A. 2447 2
assure the proper implementation and administration of agreements
reached pursuant to such negotiations, and to assist the governor and
direct and coordinate the state's efforts with regard to the state's
powers and duties under the public employees' fair employment act.
S 651. Definition. For the purposes of this article, "director"
shall mean the director of employee AND RETIREE relations.
S 652. Office of employee AND RETIREE relations; director. There is
hereby created an office of employee AND RETIREE relations in the execu-
tive department. The head of the office of employee AND RETIREE
relations shall be the director of employee AND RETIREE relations who
shall be appointed by, and hold office at the pleasure of, the governor.
[He] SUCH DIRECTOR shall receive a salary to be fixed by the governor
within the amount appropriated therefor. The director may appoint such
deputies, assistants, consultants and other employees as may be needed
for the performance of his OR HER duties and may prescribe their powers
and duties and fix their compensation within the amount appropriated
therefor. Such office may have an office seal.
S 653. Powers and duties. The director shall assist the governor
with regard to relations between the state and its employees. Such
assistance may include acting as the governor's agent in discharging the
powers and duties conferred on the governor by the public employees'
fair employment act, as amended, including, without limitation, conduct-
ing collective negotiations with recognized or certified employee organ-
izations and executing agreements reached pursuant thereto. The direc-
tor shall have such other and further powers and duties as may from time
to time be conferred upon him OR HER by law and as the governor may from
time to time request. Nothing contained herein shall be interpreted to
enlarge, diminish or otherwise change any power or duty of the governor
or legislature under said act or otherwise.
S 653-A. BUREAU FOR RETIRED EMPLOYEES. A. THE DIRECTOR SHALL ESTAB-
LISH A BUREAU OF RETIREE RELATIONS WHICH SHALL ASSIST THE DIRECTOR ON
ALL MATTERS AFFECTING RETIRED STATE EMPLOYEES INCLUDING BUT NOT LIMITED
TO HEALTH INSURANCE, HEALTH EDUCATION, AND OTHER BENEFITS INCLUDING
COST-OF-LIVING LONGEVITY SUPPLEMENTS.
B. IN ADDITION, AN ADVISORY COUNCIL SHALL BE ESTABLISHED WITHIN THE
OFFICE COMPOSED OF NINE MEMBERS WHO ARE RETIREES FROM STATE SERVICE AND
CURRENT MEMBERS OF STATEWIDE ASSOCIATIONS OR UNIONS OF PUBLIC EMPLOYEES.
ONE MEMBER SHALL BE ELECTED BY THE MEMBERSHIP TO SERVE AS CHAIRPERSON.
THREE MEMBERS EACH SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY AND THE GOVERNOR. THE PURPOSE OF THE
COUNCIL SHALL BE TO ADVISE THE DIRECTOR ON THE NEEDS OF RETIREES WHICH
PERTAIN TO RETIREE BENEFITS AND SERVICES.
C. THE COUNCIL SHALL MEET FROM TIME TO TIME BUT NO LESS THAN FOUR
TIMES A YEAR.
D. THE MEMBERS OF THE ADVISORY COUNCIL SHALL SERVE WITHOUT SALARY BUT
EACH MEMBER SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES.
S 654. Actions by other officers, departments, boards, commissions or
agencies. a. Notwithstanding any inconsistent provision of law, any
state officer, department, board, commission or agency, shall, upon
written request from the director, take such administrative or other
action as is necessary to implement and administer the provisions of any
binding agreement between the state and one or more employee organiza-
tions representing state employees pursuant to the public employees'
fair employment act, as amended AND MATTERS AFFECTING RETIRED STATE
EMPLOYEES. Such action may include, without limitation, the adoption,
A. 2447 3
repeal or amendment of rules, regulations or other procedures. Without
prejudice to the rights of an employee organization under such agree-
ment, the opinion of the attorney general shall be conclusive in resolv-
ing any disagreement between the director and any such officer, depart-
ment, board, commission or agency regarding any legal question arising
out of such a request, including, without limitation, whether the agree-
ment is binding, whether compliance with the request is necessary to
implement or administer the agreement and whether compliance with the
request is legally possible.
b. All state officers, departments, boards, commissions and agencies
are authorized and directed to provide such other and further assist-
ance, services and data as may be necessary to allow the director prop-
erly to carry out [his] THE functions, powers and duties PRESCRIBED
UNDER THIS ARTICLE.
