Section 201-B. Qualified transportation fringe benefit program for certain state officers and employees

1. This section shall apply  to  employees
  as  set  forth  in  subdivision one of section two hundred one-a of this
  article.
    2. The director  of  employee  relations,  in  consultation  with  the
  director   of  the  budget  and  the  president  of  the  civil  service
  commission, is authorized to establish a qualified transportation fringe
  benefit program consistent with section 132 of the internal revenue code
  and regulations adopted pursuant thereto,  and  implement  such  program
  subject to the approval of the director of the budget.
    3. At the request of an employee as defined in subdivision one of this
  section,  the comptroller shall, by payroll deduction, reduce the amount
  of compensation elected by the employee pursuant to program  regulations
  and  section  132(f)  of  the  internal  revenue code for the purpose of
  providing the employee with a qualified transportation fringe benefit as
  authorized in subdivision two of this section, and  shall  transfer  the
  amount so reduced to the authorized program administrator.
    4.  The  term  "program  administrator"  shall  mean  that  agent,  as
  determined by the director of employee relations,  responsible  for  the
  maintenance  and  management  of  the  qualified  transportation  fringe
  benefit program as authorized in subdivision two of this section.
    5. Moneys deducted from the salaries  of  employees  of  participating
  employers  shall  be  held by the program administrator as agent for the
  participating  employer  and  shall   be   accounted   for   separately.
  Notwithstanding  any law to the contrary, such moneys may be paid out by
  the program administrator without any appropriation by law. All payments
  of moneys by the program administrator shall be made only in  accordance
  with  the  qualified transportation fringe benefit program upon audit of
  the state comptroller.
    6. To the extent permitted by section 132 of the internal revenue code
  and regulations adopted pursuant thereto, any  salary  deducted  from  a
  participating   employee's   annual  compensation  for  the  purpose  of
  providing such employee with a qualified transportation  fringe  benefit
  shall  be  considered  part  of  annual  compensation for the purpose of
  computing retirement benefits.
    7. Notwithstanding any other law, rule, or regulation to the contrary,
  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 on behalf of employees  in  a  collective  negotiating
  unit  established  pursuant to article fourteen of the civil service law
  provides for a qualified transportation fringe benefit provided by  this
  section,   such   qualified   transportation  fringe  benefit  shall  be
  established in accordance with such agreement.