N.Y.
State Finance Law Section 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 Any such written authorization may be withdrawn by such employee at any time upon filing written notice of such withdrawal in a manner determined by the comptroller.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 Civil Service Law § 208 (Rights accompanying certification or recognition)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 Correction Law § 19 (Salary and emoluments of superintendents)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 Executive Law § 215 (Organization)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 Banking Law § 2 (Definitions)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 Banking Law § 2 (Definitions)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 § 209 (Employee benefit fund)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 Banking Law § 2 (Definitions)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 Correction Law § 19 (Salary and emoluments of superintendents)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 Executive Law § 215 (Organization)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 Correction Law § 19 (Salary and emoluments of superintendents)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 Executive Law § 215 (Organization)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 § 208 (Authorized individual retirement plans)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.
Source:
Section 201 — Deductions from salaries, https://www.nysenate.gov/legislation/laws/STF/201 (updated Apr. 27, 2018; accessed Dec. 21, 2024).