S 2. Paragraph (b) of subdivision 16 of section 94 of the executive
law, as amended by chapter 14 of the laws of 2007, is amended to read as
follows:
(b) Conduct training programs in cooperation with the governor's
office of employee AND RETIREE relations to provide education to indi-
viduals subject to its jurisdiction; and
S 3. Subdivision 3 of section 169 of the executive law, as added by
chapter 263 of the laws of 1987, is amended to read as follows:
3. Notwithstanding any other provision of this section or any other
provision of law, the boards of trustees of the state university of New
York and the city university of New York shall each establish and imple-
ment salary plans for the chancellors, presidents and senior staffs of
such state and city universities, respectively. The board of regents
shall establish and implement a separate salary plan for the president
of the university of the state of New York, setting forth the compen-
sation to be received by the president for performing the duties of that
office assigned by the rules of the regents or statute, which shall be
in addition to the compensation received by such person pursuant to the
provisions of subdivisions one and two of this section. Such salary
plans shall be developed after consultation with the governor's office
of employee AND RETIREE relations and the division of the budget. Any
increase in compensation for the positions set forth in this subdivi-
sion, not otherwise funded from any appropriation, shall be funded from
reallocations of funds within the appropriations specifically identified
by the aforementioned boards. Each board of trustees and the board of
regents shall file a proposed salary plan report with the chairs of the
senate finance committee and the assembly ways and means committee and
the director of the budget at least sixty days prior to the effective
date of such salary plan. Each salary plan report shall set forth the
salary schedule, the dollar value of additional public compensation and
other employment benefits that such positions would receive, the specif-
ic sources of funding to be reallocated for salary increases, the amount
of increase to be provided to each position, the comparison salary data
on which the plan is based, and such other information as the boards of
trustees and the board of regents deem appropriate.
S 4. Paragraph (a) of subdivision 15 of section 501 of the executive
law, as amended by section 1 of part H of chapter 58 of the laws of
2006, is amended to read as follows:
(a) confer with the department of civil service, the governor's office
of employee AND RETIREE relations and any other state agency to develop
strategies which attempt to minimize the impact on the state workforce
by providing assistance in obtaining state employment in state-operated
A. 2447 4
community-based services or other employment opportunities, and to
develop strategies for the development of necessary retraining and rede-
ployment programs. In planning such strategies, the commissioner of the
office of children and family services shall provide for the partic-
ipation of the representatives of the employee labor organizations and
for the participation of managerial and confidential employees to ensure
continuity of employment;
S 5. Subdivision 2 of section 7-a of the civil service law, as added
by chapter 705 of the laws of 2006, is amended to read as follows:
2. The commission on increasing diversity in the state government
workforce shall be composed of fifteen members, to be appointed as
follows: nine members shall be appointed by the governor, three members
shall be appointed by the temporary president of the senate, and three
members shall be appointed by the speaker of the assembly. Of the nine
members appointed by the governor, at least one member shall represent
each of the following: the department, the office of employee AND RETI-
REE relations, the governor's appointments office, a prominent civil
rights organization representing blacks, a prominent civil rights organ-
ization representing Hispanics, and a prominent civil rights organiza-
tion representing Asians. All the members appointed by the temporary
president of the senate and the speaker of the assembly shall be repre-
sentatives of a protected class as established by federal statutory or
case law. Every member of the commission shall serve at the pleasure of
the official who appointed him or her. The members shall be broadly
representative of the geographic areas of the state and the diverse
minority communities of the state. The governor shall designate the
chair and vice-chair of the commission from among his or her appointees.
