§ 207-A — Employee benefit fund; security services

§ 207-a. Employee benefit fund; security services. 1. Definitions. As\nused in this section, unless otherwise expressly stated:\n a. "Director" shall mean the director of employee relations.\n b. "Employee" shall mean any person serving on a full-time annual\nsalaried basis in the service of the state of New York who is appointed\nto and serving in a position in the collective negotiating unit\ndesignated as the security services unit or the security supervisors\nunit established pursuant to article fourteen of the civil service law.\n 2. Where 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 or an interest arbitration award issued pursuant to\nsubdivision four of section two hundred nine of the civil service law\nbetween the state and an employee organization so provides on behalf of\nemployees in the collective negotiating unit designated as the security\nservices unit established pursuant to article fourteen of the civil\nservice law, and upon audit and warrant of the comptroller, the director\nshall provide for the payment of moneys to such employee organization\nfor the establishment and maintenance of an employee benefit fund\nestablished by the employee organization for the employees in the\nnegotiating unit covered by the controlling provision of such agreement\nor award providing for such employee benefit fund, such amount to be\ndetermined consistent with said agreement or award as determined in\naccordance with the contractual methodology for the following state\nfiscal years: fiscal year two thousand twenty-three--two thousand\ntwenty-four, fiscal year two thousand twenty-four--two thousand\ntwenty-five and fiscal year two thousand twenty-five--two thousand\ntwenty-six. The amount, which will be determined pursuant to this\nsection, for employees who are paid from special or administrative\nfunds, other than the general fund or the capital projects fund of the\nstate, will be paid from the appropriations as provided by law, in which\ncase the comptroller will establish procedures to ensure repayment from\nsaid special or administrative funds. The director may enter into an\nagreement with an employee organization which sets forth the specific\nterms and conditions for the establishment and administration of an\nemployee benefit fund as a condition for the transmittal of moneys\npursuant to this section.\n 2-a. 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 or an interest arbitration award issued pursuant\nto subdivision four of section two hundred nine of the civil service law\nso provides on behalf of employees in the collective negotiating unit\ndesignated as the security supervisors unit established pursuant to\narticle fourteen of the civil service law, and upon audit and warrant of\nthe comptroller, the director shall provide for the payment of moneys to\nsuch employee organization for the establishment and maintenance of an\nemployee benefit fund established by the employee organization for the\nemployees in the negotiating unit covered by the controlling provision\nof such agreement providing for such employee benefit fund, such amount\nto be determined consistent with said agreement on the basis of the\nnumber of full-time annual salaried employees, as determined by the\ncomptroller, on the payroll on the last day of the payroll period in\nwhich March first, two thousand twenty-three falls for payments to be\nmade on April first, two thousand twenty-three and, on the last day of\nthe payroll period in which March first, two thousand twenty-four falls\nfor payments to be made on April first, two thousand twenty-four and, on\nthe last day of the payroll period in which March first, two thousand\ntwenty-five falls for payments to be made on April first, two thousand\ntwenty-five. The amount, which will be determined pursuant to this\nsection, for employees who are paid from special or administrative\nfunds, other than the general fund or the capital projects fund of the\nstate, will be paid from the appropriations as provided by law, in which\ncase the comptroller will establish procedures to ensure repayment from\nsaid special or administrative funds. The director may enter into an\nagreement with an employee organization which sets forth the specific\nterms and conditions of the establishment and administration of an\nemployee benefit fund as a condition for the transmittal of moneys\npursuant to this section. Such agreement shall provide that any\ncontributions paid to the employee organization for the establishment\nand maintenance of the employee benefit fund pursuant to this section on\nbehalf of eligible members of this unit shall be offset by contributions\nalready made on behalf of those members in each of the covered years,\nwhere applicable.\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 moneys transmitted to\nit pursuant to this section.\n 5. Neither the state nor any officer or employee of the state shall be\na party to any contract or agreement entered into by any employee\norganization providing for benefits purchased in whole or in part with\nmoneys transmitted to such employee organization pursuant to this\nsection. No benefit provided pursuant to such contracts or agreements\nshall be payable by the state and all such benefits shall be paid by the\nresponsible parties to such agreements or contracts pursuant to the\nterms and conditions of such agreements or contracts. The employee\norganization shall be a fiduciary with respect to employee benefit fund\nestablished 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 moneys 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 law, general or special, the provisions of this\nsection shall be controlling.\n