§ 207-B — Employee benefit fund; division of state police

§ 207-b. Employee benefit fund; division of state police. 1.\nDefinitions. As used in this section, unless otherwise expressly 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 in the division of state police who is appointed to and serving on\na full-time annual salaried basis in a position in the collective\nnegotiating units consisting of troopers; commissioned and\nnon-commissioned officers; and investigators, senior investigators and\ninvestigative specialists established pursuant to article fourteen of\nthe civil service law.\n 2. a. Where, and to the extent that, the agreement between the state\nand an employee organization entered into pursuant to article fourteen\nof the civil service law so provides on behalf of the employees in the\ncollective negotiating unit consisting of commissioned and\nnon-commissioned officers in the division of state police, established\npursuant to article fourteen of the civil service law, and upon audit\nand warrant of the state comptroller, the director shall provide for the\npayment of monies to such employee organization for the establishment\nand maintenance of an employee benefit fund established by the employee\norganization for the employees in the negotiating unit covered by the\ncontrolling provisions of such agreement providing for such employee\nbenefit fund. Such amounts are to be determined consistent with said\nagreement, including any and all monies agreed to be transferred in said\nagreement, and on the basis of the number of full-time annual salaried\nemployees, other than full-time seasonal employees, on the payroll on\nMarch first, two thousand twenty-three for payments to be made on April\nfirst, two thousand twenty-three, the number of full-time annual\nsalaried employees, other than full-time seasonal employees, on the\npayroll on March first, two thousand twenty-four for payments to be made\non April first, two thousand twenty-four, and the number of full-time\nannual salaried employees, other than full-time seasonal employees, on\nthe payroll on March first, two thousand twenty-five for payments to be\nmade on April first, two thousand twenty-five. The amounts, which will\nbe determined pursuant to this section, for employees who are paid from\nspecial or administrative funds, other than the general fund or the\ncapital projects fund of the state, will be paid from the appropriations\nas provided by law, in which case the state comptroller will establish\nprocedures to ensure repayment from said special or administrative\nfunds. The director shall enter into an agreement with the employee\norganization that sets forth the specific terms and conditions for the\ntransmittal of monies pursuant to this section. Payments made pursuant\nto this paragraph and paragraph a-1 of this subdivision shall be made to\nthe same fund as set forth in the agreement between the director and the\nemployee organization that represents the employees covered by the\nprovisions of this paragraph and paragraph a-1 of this subdivision.\n a-1. Where, and to the extent that, the agreement between the state\nand an employee organization entered into pursuant to article fourteen\nof the civil service law so provides on behalf of employees in the\ncollective negotiating unit consisting of troopers in the division of\nstate police, established pursuant to article fourteen of the civil\nservice law, and upon audit and warrant of the state comptroller, the\ndirector shall provide for the payment of monies to such employee\norganization for the establishment and maintenance of an employee\nbenefit fund established by the employee organization for the employees\nin the negotiating unit covered by the controlling provisions of such\nagreement providing for such employee benefit fund. Such amounts are to\nbe determined consistent with said agreement, including any and all\nmonies agreed to be transferred in said agreement, and on the basis of\nthe number of full-time annual salaried employees, other than full-time\nseasonal employees, on the payroll on March first, two thousand\ntwenty-three for payments to be made on April first, two thousand\ntwenty-three, the number of full-time annual salaried employees, other\nthan full-time seasonal employees, on the payroll on March first, two\nthousand twenty-four for payments to be made on April first, two\nthousand twenty-four, and the number of full-time annual salaried\nemployees, other than full-time seasonal employees, on the payroll on\nMarch first, two thousand twenty-five for payments to be made on April\nfirst, two thousand twenty-five. The amounts, which will be determined\npursuant to this section, for employees who are paid from special or\nadministrative funds, other than the general fund or the capital\nprojects fund of the state, will be paid from the appropriations as\nprovided by law, in which case the state comptroller will establish\nprocedures to ensure repayment from said special or administrative\nfunds. The director shall enter into an agreement with the employee\norganization that sets forth the specific terms and conditions for the\ntransmittal of monies pursuant to this section. Payments made pursuant\nto this paragraph and paragraph a of this subdivision shall be made to\nthe same fund as set forth in the agreement between the director and the\nemployee organization that represents the employees covered by the\nprovisions of this paragraph and paragraph a of this subdivision.