any such written\nauthorization may be withdrawn by the employee at any time upon filing\nwritten notice of such withdrawal in a manner determined by the\ncomptroller, or such deduction may be terminated on notice to the\ncomptroller by the insurance or other company, organization or agency in\naccordance with the terms of the policy.\n 4. The comptroller is hereby authorized to deduct from the salary of\nany employee of the state such amount as such employee may specify in\nwriting to be filed with the payroll officer of the employee's agency\nwithin the minimum and maximum amounts specified by the comptroller for\nthe repayment of defaulted higher education guaranteed student loans,\nnational defense or national direct student loans owed to higher\neducation services corporation or to the state by the employee or for\nthe payment of fees, fines, penalties and other obligations owed to the\nstate by the employee, including recurring parking permit fees, and for\npayment to credit unions in payment for shares, repayment of loans and,\nsubject to regulations of the comptroller, other purposes within the\npowers of a credit union except for payment for any form of insurance\npolicy other than life insurance ancillary to a loan and to transmit the\nsums so deducted to such credit unions or to the state agency designated\nby the employee. Any such written authorization may be withdrawn by such\nemployee at any time upon filing written notice of such withdrawal with\nthe payroll officer of the employee's agency and with the state agency\ndesignated to receive the amounts deducted. The comptroller is hereby\nauthorized to make such rules and regulations as may be necessary to\nprovide for credit union and other deductions which may include but need\nnot be limited to requirements insuring that computations and other\nappropriate clerical work shall be performed by the credit union or\nstate agency, limiting the frequency of changes in the amount of payroll\ndeductions, indemnifying the state and establishing minimum membership\nstandards so that payroll deductions are practicable and feasible. As\nused in this subdivision, the term "credit union" shall mean an\norganization defined by subdivision nine of section two of the banking\nlaw or a credit union chartered by the United States and having its\nprincipal office in the state of New York.\n 5. Where, and to the extent that, an agreement between the state and\nan employee organization entered into pursuant to article fourteen of\nthe civil service law so provides, the comptroller, after receipt of\nwritten directions of the director of employee relations, is authorized\nto deduct from the salary of any employee of the state such amount as\nsuch employee may specify in writing filed in a manner determined by the\ncomptroller for the payment of insurance premiums for a group insurance\nplan, or a wholesale, franchise or similar mass-marketed insurance\npolicy or program issued to or sponsored by an association of civil\nservice employees or an employee organization certified or recognized by\nthe state pursuant to said article, and transmit deductions so withheld\nto the insurance company issuing said policy or policies, or to the\nemployee organization, in accordance with the provisions of such\nagreement. Any such written authorization may be withdrawn by the\nemployee at any time upon filing written notice of such withdrawal in a\nmanner determined by the comptroller, or such deduction may be\nterminated on notice to the comptroller by the insurance carrier, in\naccordance with the terms of the policy.\n 6. Notwithstanding any other law to the contrary, where, and to the\nextent that, an agreement between the state and an employee organization\npursuant to article fourteen of the civil service law authorizes\nparticipation in an individual retirement account plan by employees\ncovered by such agreement, the comptroller, after receipt of written\ndirections from the director of employee relations where such agreement\ncovers employees in the executive branch or from the chief administrator\nof the courts where such agreement covers employees in the judicial\nbranch, is authorized to deduct from the salary of any employee covered\nby such an agreement an amount that the employee may specify in writing\nfiled in a manner determined by the comptroller for contribution to such\nplan in accordance with the Economic Recovery Tax Act of 1981 (P.L.\n97-34) and transmit deductions so withheld to the financial organization\nissuing such plan in accordance with the provisions of such agreement.