Vacancies in the membership of the commission shall be filled in the
manner provided for original appointments.
S 6. Subdivision 3 of section 79 of the civil service law, as added by
chapter 315 of the laws of 1995, is amended to read as follows:
3. Rulemaking authority. The commission shall adopt rules for carrying
into effect the provisions of this section, including rules providing
for the relinquishment of eligibility for appointment upon appointment
or upon failure or refusal to accept appointment from a redeployment
list. Additionally, notwithstanding any inconsistent provision of law,
rule, or regulation, an agreement between the state and an employee
organization recognized or certified pursuant to article fourteen of
this chapter can provide employment security rights and benefits where
the state has exercised its right to contract out for goods and
services. The commission upon receipt of a written request of the direc-
tor of employee AND RETIREE relations, is authorized to implement
provisions of such agreement consistent with the terms thereof and, to
the extent necessary, may adopt rules and regulations providing for the
benefits to be thereunder provided. The commission, with the approval of
the director of the budget, may extend such benefits in whole or in
part, to state employees excluded from collective negotiating units.
S 7. Subdivision 7 of section 134 of the civil service law, as added
by chapter 491 of the laws of 1969, is amended to read as follows:
[7.] 8. No rule, regulation or other procedure under this section
affecting state employees shall be adopted, repealed or amended without
the approval of the director of employee AND RETIREE relations.
S 8. Paragraph (c) of subdivision 1 of section 135 of the civil
service law, as amended by chapter 9 of the laws of 2005, is amended to
read as follows:
A. 2447 5
(c) employees in the office of general services who are specified as
eligible under a labor management memorandum of understanding with the
appropriate employee representative organization to participate in prac-
tices or programs constituting one or more pilot studies to evaluate the
effect of extra compensation on productivity, efficiency and overall
service delivery. The commissioner of general services in consultation
with the director of the governor's office of employee AND RETIREE
relations and the director of classification and compensation in the
department and with the approval of the director of the budget is hereby
authorized to direct the payment of extra compensation to such employ-
ees. Such extra compensation shall be paid pursuant to a specified plan
developed by the commissioner of general services which shall be effec-
tive when approved by the director of the budget. The payment of such
extra compensation shall be in addition to and shall not be part of an
employee's basic annual salary, and shall not affect or impair any
performance advancement payments, performance awards, longevity payments
or other rights or benefits to which an employee may be entitled.
Furthermore, any additional compensation payable pursuant to this subdi-
vision shall not be included as compensation for retirement purposes.
S 9. Subdivision 1 of section 158 of the civil service law, as amended
by section 4 of part C of chapter 56 of the laws of 2006, is amended to
read as follows:
1. The president, subject to the provisions of this section, is hereby
empowered to establish regulations relating to, and to enter into and
administer contracts providing for, a group term life insurance plan,
and a group accident and health insurance plan on behalf of legislators,
employees of the legislature hired on an annual basis, judges and
justices of the unified court system, and state employees and retired
employees who, for the purposes of article fourteen of this chapter,
have been for a period of time prescribed by the regulations and, except
for such retirees, continue to be in positions designated as managerial
or confidential positions. The president may authorize the inclusion in
the plan of such employees and retired employees of other governments or
public employers as defined in subdivision seven of section two hundred
one of this chapter. The president may adopt whatever other regulations
which may be necessary to fulfill the intentions of this section. No
regulation shall be adopted, repealed or amended, and no other action
taken with respect to such employees affecting the amount of, or eligi-
bility for, benefits or rates of contribution under this section without
the approval of the director of employee AND RETIREE relations.
The full costs of any insurance program or programs established pursu-
ant to this subdivision, excluding administrative costs, shall be borne
by insureds and retirees. Any interest earned by the moneys in the life
insurance fund shall be added to such fund, become a part of such fund,
be used for the purpose of such fund, and be available without fiscal
year limitation.
