§ 206-a. Employee benefit fund; negotiating unit created by chapter
four hundred three of the laws of nineteen hundred eighty-three. 1.
Definitions. As used in this section, unless otherwise expressly stated:

a. "Director" shall mean the director of employee relations.

b. "Employee" shall mean any person in the service of the state of New
York who is appointed to and serving in a position contained within the
collective negotiating unit created by chapter four hundred three of the
laws of nineteen hundred eighty-three established by article fourteen of
the civil service law who is otherwise eligible for health insurance
coverage pursuant to law and the rules and regulations of the department
of civil service, except that it shall not mean seasonal employees whose
employment is expected to last less than six months, employees in
temporary positions of less than six months duration, or employees
holding appointments otherwise expected to last less than six months.

c. "Retiree" shall mean any person who was an employee of the state of
New York on or after April first, nineteen hundred eighty-four in the
negotiating unit created by chapter four hundred three of the laws of
nineteen hundred eighty-three and who immediately upon termination of
employment with the state is eligible to receive a service retirement
benefit from either the New York state employees' retirement system or
the New York city employees' retirement system.

2. Where, and to the extent that, an agreement between the state and
an employee organization entered into pursuant to article fourteen of
the civil service law so provides on behalf of employees and upon audit
and warrant of the comptroller, the director shall provide for the
payment of monies quarterly to such employee organization for the
establishment and maintenance of an employee benefit fund established by
the employee organization for the employees in the negotiating unit
covered by the controlling provision of such agreement, such amount to
be determined consistent with the procedure established in said
agreement, on the basis of the number of employees as defined herein on
the payroll during the payroll period the last day of which ends no
later than twenty-one calendar days before the beginning of the quarter
next following such day as determined by the comptroller. The amount,
which will be determined pursuant to this section, for employees who are
paid from special or administrative funds, will be paid from the
appropriations as provided by law, in which case the comptroller will
establish procedures to ensure repayment from general state charge
appropriations or from said special or administrative funds. The
director may enter into an agreement with an employee organization which
sets forth the specific terms and conditions for the establishment and
administration of an employee benefit fund as a condition for the
transmittal of monies pursuant to this section.

3. Such employee organization shall periodically as specified by the
director, supply a description of the benefits purchased or provided by
the employee benefit fund, the utilization experience of the benefit
fund, the amount disbursed for or the cost of such benefits and such
other information as may be requested by the director.

4. The employee organization shall report to the comptroller, in the
form and manner as he may direct, the amount expended for the purchase
of or providing for such benefits for any period specified by the
comptroller. The comptroller is hereby authorized to audit the books of
the employee organization with respect to any monies transmitted to it
pursuant to this section.

5. Neither the state nor any officer or employee of the state
(including "employee" as defined herein and any other employee of the
state) shall be a party to any contract or agreement entered into by any
employee organization providing for benefits purchased in whole or in
part with monies transmitted to such employee organization pursuant to
this section. No benefit provided pursuant to such contracts or
agreements shall be payable by the state and all such benefits shall be
paid by the responsible parties to such agreements or contracts of such
agreements or contracts. The employee organization shall be a fiduciary
with respect to an employee benefit fund established pursuant to this
section.

6. Nothing herein shall be deemed to diminish, impair or reduce any
benefit otherwise payable to any employee established or authorized by
law, rule or regulation by reason of such employee's lack of eligibility
to participate in any benefit program established by an employee
organization pursuant to this section.

7. In the event it is determined that the monies transmitted to an
employee organization pursuant to this section is income for which
payroll deductions are required for income tax withholdings from the
salary or wages of employees pursuant to law, the comptroller shall
determine the amount of such withholdings required and deduct the amount
so required to be withheld from the salary or wages of the employees
concerned.

8. The employee organization shall indemnify the state for any claims
whatsoever paid by it arising from the establishment, administration or
discontinuation of any employee benefit provided pursuant to this
section, together with reasonable costs of litigation arising therefrom.

9. Insofar as the provisions of this section are inconsistent with the
provisions of any other act, general or special, the provisions of this
section shall be controlling.