\nFor the purposes of this subdivision, subject to the rules and\nregulations promulgated by the comptroller, the term "financial\norganization" shall mean an organization authorized to do business in\nthe state of New York and which is an authorized fiduciary to act as a\ntrustee under an individual retirement account plan established pursuant\nto the provisions of an act of congress entitled "Employee Retirement\nIncome Security Act of 1974" as such provisions may be amended from time\nto time, and (i) is licensed or chartered by the state department of\nfinancial services, (ii) is chartered by an agency of the federal\ngovernment, (iii) is subject to the jurisdiction and regulation of the\nsecurities and exchange commission of the federal government, or (iv) is\nany other entity otherwise authorized to act in this state as a trustee\nof an individual retirement account plan established pursuant to the\nprovisions of an act of congress entitled "Employee Retirement Income\nSecurity Act of 1974" as such provisions may be amended from time to\ntime; provided, however, that any contributions made pursuant to this\nsection shall be made to a financial organization whose offices are\nlocated in this state. Any such written authorization may be withdrawn\nby the employee at any time upon filing written notice of such\nwithdrawal in a manner determined by the comptroller or such deduction\nmay be terminated on notice to the comptroller by the financial\norganization in accordance with the terms of such plan. Notwithstanding\nthis subdivision, an organization defined by subdivision nine of section\ntwo of the banking law or a credit union chartered by the United States\nand having its principal office in the state of New York and which is\notherwise entitled under this section to receive payments deducted from\nthe salary of a state employee shall have the right to, and continue to\nhave the right to, receive such payments for the purpose of individual\nretirement account plans offered by such organizations.\n 7. Notwithstanding any other law to the contrary, where, and to the\nextent that, an agreement between the state and an employee organization\nentered into pursuant to article fourteen of the civil service law so\nprovides on behalf of employees in the collective negotiating unit\ndesignated as the professional services negotiating unit established\npursuant to article fourteen of the civil service law authorizes\nparticipation in an annuity contract by employees covered by such\nagreement, the comptroller, after receipt of written directions from the\ndirector of employee relations, is authorized to deduct from the salary\nof any employee covered by such an agreement an amount that the employee\nmay specify in writing filed in a manner determined by the comptroller\nfor contribution to such plan or plans in accordance with section four\nhundred three (b) of the Internal Revenue Code (26 USC § 403(b)) and\ntransmit deductions so withheld to the financial organization or\norganizations issuing such plan in accordance with the provisions of\nsuch agreement. For the purposes of this subdivision, subject to the\nrules and regulations promulgated by the comptroller, the term\n"financial organization" shall mean an organization authorized to do\nbusiness in the state of New York and which (i) is licensed or chartered\nby the state department of financial services, (ii) is chartered by an\nagency of the federal government, or (iii) is subject to the\njurisdiction and regulation of the securities and exchange commission of\nthe federal government; provided, however, that any contribution made\npursuant to this section shall be made to a financial organization whose\noffices are located in this state. Any such written authorization may be\nwithdrawn by the employee at any time upon filing written notice of such\nwithdrawal in a manner determined by the comptroller or such deduction\nmay be terminated on notice to the comptroller by the financial\norganization in accordance with the terms of such plan.\n 8. Notwithstanding any other inconsistent provision of law, where and\nto the extent that any agreement between the state and an employee\norganization entered into pursuant to article fourteen of the civil\nservice law so provides on behalf of employees in the collective\nnegotiating unit designated as the professional services negotiating\nunit established pursuant to article fourteen of the civil service law,\nthe comptroller, after receipt of written directions of the director of\nemployee relations, is authorized to deduct from the salary of any such\nemployee, who (i) is enrolled in the state health insurance program or\n(ii) is enrolled in a plan for drug prescription coverage or other\nbenefits sponsored by the employee benefit fund established pursuant to\nsection two hundred nine of this article, such amounts as specified by\nthe director of employee relations and to transmit deductions so\nwithheld to said employee benefit fund.\n 9. The comptroller is hereby authorized to deduct from the salary of\nany employee of the state such amount as such employee may specify in\nwriting to be filed with the payroll officer of the employee's agency\nwithin the minimum and maximum amounts specified by the comptroller for\ncontributions to campus-related foundations and to transmit the sums so\ndeducted to such campus-related foundations. Any such written\nauthorization may be withdrawn by such employee at any time upon filing\nwritten notice of such withdrawal with the payroll officer of the\nemployee's agency. The comptroller is hereby authorized to make such\nrules and regulations as may be necessary to provide for deductions for\ncampus-related foundations. As used in this subdivision, the term\n"campus-related foundation" shall mean a non-profit corporation\norganized and existing pursuant to the education law or the\nnot-for-profit corporation law for the benefit of a state-operated\ncampus of the state university of New York or for the benefit of a\ncommunity college operating under the program of the state university of\nNew York.