§ 207-d. Employee benefit fund; agency police 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 police services unit and is a police officer
pursuant to subdivision thirty-four of section 1.20 of the criminal
procedure 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 agency
police 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 March first, two thousand nineteen for
payments to be made on April first, two thousand nineteen, on the
payroll on March first, two thousand twenty for payments to be made on
April first, two thousand twenty, on the payroll on March first, two
thousand twenty-one for payments to be made on April first, two thousand
twenty-one, and on the payroll on March first, two thousand twenty-two
for payments to be made on April first, two thousand twenty-two. 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 shall 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.