Section 207-D. Employee benefit fund; agency law enforcement services unit

1.  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 agency law enforcement services unit and is a police
  officer pursuant to subdivision  thirty-four  of  section  1.20  of  the
  criminal procedure law or a forest ranger 1 or a forest ranger 2.
    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  agency
  law  enforcement  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 three falls for payments to be  made  on
  April  first,  two  thousand  three  and  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.  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.
    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 or she 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  in  this  section  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.