§ 201. Deductions from salaries. 1. The comptroller of the state is
hereby authorized to deduct from the salary of any employee of the state
such amount as such employee may specify in writing filed with the
comptroller within the minimum and maximum amounts prescribed by the
comptroller for the purchase for such employee of United States bonds
and for contribution to federated community campaigns for health,
welfare and recreational purposes on behalf of such employee and to the
account of such employee with such federated community campaign. The
comptroller is hereby authorized to make such rules and regulations
governing the purchase of said bonds and contributions to federated
community campaigns as he deems necessary, such rules and regulations to
be incorporated in the employee's written authorization of payroll
deduction filed in a manner determined by the comptroller. 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written authorization may be withdrawn by such employee at any time upon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. As used in this section, "federated community campaign"
means a charitable non-profit organization which solicits funds for
distribution among a substantial number of charitable non-profit
organizations, which has been approved as such by the commissioner of
general services. The commissioner of general services shall approve no
more than one federated community campaign within a county or group of
counties in which such campaign is operating. He shall not approve a
federated community campaign in any county or group of counties where,
in his opinion and judgment, the number of state employees to be
solicited by such campaign is too small to make deductions or
contributions by the comptroller practicable or feasible. The
commissioner of general services shall have power to make such
reasonable rules and regulations not inconsistent with the law, as may
be necessary for the exercise of his authority under this section.
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
organization. Any such written authorization shall remain in effect in
accordance with subdivision one of section two hundred eight of the
civil service law. 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 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.
3. The comptroller is hereby authorized to deduct from the salary of
any employee of the state in the executive branch whose position is
designated managerial or confidential pursuant to article fourteen of
the civil service law, employees covered by section nineteen of the
correction law, employees in the professional service in the state
university which are designated, stipulated or excluded from negotiating
units as managerial or confidential as defined pursuant to article
fourteen of the civil service law, employees covered by paragraph (a) of
subdivision one of section two hundred fifteen of the executive law or
in the division of military and naval affairs of the executive
department or excluded from representation rights under article fourteen
of the civil service law pursuant to rules or regulations of the public
employment relations board, judges and justices of the unified court
system and nonjudicial employees thereof not in collective negotiating
units, such amount as such employee may specify in writing filed in a
manner determined by the comptroller for the payment of insurance
premiums for a group insurance plan, or a wholesale, franchise or
similar mass-marketed insurance policy or program and transmit
deductions so withheld to the insurance or other company, organization,
or agency issuing or administering said policy. Any such written
authorization may be withdrawn by the employee at any time upon filing
written notice of such withdrawal in a manner determined by the
comptroller, or such deduction may be terminated on notice to the
comptroller by the insurance or other company, organization or agency in
accordance with the terms of the policy.
4. 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 to be filed with the payroll officer of the employee's agency
within the minimum and maximum amounts specified by the comptroller for
the repayment of defaulted higher education guaranteed student loans,
national defense or national direct student loans owed to higher
education services corporation or to the state by the employee or for
the payment of fees, fines, penalties and other obligations owed to the
state by the employee, including recurring parking permit fees, and for
payment to credit unions in payment for shares, repayment of loans and,
subject to regulations of the comptroller, other purposes within the
powers of a credit union except for payment for any form of insurance
policy other than life insurance ancillary to a loan and to transmit the
sums so deducted to such credit unions or to the state agency designated
by the employee. Any such written authorization may be withdrawn by such
employee at any time upon filing written notice of such withdrawal with
the payroll officer of the employee's agency and with the state agency
designated to receive the amounts deducted. The comptroller is hereby
authorized to make such rules and regulations as may be necessary to
provide for credit union and other deductions which may include but need
not be limited to requirements insuring that computations and other
appropriate clerical work shall be performed by the credit union or
state agency, limiting the frequency of changes in the amount of payroll
deductions, indemnifying the state and establishing minimum membership
standards so that payroll deductions are practicable and feasible. As
used in this subdivision, the term "credit union" shall mean an
organization defined by subdivision nine of section two of the banking
law or a credit union chartered by the United States and having its
principal office in the state of New York.
5. 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 so provides, the comptroller, after receipt of
written directions of the director of employee relations, is 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 insurance premiums for a group insurance
plan, or a wholesale, franchise or similar mass-marketed insurance
policy or program issued to or sponsored by an association of civil
service employees or an employee organization certified or recognized by
the state pursuant to said article, and transmit deductions so withheld
to the insurance company issuing said policy or policies, or to the
employee organization, in accordance with the provisions of such
agreement. Any such written authorization may be withdrawn by the
employee at any time upon filing written notice of such withdrawal in a
manner determined by the comptroller, or such deduction may be
terminated on notice to the comptroller by the insurance carrier, in
accordance with the terms of the policy.
