§ 207-D — Employee benefit fund; agency police services unit

§ 207-d. Employee benefit fund; agency police services unit. 1. 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 agency police services unit and is a police officer\npursuant to subdivision thirty-four of section 1.20 of the criminal\nprocedure 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 agency\npolice services unit established pursuant to article fourteen of the\ncivil service law, and upon audit and warrant of the comptroller, the\ndirector shall provide for the payment of moneys 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 provision of such\nagreement or award providing for such employee benefit fund, such amount\nto be determined consistent with said agreement or award on the basis of\nthe number of full-time annual salaried employees, as determined by the\ncomptroller, on the payroll on March first, two thousand twenty-three\nfor payments to be made on April first, two thousand twenty-three, on\nthe payroll on March first, two thousand twenty-four for payments to be\nmade on April first, two thousand twenty-four, and on the payroll on\nMarch first, two thousand twenty-five for payments to be made on April\nfirst, two thousand twenty-five. The amount, 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 comptroller will establish procedures\nto ensure repayment from said special or administrative funds. The\ndirector shall enter into an agreement with an employee organization\nwhich sets forth the specific terms and conditions for the establishment\nand administration of an employee benefit fund as a condition for the\ntransmittal of moneys 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 or she 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 in this section shall be deemed to diminish, impair or\nreduce any benefit otherwise payable to any employee established or\nauthorized by law, rule or regulation by reason of such employee's lack\nof eligibility to participate in any benefit program established by an\nemployee organization 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