S 10. Subdivision 1 of section 159 of the civil service law, as
amended by chapter 1028 of the laws of 1981, is amended to read as
follows:
1. The president, subject to the approval of the director of employee
AND RETIREE relations and the director of the budget, is hereby
empowered to establish regulations relating to, and to enter into and
administer contracts or agreements providing for group insurance or mass
merchandising policies or programs for state employees in the executive
branch precluded from collective bargaining by subdivision five or
subdivision seven of section two hundred one of this chapter.
A. 2447 6
S 11. Section 159-a of the civil service law, as amended by chapter
583 of the laws of 1988, is amended to read as follows:
S 159-a. Disability program. Notwithstanding any other law, rule or
regulation to the contrary, where an agreement between the state and an
employee organization entered into pursuant to article fourteen of this
chapter so provides on behalf of employees in positions serving in the
collective negotiating unit created by chapter four hundred three of the
laws of nineteen hundred eighty-three, the director of employee AND
RETIREE relations is authorized to establish and implement a disability
program that will provide long term income protection for such employees
and the president is empowered to establish regulations to effect such
implementation. No regulation shall be adopted, repealed or amended, and
no other action taken with respect to such employees or such implementa-
tion without the approval of the director of employee AND RETIREE
relations. Notwithstanding any other law, rule or regulation to the
contrary, any employee who participates in or is covered by a disability
program authorized by this section shall receive retirement service
credit not to exceed six months during the period that he or she is
receiving the short term disability benefit under such program on the
same basis and at the same rate as such employee would receive such
credit were he or she on sick leave at half pay for the period of time
for which such employee would have been entitled to such sick leave at
half pay had the sick leave policy supplemented by the short term disa-
bility program remained in effect.
S 12. Subdivision 3 of section 160 of the civil service law, as added
by chapter 491 of the laws of 1969, is amended to read as follows:
3. Notwithstanding any inconsistent provision of this article, no rule
or regulation shall be adopted, repealed or amended, and no other action
taken with respect to state employees affecting the rate of or eligibil-
ity for benefits under this article, without the approval of the direc-
tor of employee AND RETIREE relations.
S 13. Subdivision 1 of section 161-a of the civil service law, as
amended by chapter 302 of the laws of 1985, is amended to read as
follows:
1. Where, and to the extent that, an agreement between the state and
an employee organization entered into pursuant to article fourteen of
this chapter provides for health insurance benefits, the president,
after receipt of written directions from the director of employee AND
RETIREE relations, shall implement the provisions of such agreement
consistent with the terms thereof and to the extent necessary shall
adopt regulations providing for the benefits to be thereunder provided.
The president, with the approval of the director of the budget, may
extend such benefits, in whole or in part, to employees not subject to
the provisions of such agreement.
S 14. The opening paragraph of section 165-a of the civil service law,
as amended by chapter 467 of the laws of 1991, is amended to read as
follows:
Notwithstanding any other provision of law to the contrary, the presi-
dent shall permit the unremarried spouse and the dependents, otherwise
qualified as eligible for coverage under regulations of the president,
of a person who was an employee of the state and/or of a political
subdivision thereof or of a public authority for not less than ten
years, provided however, that the ten-year service requirement shall not
apply to such employees on active military duty in connection with the
Persian Gulf conflict who die on or after August second, nineteen
hundred ninety while in the Persian Gulf combat zone or while performing
A. 2447 7
such military duties, who had been a participant in any of the state
health insurance plans, to continue under the coverage which such
deceased employee had in effect at the time of death, upon the payment
at intervals determined by the president of the full cost of such cover-
age, provided, however, that the unremarried spouse of an active employ-
ee of the State who died on or after April first nineteen hundred seven-
ty-five and before April first nineteen hundred seventy-nine who timely
elected to continue dependent coverage, or such unremarried spouse who
timely elected individual coverage shall continue to pay at intervals
determined by the president one-quarter of the full cost of dependent
coverage and provided further, that, with regard to employees of the
