§ 202. Reimbursement for travel and moving expenses upon transfer,
reassignment or promotion. 1. Subject to the regulations hereinafter
mentioned, when a geographical change in the location of the principal
place of employment of a state officer or employee occurs as a result of
his transfer or reassignment made at the order or request of a
department or agency for the convenience of the state, and such change
reasonably requires a change in the place of his abode, such officer or
employee shall be eligible for reimbursement for travel and moving
expenses incurred in transporting himself, his family and his household
effects to his new place of abode. Such reimbursement shall not be
payable in the case of transfer or reassignment for disciplinary
reasons, or in the case of temporary transfers or reassignments,
including assignments made for training purposes.

2. Subject to the regulations hereinafter mentioned, when a
geographical change in the location of the principal place of employment
of a state officer or employee occurs as a result of his promotion on a
permanent basis to a technical, scientific, educational, professional or
administrative position, and such change reasonably requires a change in
the place of his abode, he shall be eligible for reimbursement for
travel and moving expenses incurred in transporting himself, his family
and household effects to his new place of abode.

3. No payment shall be made to an officer or employee otherwise
eligible to receive travel and moving expenses pursuant to this section
unless he shall agree in writing to return to the state monies received
for such expenses in the event that he resigns or voluntarily separates
from the position to which he is transferred, reassigned or promoted
within one year after such transfer, reassignment or promotion. The
return of such funds to the state shall not be required when the
resignation or voluntary separation is the result of a promotion to a
higher grade state position in the same occupational field occurring
more than six months following the transfer, reassignment or promotion,
or by a promotion at any time in the same geographical area if he would
have been eligible for reimbursement of travel and moving expenses upon
such promotion to such position from the position held by him
immediately prior to the transfer, reassignment or promotion for which
reimbursement was paid. Monies owing to the state pursuant to this
subdivision may be deducted from any monies due or accruing to the
employee on resignation or separation or, if necessary, may be recovered
by appropriate legal proceedings.

4. Reimbursement of travel and moving expenses pursuant to this
section shall be payable from monies appropriated and available to
departments and agencies. Reimbursement of travel and moving expenses of
employees whose salaries are paid from a fund other than the general
fund shall be a proper charge against such other fund. Such
reimbursement shall not be deemed to constitute salary for any of the
purposes of the civil service law.

5. The director of the budget shall, with the approval of the director
of employee relations, prescribe and amend such regulations as may be
necessary to carry out the provisions of this section. Such regulations
may include, but need not be limited to, provisions (a) prescribing
standards, criteria, and procedures for determining eligibility for
reimbursement of travel and moving expenses in accordance with the
provisions of this section, and, if deemed advisable by the budget
director, enumerating positions or classes or groups of positions for
which he has determined that, upon transfer, reassignment or promotion,
travel and moving expenses shall or shall not be payable under this
section;

(b) fixing maximum dollar limitations on reimbursement for travel and
moving expenses pursuant to this section;

(c) excluding or limiting reimbursement for expenses for moving less
than a prescribed minimum distance, for moving household goods and
possessions in excess of a prescribed maximum weight, or for storage or
living expenses.