\n 10. Notwithstanding any other inconsistent provision of law, where and\nto the extent that any agreement between the state and an employee\norganization entered into pursuant to article fourteen of the civil\nservice law so provides on behalf of employees in the collective\nnegotiating units designated as the security services unit or the\nsecurity supervisors unit established pursuant to article fourteen of\nthe civil service law, the comptroller, after the receipt of written\ndirections of the director of employee relations, is authorized to\ndeduct from the salary of any such employee covered by such an agreement\nan amount which the employee may specify in writing filed in a manner\ndetermined by the comptroller and transmit deductions so withheld to a\nbank participating in a loan or investment program in accordance with\nthe provisions of such agreement. Any such written authorization may be\nwithdrawn by the employee at any time upon filing written notice of such\nwithdrawal in a manner determined by the comptroller, or such deduction\nmay be terminated on notice to the comptroller by the bank, in\naccordance with the terms of the loan. As used in this subdivision, the\nterm "bank" shall mean an organization defined by subdivision one or six\nof section two of the banking law.\n 11. Notwithstanding any other inconsistent provision of law, the\ncomptroller, after receipt of written directions of the director of\nemployee relations, is authorized to deduct from the salary of any\nemployee of the state in the executive branch whose position is\ndesignated managerial or confidential pursuant to article fourteen of\nthe civil service law, employees covered by section nineteen of the\ncorrection law, employees in the professional service in the state\nuniversity which are designated, stipulated or excluded from negotiating\nunits as managerial or confidential as defined pursuant to article\nfourteen of the civil service law, employees covered by paragraph (a) of\nsubdivision one of section two hundred fifteen of the executive law or\nin the division of military and naval affairs of the executive\ndepartment or excluded from representation rights under article fourteen\nof the civil service law pursuant to rules or regulations of the public\nemployment relations board, employees of the legislature, judges and\njustices of the unified court system and nonjudicial employees thereof\nnot in collective negotiating units, such amount as such employee may\nspecify in writing filed with the payroll officer of such employee's\nagency for the payment of child care fees for services at child care\ncenters designated by the director of employee relations and transmit\ndeductions so withheld to such designated child care center providing\nsuch services. Any such written authorization may be withdrawn by the\nemployee at any time upon filing written notice of such withdrawal with\nthe payroll officer of such employee's agency, or such deduction may be\nterminated on notice to the payroll officer of such employee's agency by\nthe child care center.\n 12. Notwithstanding any other inconsistent provision of law, where,\nand to the extent that, an agreement between the state and an employee\norganization entered into pursuant to article fourteen of the civil\nservice law so provides, the comptroller, after receipt of written\ndirections of the director of employee relations, is authorized to\ndeduct from the salary of any employee covered by such an agreement such\namount as such employee may specify in writing filed with the payroll\nofficer of such employee's agency for the payment of child care fees for\nservices at child care centers designated by the director of employee\nrelations and transmit deductions so withheld to such designated child\ncare center providing such services. Any such written authorization may\nbe withdrawn by the employee at any time upon filing written notice of\nsuch withdrawal with the payroll officer of such employee's agency, or\nsuch deduction may be terminated on notice to the payroll officer of\nsuch employee's agency by the child care center.\n * 13. The comptroller is hereby authorized to deduct from the salary\nof any state employee such amount as such employee may specify in\nwriting to be filed with the payroll officer of the employee's agency\nfor the purpose of making payments on outstanding Perkins loans\n(formerly national direct student loans) owed to the state university of\nNew York or the city university of New York and to transmit deductions\nso withheld to the appropriate collecting agent of the state university\nof New York or the city university of New York. Any such written\nauthorization may be withdrawn by such employee at any time upon filing\nwritten notice of such withdrawal with the comptroller. The comptroller\nis hereby authorized to make such rules and regulations as may be\nnecessary to provide for deductions for this purpose.