Section 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 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 seven, falls for payments to be made on
  April first, two thousand seven, on the last day of the  payroll  period
  in  which  March first, two thousand eight falls for payments to be made
  on April first, two thousand eight. 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 three falls for payments to be  made  on
  April  first,  two thousand three, on the last day of the payroll period
  in which March first, two thousand four falls for payments to be made on
  April first, two thousand four, on the last day of the payroll period in
  which March first, two thousand five falls for payments to  be  made  on
  April first, two thousand five and on the last day of the payroll period

  in  which March first, two thousand six falls for payments to be made on
  April first, two thousand 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 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.