6. Notwithstanding any other law to the contrary, where, and to the
extent that, an agreement between the state and an employee organization
pursuant to article fourteen of the civil service law authorizes
participation in an individual retirement account plan by employees
covered by such agreement, the comptroller, after receipt of written
directions from the director of employee relations where such agreement
covers employees in the executive branch or from the chief administrator
of the courts where such agreement covers employees in the judicial
branch, is authorized to deduct from the salary of any employee covered
by such an agreement an amount that the employee may specify in writing
filed in a manner determined by the comptroller for contribution to such
plan in accordance with the Economic Recovery Tax Act of 1981 (P.L.
97-34) and transmit deductions so withheld to the financial organization
issuing such plan in accordance with the provisions of such agreement.
For the purposes of this subdivision, subject to the rules and
regulations promulgated by the comptroller, the term "financial
organization" shall mean an organization authorized to do business in
the state of New York and which is an authorized fiduciary to act as a
trustee under an individual retirement account plan established pursuant
to the provisions of an act of congress entitled "Employee Retirement
Income Security Act of 1974" as such provisions may be amended from time
to time, and (i) is licensed or chartered by the state department of
financial services, (ii) is chartered by an agency of the federal
government, (iii) is subject to the jurisdiction and regulation of the
securities and exchange commission of the federal government, or (iv) is
any other entity otherwise authorized to act in this state as a trustee
of an individual retirement account plan established pursuant to the
provisions of an act of congress entitled "Employee Retirement Income
Security Act of 1974" as such provisions may be amended from time to
time; provided, however, that any contributions made pursuant to this
section shall be made to a financial organization whose offices are
located in this state. Any such written authorization may be withdrawn
by the employee at any time upon filing written notice of such
withdrawal in a manner determined by the comptroller or such deduction
may be terminated on notice to the comptroller by the financial
organization in accordance with the terms of such plan. Notwithstanding
this subdivision, an organization defined by subdivision nine of section
two of the banking law or a credit union chartered by the United States
and having its principal office in the state of New York and which is
otherwise entitled under this section to receive payments deducted from
the salary of a state employee shall have the right to, and continue to
have the right to, receive such payments for the purpose of individual
retirement account plans offered by such organizations.
7. Notwithstanding any other law 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 so
provides on behalf of employees in the collective negotiating unit
designated as the professional services negotiating unit established
pursuant to article fourteen of the civil service law authorizes
participation in an annuity contract by employees covered by such
agreement, the comptroller, after receipt of written directions from the
director of employee relations, is authorized to deduct from the salary
of any employee covered by such an agreement an amount that the employee
may specify in writing filed in a manner determined by the comptroller
for contribution to such plan or plans in accordance with section four
hundred three (b) of the Internal Revenue Code (26 USC § 403(b)) and
transmit deductions so withheld to the financial organization or
organizations issuing such plan in accordance with the provisions of
such agreement. For the purposes of this subdivision, subject to the
rules and regulations promulgated by the comptroller, the term
"financial organization" shall mean an organization authorized to do
business in the state of New York and which (i) is licensed or chartered
by the state department of financial services, (ii) is chartered by an
agency of the federal government, or (iii) is subject to the
jurisdiction and regulation of the securities and exchange commission of
the federal government; provided, however, that any contribution made
pursuant to this section shall be made to a financial organization whose
offices are located in this state. Any such written authorization may be
withdrawn by the employee at any time upon filing written notice of such
withdrawal in a manner determined by the comptroller or such deduction
may be terminated on notice to the comptroller by the financial
organization in accordance with the terms of such plan.
8. Notwithstanding any other inconsistent provision of law, where and
to the extent that any agreement between the state and an employee
organization entered into pursuant to article fourteen of the civil
service law so provides on behalf of employees in the collective
negotiating unit designated as the professional services negotiating
unit established pursuant to article fourteen of the civil service law,
the comptroller, after receipt of written directions of the director of
employee relations, is authorized to deduct from the salary of any such
employee, who (i) is enrolled in the state health insurance program or
(ii) is enrolled in a plan for drug prescription coverage or other
benefits sponsored by the employee benefit fund established pursuant to
section two hundred nine of this article, such amounts as specified by
the director of employee relations and to transmit deductions so
withheld to said employee benefit fund.
