Section 64-A. Patent policy

1.  Notwithstanding the provisions of section
  one hundred thirty-five of the civil service law, the  participation  in
  royalty  or  other  arrangements  may  be  extended  or  the  payment of
  additional compensation may be made to an employee of a state department
  or of an agency, in addition  to  such  employee's  definite  salary  or
  compensation,  provided such participation or additional compensation is
  pursuant to a patent policy approved for such department  or  agency  by
  the director of the budget and the state comptroller. Such participation
  or  additional  compensation  shall  not  affect  the entitlement of the
  employee to any regular pay, annuity or award to  which  he  or  she  is
  otherwise  entitled  or  for which he or she is otherwise eligible under
  the civil service law or any  other  applicable  statute  shall  not  be
  included  as  compensation for the purposes of computing overtime pay or
  for retirement purposes.
    2. The  department  and  agency  patent  policies  in  effect  on  the
  effective  date  of  this  section  shall  be continued.   Such existing
  policies, unless promulgated pursuant to article eight of the  education
  law,  shall be subject to the approval of the director of the budget and
  the state comptroller.
    3. A state department or agency may, after the effective date of  this
  section,  adopt  a  patent  policy,  or amend a patent policy previously
  approved by the director of the budget for such agency, subject  to  the
  approval  of  the  director of the budget, the state comptroller and the
  director of the office of  employee  relations.  Where  such  policy  or
  amendment  affects  a  term  or  condition of employment, such policy or
  amendment shall be adopted in accordance with the provisions of  article
  fourteen of the civil service law.
    4. Any such patent policy shall contain an express provision requiring
  the   comptroller's  approval  of  any  transfer  of  patents  or  other
  technologies by, or for the benefit of, the state.