State, where and to the extent that an agreement pursuant to article
fourteen of this chapter so provides, or where the director of employee
AND RETIREE relations, with respect to employees of the State who are
not included within a negotiating unit so recognized or certified pursu-
ant to article fourteen of this chapter whom the director of employee
relations determines should be declared eligible for the continuation of
health insurance plans for the survivors of such employees of the State,
the president shall adopt regulations providing for the continuation of
such health insurance by the unremarried spouse of an active employee of
the State who died on or after April first nineteen hundred seventy-nine
who elects to continue dependent coverage, or such unremarried spouse
who elects individual coverage, and upon such election shall pay at
intervals determined by the president one-quarter of the full cost of
dependent coverage and, provided further with respect to enrolled
employees of a political subdivision or public authority in a negotiat-
ing unit recognized or certified pursuant to article fourteen of this
chapter, where an agreement negotiated pursuant to said article so
provides, and with respect to enrolled employees of a political subdivi-
sion or public authority not included within a negotiating unit so
recognized or certified, at the discretion of the appropriate political
subdivision or public authority, the unremarried spouse of an active
employee of the political subdivision or of the public authority who
died on or after April first nineteen hundred seventy-five, may elect to
continue dependent coverage or such unremarried spouse may elect indi-
vidual coverage and upon such election shall pay at intervals determined
by the president one-quarter of the full cost of dependent coverage.
S 15. Subdivision 2 of section 171 of the civil service law, as added
by chapter 585 of the laws of 1998, is amended to read as follows:
2. Notwithstanding any inconsistent provision of this article, no rule
or regulation shall be adopted, repealed or amended, and no other action
taken with respect to state employees affecting the rate or eligibility
for benefits under this article, without the approval of the director of
employee AND RETIREE relations.
S 16. Subdivision 1 of section 79-a of the correction law, as amended
by section 2 of part D of chapter 63 of the laws of 2005, is amended to
read as follows:
1. confer with the department of civil service, the governor's office
of employee AND RETIREE relations and any other appropriate state agen-
cies to develop strategies which attempt to minimize the impact of the
closure on the state work force;
S 17. Section 79-b of the correction law, as amended by section 2 of
part D of chapter 63 of the laws of 2005, is amended to read as follows:
S 79-b. Adaptive reuse plan for consideration prior to prison closure.
Not later than six months prior to the effective date of closure of a
correctional facility, the commissioner shall, in consultation with the
A. 2447 8
commissioners of economic development, civil service and the division of
criminal justice services and the director of the governor's office of
employee AND RETIREE relations, provide a report for an adaptive reuse
plan for any facility slated for closure which will evaluate the commu-
nity impact of the proposed closure including but not limited to the
following factors: the potential to utilize the property for another
state government purpose, including for a new purpose as part of the
state criminal justice system; potential for the sale or transfer of the
property to a local government or other governmental entity; potential
for the sale of the property to a private entity for development into a
business, residential or other purpose; community input for local devel-
opment; and the condition of the facility and the investments required
to keep the structure in good repair, or to make it viable for reuse.
S 18. Section 6208 of the education law, as added by chapter 305 of
the laws of 1979, is amended to read as follows:
S 6208. Collective negotiation. For the purposes of article fourteen
of the civil service law, the city university of New York shall be
deemed to be the public employer and as such shall negotiate with and
enter into written agreements with employee organizations representing
the instructional staff and non-instructional staff of the senior
colleges and community colleges of such university that have been certi-
fied or recognized under such article. For purposes of such article,
the chancellor of the city university shall be deemed to be the chief
executive officer, the chief legal officer of the city university shall
be chief legal officer, and the legislature of the state of New York
shall be deemed to be the legislative body of the government. In carry-
ing on such negotiations, the city university of New York shall consult
with and seek assistance from the state office of employee AND RETIREE
relations and the New York city office of municipal labor relations.