\n * b. Pursuant to the terms of an agreement negotiated between the\nexecutive branch of the state of New York and the employee organization\nrepresenting the collective negotiating unit consisting of\ninvestigators, senior investigators, and investigative specialists in\nthe division of state police, and upon audit and warrant of the state\ncomptroller, the director shall provide for the payment of monies to\nsuch employee organization for the establishment and maintenance of an\nemployee benefit fund established by the employee organization for the\nemployees in the collective negotiating unit covered by the controlling\nprovisions of such agreement providing for such employee benefit fund,\nsuch amount to be determined consistent with said agreement, including\nany and all monies agreed to be transferred in said agreement, and on\nthe basis of the number of full-time annual salaried employees, other\nthan full-time seasonal employees, on the payroll on March first, two\nthousand eleven, for payments to be made on April first, two thousand\neleven, and on the payroll on March first, two thousand twelve, for\npayments to be made on April first, two thousand twelve and on the\npayroll on March first, two thousand thirteen, for payments to be made\non April first, two thousand thirteen and on the payroll on March first,\ntwo thousand fourteen, for payments to be made on April first, two\nthousand fourteen and on the payroll on March first, two thousand\nfifteen, for payments to be made on April first, two thousand fifteen\nand on the payroll on March first, two thousand sixteen for payments to\nbe made on April first, two thousand sixteen and on the payroll on March\nfirst, two thousand seventeen for payments to be made on April first,\ntwo thousand seventeen. The amount, which will be determined pursuant to\nthis section, 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 state comptroller shall establish procedures to ensure\nrepayment from said special or administrative funds. The director shall\nenter into an agreement with an employee organization, which sets forth\nthe specific terms and conditions for the transmittal of monies pursuant\nto this section.\n * NB Effective until certain conditions are met as set forth in\nchapter 182 of 2025 § 26\n * b. Pursuant to the terms of an agreement negotiated between the\nexecutive branch of the state of New York and the employee organization\nrepresenting the collective negotiating unit consisting of\ninvestigators, senior investigators, and investigative specialists in\nthe division of state police, and upon audit and warrant of the state\ncomptroller, the director shall provide for the payment of monies to\nsuch employee organization for the establishment and maintenance of an\nemployee benefit fund established by the employee organization for the\nemployees in the collective negotiating unit covered by the controlling\nprovisions of such agreement providing for such employee benefit fund,\nsuch amount to be determined consistent with said agreement, including\nany and all monies agreed to be transferred in said agreement, and on\nthe basis of the number of full-time annual salaried employees, other\nthan full-time seasonal employees, on the payroll for the payroll period\nthat includes March first, two thousand twenty-three, for payments to be\nmade on April first, two thousand twenty-three, and on the payroll for\nthe payroll period that includes March first, two thousand twenty-four,\nfor payments to be made on April first, two thousand twenty-four, and on\nthe payroll for the payroll period that includes March first, two\nthousand twenty-five, for payments to be made on April first, two\nthousand twenty-five. The amount, which will be determined pursuant to\nthis section, 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 state comptroller shall establish procedures to ensure\nrepayment from said special or administrative funds. The director shall\nenter into an agreement with an employee organization, which sets forth\nthe specific terms and conditions for the transmittal of monies pursuant\nto this section.\n * NB Effective upon certain conditions being met as set forth in\nchapter 182 of 2025 § 26\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 the employee benefit\nfund 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 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 act, general or special, the provisions of this\nsection shall be controlling.\n