§ 209. Employee benefit fund; professional 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 in the service of the state of New
York who is appointed to and serving in a position contained within the
collective negotiating unit designated as the professional services
negotiating unit in the state university of New York established
pursuant to article fourteen of the civil service law who is eligible
for full or partial per capita contributions to an employee benefit fund
pursuant to the terms of an agreement between the state and an employee
organization representing employees in such negotiating unit.

2. Where, on the effective date of this section, 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 in the collective negotiating unit
designated as the professional services negotiating unit in the state
university of New York 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 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 provisions
of such agreement providing for such employee benefit fund, such amount
to be determined consistent with the procedure established in said
agreement but, 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 and the state
university of New York unless there is an agreement entered into
pursuant to such article fourteen between the state and such employee
organization for the determination during a different payroll period of
the number of employees in positions which are on an appointment cycle
which does not place them on payroll at the time that such number of
employees would otherwise be determined. The amount, which will be
determined pursuant to this section, for employees who are paid from
special or administrative fund or funds of the state, 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 monies
pursuant to this section.

3. Such employee organization shall periodically as specified by the
director of employee relations, 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 of employee relations.

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 monies 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
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 pursuant to the
terms and conditions 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.