The state public employment relations board shall have exclusive juris-
diction for the purpose of administering the provisions of such article
and the provisions of section two hundred twelve of such article shall
not be applicable to any such negotiations.
S 19. The opening paragraph of paragraph 4 of subdivision (b) of
section 5.07 of the mental hygiene law, as amended by chapter 723 of the
laws of 1993, is amended to read as follows:
The commissioner of mental health in consultation with the department
of civil service, the office of employee AND RETIREE relations and any
other appropriate state agency, shall prepare for the governor and the
legislature a written evaluation report concerning the retraining and
continuation of employment of persons whose employment in a state-oper-
ated hospital listed in section 7.17 of this chapter may be terminated
because of planned closure or consolidation of such state-operated
hospital. Such report shall include, but not be limited to:
S 20. Paragraph 1 of subdivision (e) of section 7.17 of the mental
hygiene law, as amended by chapter 170 of the laws of 1994, is amended
to read as follows:
1. confer with the department of civil service, the governor's office
of employee AND RETIREE relations and any other state agency to develop
strategies which attempt to minimize the impact on the state workforce
by providing assistance in obtaining state employment in state-operated
community-based services or other employment opportunities, and to
develop strategies for the development of necessary retraining and rede-
ployment programs. In planning such strategies, the commissioner shall
provide for the participation of the representatives of the employee
A. 2447 9
labor organizations and for the participation of managerial and confi-
dential employees to ensure continuity of employment;
S 21. Section 19-a of the military law, as added by chapter 106 of the
laws of 2003, is amended to read as follows:
S 19-a. Family liaison officer. The adjutant general shall designate
family liaison officers to provide assistance to the families of those
military personnel who have been deployed for active military duty,
other than training. Such officer shall coordinate his or her duties
with the state's employee assistance program that is maintained by the
office of employee AND RETIREE relations. The assistance provided by
such officer shall include, but not be limited to: (a) serving as liai-
son between the families of service personnel and the department of
defense; (b) providing information on family assistance programs that
are available from the state and federal government; (c) ensuring that
the families of those military personnel on active duty receive appro-
priate support and assistance. A family liaison officer shall be avail-
able beginning on the date of any declaration of war by the Congress
through the date prescribed by presidential proclamation or concurrent
resolution of Congress, or during any periods of combat as designated by
presidential executive orders. The family liaison officer may be
assisted in his or her duties by such staff under the jurisdiction of
the adjutant general that may be necessary to perform the duties of such
position.
S 22. The opening paragraph of subdivision 1 of section 3558 of the
public authorities law, as added by chapter 5 of the laws of 1997, is
amended to read as follows:
The employees of the corporation shall, for all purposes of article
fourteen of the civil service law, be deemed to be employees of the
state of New York and shall be employed within the current state of New
York bargaining unit designations of either the professional, scientific
and technical unit, the administration services unit, operational
services unit, institutional services unit or security services unit.
The governor's office of employee AND RETIREE relations shall, for all
purposes of article fourteen of the civil service law, act as agent for
the corporation, and shall, with respect to the corporation, have all
the powers and duties provided under sections six hundred fifty through
six hundred fifty-four of the executive law. Those persons who become
employees of the corporation pursuant to subdivision one of this section
or who enter into the service of the corporation following the effective
date of the transfer shall retain their current bargaining unit desig-
nations in either the professional, scientific and technical services
unit, the administrative services unit, the institutional services unit,
the operational services unit, the security services unit or the securi-
ty supervisors unit of state employees. The corporation and the state
shall recognize the existing certified or recognized employee organiza-
tions for state employees as the exclusive collective bargaining repre-
sentatives for such employees.
S 23. Subdivision 3 of section 64-a of the public officers law, as
added by chapter 453 of the laws of 1989, is amended to read as follows:
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 AND RETIREE relations. Where such
policy or amendment affects a term or condition of employment, such
A. 2447 10
policy or amendment shall be adopted in accordance with the provisions
of article fourteen of the civil service law.
