§ 207-a. Employee benefit fund; security services. 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 serving on a full-time annual
salaried basis in the service of the state of New York who is appointed
to and serving in a position in the collective negotiating unit
designated as the security services unit or the security supervisors
unit established pursuant to article fourteen of the civil service law.

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 or an interest arbitration award issued pursuant to
subdivision four of section two hundred nine of the civil service law
between the state and an employee organization so provides on behalf of
employees in the collective negotiating unit designated as the security
services unit established pursuant to article fourteen of the civil
service law, and upon audit and warrant of the comptroller, the director
shall provide for the payment of moneys 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
or award providing for such employee benefit fund, such amount to be
determined consistent with said agreement or award as determined in
accordance with the contractual methodology for the following state
fiscal years: fiscal year two thousand twenty-three--two thousand
twenty-four, fiscal year two thousand twenty-four--two thousand
twenty-five and fiscal year two thousand twenty-five--two thousand
twenty-six. The amount, which will be determined pursuant to this
section, for employees who are paid from special or administrative
funds, other than the general fund or the capital projects fund of the
state, will be paid from the appropriations as provided by law, in which
case the comptroller will establish procedures to ensure repayment 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 moneys
pursuant to this section.

2-a. 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 or an interest arbitration award issued pursuant
to subdivision four of section two hundred nine of the civil service law
so provides on behalf of employees in the collective negotiating unit
designated as the security supervisors unit established pursuant to
article fourteen of the civil service law, and upon audit and warrant of
the comptroller, the director shall provide for the payment of moneys 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 providing for such employee benefit fund, such amount
to be determined consistent with said agreement on the basis of the
number of full-time annual salaried employees, as determined by the
comptroller, on the payroll on the last day of the payroll period in
which March first, two thousand twenty-three falls for payments to be
made on April first, two thousand twenty-three and, on the last day of
the payroll period in which March first, two thousand twenty-four falls
for payments to be made on April first, two thousand twenty-four and, on
the last day of the payroll period in which March first, two thousand
twenty-five falls for payments to be made on April first, two thousand
twenty-five. The amount, which will be determined pursuant to this
section, for employees who are paid from special or administrative
funds, other than the general fund or the capital projects fund of the
state, will be paid from the appropriations as provided by law, in which
case the comptroller will establish procedures to ensure repayment 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 of the establishment and administration of an
employee benefit fund as a condition for the transmittal of moneys
pursuant to this section. Such agreement shall provide that any
contributions paid to the employee organization for the establishment
and maintenance of the employee benefit fund pursuant to this section on
behalf of eligible members of this unit shall be offset by contributions
already made on behalf of those members in each of the covered years,
where applicable.

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 it 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 moneys transmitted to
it pursuant to this section.

5. Neither the state nor any officer or 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
moneys 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 pursuant to the
terms and conditions of such agreements or contracts. The employee
organization shall be a fiduciary with respect to 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 moneys 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 law, general or special, the provisions of this
section shall be controlling.