§ 205. Payment of relocation allowance to certain members of the state
police upon transfer within state service. 1. A member of the New York
state police eligible for reimbursement for moving and travel expenses
pursuant to the provisions of section two hundred two of this article
and the regulations promulgated by the director of the budget pursuant
to the provisions of such section shall be granted a relocation
allowance in lieu of reimbursement of expenses incidental to moving not
reimbursable under section two hundred two of this article.

2. Such allowance shall equal three per cent of the basic annual
compensation of such member in the position to which he is promoted,
transferred or reassigned, exclusive of any differential paid, provided,
however, that in no case shall such allowance exceed five hundred
dollars if such position is below the rank of lieutenant or eight
hundred dollars if such position is the rank of lieutenant or above.

3. No payment shall be made to a member otherwise eligible to receive
a relocation allowance 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 geographic area if he would have been eligible for a
relocation allowance upon such promotion to such position held by him
immediately prior to the transfer, reassignment or promotion for which a
relocation allowance was paid. Monies owing to the state pursuant to
this subdivision may be deducted from any monies due or accruing to the
member on resignation or separation or, if necessary, may be recovered
by appropriate legal proceedings.

4. Nothing in this section shall affect or impair the eligibility of
any member for reimbursement of travel and moving expenses in accordance
with the provisions of section two hundred two of this article.

5. Relocation allowances paid pursuant to this section shall be
payable from monies appropriated and available to the division of state
police. Relocation allowances of members whose salaries are paid from a
fund other than the general fund shall be a proper charge against such
other fund. Such allowance shall not be deemed to constitute salary for
any of the purposes of the civil service law.