S 24. Subdivision 12-d of section 8 of the state finance law, as
amended by section 5 of part A of chapter 10 of the laws of 2008, is
amended to read as follows:
12-d. Notwithstanding any inconsistent provision of the court of
claims act, examine, audit and certify for payment any claim submitted
and approved by the head of a state department or agency, other than a
department or agency specified in subdivision twelve of this section,
for personal property of an employee damaged or destroyed in the course
of the performance of official duties without fault on his part by an
inmate, patient or client of such department or agency after March thir-
ty-first, two thousand seven and prior to April first, two thousand
eleven, provided no such claim may be certified for payment to an offi-
cer or employee who is in a collective negotiating unit until the direc-
tor of employee AND RETIREE relations shall deliver to the comptroller a
certificate that there is in effect with respect to such negotiating
unit a written collectively negotiated agreement with the state pursuant
to article fourteen of the civil service law which provides therefor.
Payment of any such claim shall not exceed the sum of three hundred
dollars. No person submitting a claim under this subdivision shall have
any claim for damages to such personal property approved pursuant to the
provision of subdivision four of section five hundred thirty of the
labor law or any other applicable provision of law.
S 25. Section 136-c of the state finance law, as added by section 10
of part B of chapter 68 of the laws of 2000, is amended to read as
follows:
S 136-c. Contracts for employee training and organizational develop-
ment services. The director of employee AND RETIREE relations is hereby
authorized to enter into contracts for use by all state departments and
agencies for services to support employee training and organizational
development initiatives. Pursuant to procedures developed by the direc-
tor of employee AND RETIREE relations in consultation with the state
comptroller, agencies shall be permitted to access such contracts
directly in a manner similar to that used for centralized commodity
contracts let by the commissioner of general services pursuant to
section one hundred sixty-three of [the state finance law] THIS CHAPTER.
Nothing contained [herein] IN THIS SECTION shall preclude the director
of employee AND RETIREE relations from adherence to New York state
bidding requirements or any other law, rule or regulation governing the
purchase of consultant services. Further, nothing contained [herein] IN
THIS SECTION shall restrict or preclude state departments or agencies
from procuring such training and organizational development services
directly without consideration of contracts let by the director of
employee AND RETIREE relations.
S 26. Subdivision 2 of section 200 of the state finance law, as added
by chapter 78 of the laws of 1982, is amended to read as follows:
2. Notwithstanding the provisions of subdivision one of this section,
where the state and an employee organization representing state officers
and employees who are in positions which are in collective negotiating
units established pursuant to article fourteen of the civil service law
enter into an agreement providing for an alternative procedure for the
payment of salaries to such employees or where the director of employee
AND RETIREE relations shall authorize an alternative procedure for the
payment of salaries to state officers or employees in the executive
branch who are in positions which are not in collective negotiating
A. 2447 11
units, such alternative procedure shall be implemented in lieu of the
procedure specified in subdivision one of this section.
S 27. Subdivision 2 of section 201 of the state finance law, as
amended by chapter 233 of the laws of 1992, is amended to read as
follows:
2. The comptroller is hereby authorized to deduct from the salary of
any employee of the state such amount as such employee may specify in
writing filed in a manner determined by the comptroller for the payment
of membership dues in a duly organized association or organization of
civil service employees or faculty members of the state university and
to transmit the sums so deducted to the said association or organiza-
tion. Any such written authorization may be withdrawn by such employee
at any time upon filing written notice of such withdrawal in a manner
determined by the comptroller. The foregoing notwithstanding, and
subject to the provisions of article fourteen of the civil service law,
such deductions and transmittals shall be terminated as to one or more
such associations or organizations in accordance with the written
directions of the director of employee AND RETIREE relations, not more
than thirty days after receipt by the comptroller of such directions.
The deductions and transmittals which were the subject of such
directions shall not thereafter be resumed without the written approval
of such director.
