§ 207-b. Employee benefit fund; division of state police. 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 in the division of state police who is appointed to and serving on
a full-time annual salaried basis in a position in the collective
negotiating units consisting of troopers; commissioned and
non-commissioned officers; and investigators, senior investigators and
investigative specialists established pursuant to article fourteen of
the civil service law.

2. a. Where, and to the extent that, the agreement between the state
and an employee organization entered into pursuant to article fourteen
of the civil service law so provides on behalf of the employees in the
collective negotiating unit consisting of commissioned and
non-commissioned officers in the division of state police, established
pursuant to article fourteen of the civil service law, and upon audit
and warrant of the state comptroller, the director shall provide for the
payment of monies 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 provisions of such agreement providing for such employee
benefit fund. Such amounts are to be determined consistent with said
agreement, including any and all monies agreed to be transferred in said
agreement, and on the basis of the number of full-time annual salaried
employees, other than full-time seasonal employees, on the payroll on
March first, two thousand eighteen for payments to be made on April
first, two thousand eighteen, the number of full-time annual salaried
employees, other than full-time seasonal employees, on the payroll on
March first, two thousand nineteen for payments to be made on April
first, two thousand nineteen, the number of full-time annual salaried
employees, other than full-time seasonal employees, on the payroll on
March first, two thousand twenty for payments to be made on April first,
two thousand twenty, the number of full-time annual salaried employees,
other than full-time seasonal employees, on the payroll on March first,
two thousand twenty-one for payments to be made on April first, two
thousand twenty-one, and the number of full-time annual salaried
employees, other than full-time seasonal employees, on the payroll on
March first, two thousand twenty-two for payments to be made on April
first, two thousand twenty-two. The amounts, 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 state comptroller will establish
procedures to ensure repayment from said special or administrative
funds. The director shall enter into an agreement with the employee
organization that sets forth the specific terms and conditions for the
transmittal of monies pursuant to this section. Payments made pursuant
to this paragraph and paragraph a-1 of this subdivision shall be made to
the same fund as set forth in the agreement between the director and the
employee organization that represents the employees covered by the
provisions of this paragraph and paragraph a-1 of this subdivision.

a-1. Where, and to the extent that, the 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 in the
collective negotiating unit consisting of troopers in the division of
state police, established pursuant to article fourteen of the civil
service law, and upon audit and warrant of the state comptroller, the
director shall provide for the payment of monies 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 provisions of such
agreement providing for such employee benefit fund. Such amounts are to
be determined consistent with said agreement, including any and all
monies agreed to be transferred in said agreement, and on the basis of
the number of full-time annual salaried employees, other than full-time
seasonal employees, on the payroll on March first, two thousand eighteen
for payments to be made on April first, two thousand eighteen, the
number of full-time annual salaried employees, other than full-time
seasonal employees, on the payroll on March first, two thousand nineteen
for payments to be made on April first, two thousand nineteen, the
number of full-time annual salaried employees, other than full-time
seasonal employees, on the payroll on March first, two thousand twenty
for payments to be made on April first, two thousand twenty, the number
of full-time annual salaried employees, other than full-time seasonal
employees, on the payroll on March first, two thousand twenty-one for
payments to be made on April first, two thousand twenty-one, and the
number of full-time annual salaried employees, other than full-time
seasonal employees, on the payroll on March first, two thousand
twenty-two for payments to be made on April first, two thousand
twenty-two. The amounts, 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 state comptroller will establish procedures to ensure repayment
from said special or administrative funds. The director shall enter into
an agreement with the employee organization that sets forth the specific
terms and conditions for the transmittal of monies pursuant to this
section. Payments made pursuant to this paragraph and paragraph a of
this subdivision shall be made to the same fund as set forth in the
agreement between the director and the employee organization that
represents the employees covered by the provisions of this paragraph and
paragraph a of this subdivision.

* b. Pursuant to the terms of an agreement negotiated between the
executive branch of the state of New York and the employee organization
representing the collective negotiating unit consisting of
investigators, senior investigators, and investigative specialists in
the division of state police, and upon audit and warrant of the state
comptroller, the director shall provide for the payment of monies to
such employee organization for the establishment and maintenance of an
employee benefit fund established by the employee organization for the
employees in the collective negotiating unit covered by the controlling
provisions of such agreement providing for such employee benefit fund,
such amount to be determined consistent with said agreement, including
any and all monies agreed to be transferred in said agreement, and on
the basis of the number of full-time annual salaried employees, other
than full-time seasonal employees, on the payroll on March first, two
thousand eleven, for payments to be made on April first, two thousand
eleven, and on the payroll on March first, two thousand twelve, for
payments to be made on April first, two thousand twelve and on the
payroll on March first, two thousand thirteen, for payments to be made
on April first, two thousand thirteen and on the payroll on March first,
two thousand fourteen, for payments to be made on April first, two
thousand fourteen and on the payroll on March first, two thousand
fifteen, for payments to be made on April first, two thousand fifteen
and on the payroll on March first, two thousand sixteen for payments to
be made on April first, two thousand sixteen and on the payroll on March
first, two thousand seventeen for payments to be made on April first,
two thousand seventeen. 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 state comptroller shall establish procedures to ensure
repayment from said special or administrative funds. The director shall
enter into an agreement with an employee organization, which sets forth
the specific terms and conditions for the transmittal of monies pursuant
to this section.

* NB Effective until certain conditions are met as set forth in
chapter 337 of 2019 Part A § 25

* b. Pursuant to the terms of an agreement negotiated between the
executive branch of the state of New York and the employee organization
representing the collective negotiating unit consisting of
investigators, senior investigators, and investigative specialists in
the division of state police, and upon audit and warrant of the state
comptroller, the director shall provide for the payment of monies to
such employee organization for the establishment and maintenance of an
employee benefit fund established by the employee organization for the
employees in the collective negotiating unit covered by the controlling
provisions of such agreement providing for such employee benefit fund,
such amount to be determined consistent with said agreement, including
any and all monies agreed to be transferred in said agreement, and on
the basis of the number of full-time annual salaried employees, other
than full-time seasonal employees, on the payroll on March first, two
thousand eighteen, for payments to be made on April first, two thousand
eighteen, and on the payroll on March first, two thousand nineteen, for
payments to be made on April first, two thousand nineteen and on the
payroll on March first, two thousand twenty, for payments to be made on
April first, two thousand twenty and on the payroll on March first, two
thousand twenty-one, for payments to be made on April first, two
thousand twenty-one and on the payroll on March first, two thousand
twenty-two, for payments to be made on April first, two thousand
twenty-two. 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 state comptroller shall establish procedures to ensure
repayment from said special or administrative funds. The director shall
enter into an agreement with an employee organization, which sets forth
the specific terms and conditions for the transmittal of monies pursuant
to this section.

* NB Effective upon certain conditions being met as set forth in
chapter 337 of 2019 Part A § 25

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 the 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 act, general or special, the provisions of this
section shall be controlling.