9. 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 to be filed with the payroll officer of the employee's agency
within the minimum and maximum amounts specified by the comptroller for
contributions to campus-related foundations and to transmit the sums so
deducted to such campus-related foundations. Any such written
authorization may be withdrawn by such employee at any time upon filing
written notice of such withdrawal with the payroll officer of the
employee's agency. The comptroller is hereby authorized to make such
rules and regulations as may be necessary to provide for deductions for
campus-related foundations. As used in this subdivision, the term
"campus-related foundation" shall mean a non-profit corporation
organized and existing pursuant to the education law or the
not-for-profit corporation law for the benefit of a state-operated
campus of the state university of New York or for the benefit of a
community college operating under the program of the state university of
New York.
10. Notwithstanding any other inconsistent provision of law, where and
to the extent that any agreement between the state and an employee
organization entered into pursuant to article fourteen of the civil
service law so provides on behalf of employees in the collective
negotiating units designated as the security services unit or the
security supervisors unit established pursuant to article fourteen of
the civil service law, the comptroller, after the receipt of written
directions of the director of employee relations, is authorized to
deduct from the salary of any such employee covered by such an agreement
an amount which the employee may specify in writing filed in a manner
determined by the comptroller and transmit deductions so withheld to a
bank participating in a loan or investment program in accordance with
the provisions of such agreement. Any such written authorization may be
withdrawn by the employee at any time upon filing written notice of such
withdrawal in a manner determined by the comptroller, or such deduction
may be terminated on notice to the comptroller by the bank, in
accordance with the terms of the loan. As used in this subdivision, the
term "bank" shall mean an organization defined by subdivision one or six
of section two of the banking law.
11. Notwithstanding any other inconsistent provision of law, the
comptroller, after receipt of written directions of the director of
employee relations, is authorized to deduct from the salary of any
employee of the state in the executive branch whose position is
designated managerial or confidential pursuant to article fourteen of
the civil service law, employees covered by section nineteen of the
correction law, employees in the professional service in the state
university which are designated, stipulated or excluded from negotiating
units as managerial or confidential as defined pursuant to article
fourteen of the civil service law, employees covered by paragraph (a) of
subdivision one of section two hundred fifteen of the executive law or
in the division of military and naval affairs of the executive
department or excluded from representation rights under article fourteen
of the civil service law pursuant to rules or regulations of the public
employment relations board, employees of the legislature, judges and
justices of the unified court system and nonjudicial employees thereof
not in collective negotiating units, such amount as such employee may
specify in writing filed with the payroll officer of such employee's
agency for the payment of child care fees for services at child care
centers designated by the director of employee relations and transmit
deductions so withheld to such designated child care center providing
such services. Any such written authorization may be withdrawn by the
employee at any time upon filing written notice of such withdrawal with
the payroll officer of such employee's agency, or such deduction may be
terminated on notice to the payroll officer of such employee's agency by
the child care center.
12. Notwithstanding any other inconsistent provision of law, 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 so provides, the comptroller, after receipt of written
directions of the director of employee relations, is authorized to
deduct from the salary of any employee covered by such an agreement such
amount as such employee may specify in writing filed with the payroll
officer of such employee's agency for the payment of child care fees for
services at child care centers designated by the director of employee
relations and transmit deductions so withheld to such designated child
care center providing such services. Any such written authorization may
be withdrawn by the employee at any time upon filing written notice of
such withdrawal with the payroll officer of such employee's agency, or
such deduction may be terminated on notice to the payroll officer of
such employee's agency by the child care center.
* 13. The comptroller is hereby authorized to deduct from the salary
of any state employee such amount as such employee may specify in
writing to be filed with the payroll officer of the employee's agency
for the purpose of making payments on outstanding Perkins loans
(formerly national direct student loans) owed to the state university of
New York or the city university of New York and to transmit deductions
so withheld to the appropriate collecting agent of the state university
of New York or the city university of New York. Any such written
authorization may be withdrawn by such employee at any time upon filing
written notice of such withdrawal with the comptroller. The comptroller
is hereby authorized to make such rules and regulations as may be
necessary to provide for deductions for this purpose.