\n * NB There are 2 sb 13's\n * 13. The comptroller is authorized to deduct from the salary of any\nemployee of the state in the legislative branch and any employee in the\nexecutive or judicial branch whose position is designated managerial or\nconfidential pursuant to article fourteen of the civil service law, any\nemployee covered by section nineteen of the correction law, employees in\nthe professional service in the state university which are designated,\nstipulated or excluded from negotiating units as managerial or\nconfidential as defined pursuant to article fourteen of the civil\nservice law, employees covered by paragraph (a) of subdivision one of\nsection two hundred fifteen of the executive law or in the division of\nmilitary and naval affairs of the executive department or excluded from\nrepresentation rights under article fourteen of the civil service law\npursuant to rules or regulations of the public employment relations\nboard or any employee represented by an employee organization who elects\npursuant to an agreement entered into between the state and the employee\norganization to participate in such state authorized individual\nretirement plan such amount as such employee may specify in writing\nfiled in a manner determined by the comptroller for contribution to an\nauthorized individual retirement plan as determined pursuant to section\ntwo hundred eight of this article and to transmit deductions so withheld\nto the financial organization which operates such authorized individual\nretirement plan. Any such written authorization may be withdrawn by the\nemployee at any time upon filing written notice of such withdrawal in a\nmanner determined by the comptroller or such deduction may be terminated\non notice to the comptroller by the financial organization in accordance\nwith the terms of such plan.\n * NB There are 2 sb 13's\n 14. Notwithstanding any other law, rule or regulation to the contrary,\nwhere, and to the extent that, an agreement between the state and an\nemployee organization entered into pursuant to article fourteen of the\ncivil service law provides, the comptroller, after receiving written\ndirection from the director of employee relations, is authorized to\ndeduct from the salary of any employee such amount as such employee\ncovered by such agreement may specify in writing filed in a manner\ndetermined by the comptroller for contribution to a political action\ncommittee designated by such employee organization and transmit such\ndeduction so withheld to the political action committee or to such\nemployee organization, as appropriate. Any such written authorization\nmay be withdrawn by the employee at any time upon filing written notice\nof such withdrawal in a manner determined by the comptroller or such\ndeduction may be terminated on notice to the comptroller by such\nemployee organization.\n 15. The comptroller is hereby authorized to deduct from the salary of\nany employee of the division of state police such amount as such\nemployee may specify in writing, to be filed with the payroll office of\nthe division of state police, for the purpose of contributing to the\nTrooper Foundation - State of New York, Inc., and/or NYS Troopers PBA\nSignal 30 Fund Inc., and/or New York State Police Investigators\nAssociation Emergency Assistance Fund, Inc. Any such written\nauthorization may be withdrawn by an employee at any time upon filing\nwritten notice of such withdrawal with the payroll office of the\ndivision of state police. The comptroller is hereby authorized to make\nsuch rules and regulations as may be necessary to provide for deductions\nfor this purpose.\n 16. The comptroller is hereby authorized to deduct from the salary of\nany state employee such amount as such employee may specify in writing\nto be filed with the payroll officer of the employee's agency for the\npurpose of making payments on outstanding education loans made pursuant\nto part V of article fourteen of the education law and to transmit\ndeductions so withheld to the appropriate collecting agent designated by\nthe higher education services corporation for receipt thereof. Any such\nwritten authorization may be withdrawn by such employee at any time upon\nfiling written notice of such withdrawal with the comptroller. The\ncomptroller is hereby authorized to make such rules and regulations as\nmay be necessary to provide for deductions for this purpose.\n 17. Notwithstanding any other provision of law to the contrary, where,\nand to the extent that an agreement entered into pursuant to article\nfourteen of the civil service law between the state and the employee\norganization representing the collective negotiating unit consisting of\ntroopers in the division of state police and the collective negotiating\nunit consisting of commissioned and non-commissioned officers in the\ndivision of state police so provides, the comptroller, after receipt of\nwritten directions from the director of employee relations, is\nauthorized to deduct, for the purposes of making restitution for damage\nor loss of equipment, from the salary of any employee covered by such an\nagreement such amount as determined by the employer to cover the\nrestitution for such damaged or lost equipment.\n