S 28. Subdivisions 2 and 4 of section 201-a of the state finance law,
as added by chapter 732 of the laws of 1988, are amended to read as
follows:
2. The director of employee AND RETIREE relations, in consultation
with the director of the budget and the president of the civil service
commission, is authorized to establish a flexible benefits program
consistent with sections seventy-nine, one hundred five, one hundred
six, one hundred twenty-five and one hundred twenty-nine of the internal
revenue code and regulations adopted pursuant thereto, and implement
such program subject to the approval of the director of the budget.
4. The term "program administrator" shall mean that agent, as deter-
mined by the director of employee AND RETIREE relations, responsible for
the maintenance and management of flexible spending accounts as author-
ized in subdivision two of this section.
S 29. Subdivisions 2 and 4 of section 201-b of the state finance law,
as added by section 11 of part B of chapter 68 of the laws of 2000, are
amended to read as follows:
2. The director of employee AND RETIREE 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.
4. The term "program administrator" shall mean that agent, as deter-
mined by the director of employee AND RETIREE relations, responsible for
the maintenance and management of the qualified transportation fringe
benefit program as authorized in subdivision two of this section.
S 30. Subdivision 5 of section 202 of the state finance law, as sepa-
rately added by chapters 405 and 957 of the laws of 1981, is amended to
read as follows:
5. The director of the budget shall, with the approval of the director
of employee AND RETIREE relations, prescribe and amend such regulations
as may be necessary to carry out the provisions of this section. Such
regulations may include, but need not be limited to, provisions (a)
A. 2447 12
prescribing standards, criteria, and procedures for determining eligi-
bility for reimbursement of travel and moving expenses in accordance
with the provisions of this section, and, if deemed advisable by the
budget director, enumerating positions or classes or groups of positions
for which he has determined that, upon transfer, reassignment or
promotion, travel and moving expenses shall or shall not be payable
under this section;
(b) fixing maximum dollar limitations on reimbursement for travel and
moving expenses pursuant to this section;
(c) excluding or limiting reimbursement for expenses for moving less
than a prescribed minimum distance, for moving household goods and
possessions in excess of a prescribed maximum weight, or for storage or
living expenses.
S 31. Paragraph a of subdivision 1 of section 206 of the state finance
law, as separately added by chapters 405 and 957 of the laws of 1981, is
amended to read as follows:
a. "Director" shall mean the director of employee AND RETIREE
relations.
S 32. Paragraph a of subdivision 1 of section 206-a of the state
finance law, as added by chapter 394 of the laws of 1984, is amended to
read as follows:
a. "Director" shall mean the director of employee AND RETIREE
relations.
S 33. Paragraph a of subdivision 1 of section 207 of the state finance
law, as amended by chapter 78 of the laws of 1982, is amended to read as
follows:
a. "Director" shall mean the director of employee AND RETIREE
relations.
S 34. Paragraph a of subdivision 1 of section 207-a of the state
finance law, as added by chapter 305 of the laws of 1985, is amended to
read as follows:
a. "Director" shall mean the director of employee AND RETIREE
relations.
S 35. Paragraph a of subdivision 1 of section 207-b of the state
finance law, as added by chapter 313 of the laws of 1985, is amended to
read as follows:
a. "Director" shall mean the director of employee AND RETIREE
relations.
S 36. Paragraph a of subdivision 1 of section 207-c of the state
finance law, as added by chapter 510 of the laws of 1986, is amended to
read as follows:
a. "Director" shall mean the director of employee AND RETIREE
relations.
S 37. Paragraph (a) of subdivision 1 of section 207-d of the state
finance law, as added by chapter 114 of the laws of 2006, is amended to
read as follows:
(a) "Director" shall mean the director of employee AND RETIREE
relations.
S 38. Paragraph a of subdivision 1 of section 209 of the state finance
law, as added by chapter 924 of the laws of 1982, is amended to read as
follows:
a. "Director" shall mean the director of employee AND RETIREE
relations.
S 39. This act shall take effect immediately.