* NB There are 2 sb 13's
* 13. The comptroller is authorized to deduct from the salary of any
employee of the state in the legislative branch and any employee in the
executive or judicial branch whose position is designated managerial or
confidential pursuant to article fourteen of the civil service law, any
employee covered by section nineteen of the correction law, employees in
the professional service in the state university which are designated,
stipulated or excluded from negotiating units as managerial or
confidential as defined pursuant to article fourteen of the civil
service law, employees covered by paragraph (a) of subdivision one of
section two hundred fifteen of the executive law or in the division of
military and naval affairs of the executive department or excluded from
representation rights under article fourteen of the civil service law
pursuant to rules or regulations of the public employment relations
board or any employee represented by an employee organization who elects
pursuant to an agreement entered into between the state and the employee
organization to participate in such state authorized individual
retirement plan such amount as such employee may specify in writing
filed in a manner determined by the comptroller for contribution to an
authorized individual retirement plan as determined pursuant to section
two hundred eight of this article and to transmit deductions so withheld
to the financial organization which operates such authorized individual
retirement plan. Any such written authorization may be withdrawn by the
employee at any time upon filing written notice of such withdrawal in a
manner determined by the comptroller or such deduction may be terminated
on notice to the comptroller by the financial organization in accordance
with the terms of such plan.
* NB There are 2 sb 13's
14. 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 provides, the comptroller, after receiving written
direction from the director of employee relations, is authorized to
deduct from the salary of any employee such amount as such employee
covered by such agreement may specify in writing filed in a manner
determined by the comptroller for contribution to a political action
committee designated by such employee organization and transmit such
deduction so withheld to the political action committee or to such
employee organization, as appropriate. Any such written authorization
may be withdrawn by the employee at any time upon filing written notice
of such withdrawal in a manner determined by the comptroller or such
deduction may be terminated on notice to the comptroller by such
employee organization.
15. The comptroller is hereby authorized to deduct from the salary of
any employee of the division of state police such amount as such
employee may specify in writing, to be filed with the payroll office of
the division of state police, for the purpose of contributing to the
Trooper Foundation - State of New York, Inc., and/or NYS Troopers PBA
Signal 30 Fund Inc., and/or New York State Police Investigators
Association Emergency Assistance Fund, Inc. Any such written
authorization may be withdrawn by an employee at any time upon filing
written notice of such withdrawal with the payroll office of the
division of state police. The comptroller is hereby authorized to make
such rules and regulations as may be necessary to provide for deductions
for this purpose.
16. The comptroller is hereby authorized to deduct from the salary of
any state employee such amount as such employee may specify in writing
to be filed with the payroll officer of the employee's agency for the
purpose of making payments on outstanding education loans made pursuant
to part V of article fourteen of the education law and to transmit
deductions so withheld to the appropriate collecting agent designated by
the higher education services corporation for receipt thereof. Any such
written authorization may be withdrawn by such employee at any time upon
filing written notice of such withdrawal with the comptroller. The
comptroller is hereby authorized to make such rules and regulations as
may be necessary to provide for deductions for this purpose.
17. Notwithstanding any other provision of law to the contrary, where,
and to the extent that an agreement entered into pursuant to article
fourteen of the civil service law between the state and the employee
organization representing the collective negotiating unit consisting of
troopers in the division of state police and the collective negotiating
unit consisting of commissioned and non-commissioned officers in the
division of state police so provides, the comptroller, after receipt of
written directions from the director of employee relations, is
authorized to deduct, for the purposes of making restitution for damage
or loss of equipment, from the salary of any employee covered by such an
agreement such amount as determined by the employer to cover the
restitution for such damaged or lost equipment.
Structure New York Laws
Article 14 - Salaries and Employee Benefits
201 - Deductions From Salaries.
201-A - Flexible Benefits Program for Certain State Officers and Employees.
201-B - Qualified Transportation Fringe Benefit Program for Certain State Officers and Employees.
202 - Reimbursement for Travel and Moving Expenses Upon Transfer, Reassignment or Promotion.
204 - Reimbursement for Travel and Moving Expenses Upon Initial Appointment to State Service.
207 - Employee Benefit Fund; Professional, Scientific and Technical Services.
207-A - Employee Benefit Fund; Security Services.
207-B - Employee Benefit Fund; Division of State Police.
207-C - Employee Benefit Fund; Division of Military and Naval Affairs.
207-D - Employee Benefit Fund; Agency Police Services Unit.
208 - Authorized Individual Retirement Plans.
209 - Employee Benefit Fund; Professional Services.
209-A - Workers' Compensation Supplementation Allowance.
209-B - Severance Benefits for Certain State Officers and Employees.