§ 207 — Employee benefit fund; professional, scientific and technical services

§ 207. Employee benefit fund; professional, scientific and technical\nservices. 1. Definitions. As used in this section, unless otherwise\nexpressly stated:\n a. "Director" shall mean the director of employee relations.\n b. "Employee" shall mean any person in the service of the state of New\nYork who is appointed to and serving in a position in the collective\nnegotiating unit designated as the professional, scientific and\ntechnical services unit established pursuant to article fourteen of the\ncivil service law who is otherwise eligible for health insurance\ncoverage pursuant to law and the rules and regulations of the department\nof civil service, except that it shall not mean seasonal employees whose\nemployment is expected to last less than six months, employees in\ntemporary positions of less than six months duration, or employees\nholding appointments otherwise expected to last less than six months.\n 2. 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 on behalf of employees and upon audit\nand warrant of the comptroller, the director shall provide for the\npayment of monies quarterly to such employee organization for the\nestablishment and maintenance of an employee benefit fund established by\nthe employee organization for the employees in the negotiating unit\ncovered by the controlling provision of such agreement providing for\nsuch employee benefit fund, such amount to be determined consistent with\nthe procedure established in said agreement and on the basis of the\nnumber of employees on the payroll during the payroll period the last\nday of which ends no later than twenty-one calendar days before the\nbeginning of the quarter next following such day as determined by the\ncomptroller unless there is an agreement entered into pursuant to such\narticle fourteen between the state and such employee organization for\nthe determination during a different payroll period of the number of\nemployees in positions which are on an appointment cycle which does not\nplace them on payroll at the time that such number of employees would\notherwise be determined. The amount, which will be determined pursuant\nto this section, for employees who are paid from special or\nadministrative funds, will be paid from the appropriations as provided\nby law, in which case the comptroller will establish procedures to\nensure repayment from said special or administrative funds. The director\nmay enter into an agreement with an employee organization which sets\nforth the specific terms and conditions for the establishment and\nadministration of an employee benefit fund as a condition for the\ntransmittal of monies pursuant to this section.\n 3. Such employee organization shall periodically as specified by the\ndirector, supply a description of the benefits purchased or provided by\nthe employee benefit fund, the utilization experience of the benefit\nfund, the amount disbursed for or the cost of such benefits and such\nother information as may be requested by the director.\n 4. The employee organization shall report to the comptroller, in the\nform and manner as he may direct, the amount it expended for the\npurchase of or providing for such benefits for any period specified by\nthe comptroller. The comptroller is hereby authorized to audit the books\nof the employee organization with respect to any monies transmitted to\nit pursuant to this section.\n 5. Neither the state nor any officer or employee of the state\n(including "employee" as defined herein and any other employee of the\nstate) shall be a party to any contract or agreement entered into by any\nemployee organization providing for benefits purchased in whole or in\npart with monies transmitted to such employee organization pursuant to\nthis section. No benefit provided pursuant to such contracts or\nagreements shall be payable by the state and all such benefits shall be\npaid by the responsible parties to such agreements or contracts pursuant\nto the terms and conditions of such agreements or contracts. The\nemployee organization shall be a fiduciary with respect to an employee\nbenefit fund established pursuant to this section.\n 6. Nothing herein shall be deemed to diminish, impair or reduce any\nbenefit otherwise payable to any employee established or authorized by\nlaw, rule or regulation by reason of such employee's lack of eligibility\nto participate in any benefit program established by an employee\norganization pursuant to this section.\n 7. In the event it is determined that the monies transmitted to an\nemployee organization pursuant to this section is income for which\npayroll deductions are required for income tax withholdings from the\nsalary or wages of employees pursuant to law, the comptroller shall\ndetermine the amount of such withholdings required and deduct the amount\nso required to be withheld from the salary or wages of the employees\nconcerned.\n 8. The employee organization shall indemnify the state for any claims\nwhatsoever paid by it arising from the establishment, administration or\ndiscontinuation of any employee benefit provided pursuant to this\nsection, together with reasonable costs of litigation arising therefrom.\n 9. Insofar as the provisions of this section are inconsistent with the\nprovisions of any other act, general or special, the provisions of this\nsection shall be controlling.\n