§ 209 — Employee benefit fund; professional services

§ 209. Employee benefit fund; professional services. 1. Definitions.\nAs 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 who is appointed to and serving in a position contained within the\ncollective negotiating unit designated as the professional services\nnegotiating unit in the state university of New York established\npursuant to article fourteen of the civil service law who is eligible\nfor full or partial per capita contributions to an employee benefit fund\npursuant to the terms of an agreement between the state and an employee\norganization representing employees in such negotiating unit.\n 2. Where, on the effective date of this section, and to the extent\nthat, 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 in the state\nuniversity of New York 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 monies quarterly to such\nemployee 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 provisions\nof such agreement providing for such employee benefit fund, such amount\nto be determined consistent with the procedure established in said\nagreement but, on the basis of the number of employees as defined herein\non the payroll during the payroll period the last day of which ends no\nlater than twenty-one calendar days before the beginning of the quarter\nnext following such day as determined by the comptroller and the state\nuniversity of New York unless there is an agreement entered into\npursuant to such article fourteen between the state and such employee\norganization for the determination during a different payroll period of\nthe number of employees in positions which are on an appointment cycle\nwhich does not place them on payroll at the time that such number of\nemployees would otherwise be determined. The amount, which will be\ndetermined pursuant to this section, for employees who are paid from\nspecial or administrative fund or funds of the state, other than the\ngeneral fund or the capital projects fund of the state, will be paid\nfrom the appropriations as provided by law, in which case the\ncomptroller will establish procedures to ensure repayment from said\nspecial 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 monies\npursuant to this section.\n 3. Such employee organization shall periodically as specified by the\ndirector of employee relations, supply a description of the benefits\npurchased or provided by the employee benefit fund, the utilization\nexperience of the benefit fund, the amount disbursed for or the cost of\nsuch benefits and such other information as may be requested by the\ndirector of employee relations.\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 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\nmonies 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 an 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 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