N.Y. State Finance Law Section 99-C
Withholding of state aid upon failure of municipalities and school districts to repay health insurance reserve receipts when required


1.

In the event a county, city, town, village or school district which has elected to receive distribution or distributions from the health insurance reserve receipts fund, pursuant to an agreement between such municipality or school district and the state and which has elected to terminate its contractual agreement for health benefits with the New York state department of civil service, or if called upon by the New York state department of civil service, pursuant to such agreement, to return such distribution within the time period and under the conditions specified in such agreement, shall be in default of its obligation to repay such distribution, the allotment, apportionment, and payment of local assistance aid, education aid or other state aid as appropriate and as determined by the comptroller shall be withheld by the state upon the following terms and conditions.

2.

In the event of the failure or inability of the municipality or school district to repay its distribution pursuant to the contractual agreement, the department of civil service shall forthwith make and deliver to the comptroller of the state of New York a certificate stating the amount due and not paid, and the state comptroller shall thereafter deduct and withhold from the next succeeding allotments, apportionments or payments of state aid or assistance due such municipality or school district such amount or amounts thereof as may be required to pay the amount due. The state shall not be obligated to pay, by virtue of such withholdings, any additional or increased apportionment or payment of state aid or assistance. 2-a. Notwithstanding the provisions of subdivision two of this section or any other inconsistent provision of law, a school district or board of cooperative educational services which is subject to the requirements of this section may repay its distribution pursuant to a contractual agreement authorized by this section over a period of ten state fiscal years, in equal annual installments, payable by March thirty-first of each year. For school districts or boards of cooperative educational services which terminate the contractual agreement prior to July first, nineteen hundred eighty-three, the first installment shall be paid prior to March thirty-first, nineteen hundred eighty-four. For all other school districts and boards of cooperative educational services, the first installment shall be paid prior to March thirty-first first succeeding the termination of such agreement. The comptroller shall not withhold from state aid or other assistance due a school district or board of cooperative educational services any amount of such distribution due and owing as certified by the department of civil service to the comptroller pursuant to subdivision two of this section, until and unless such school district or board of cooperative educational services fails to make an installment payment authorized by this subdivision by March thirty-first of the applicable year. Upon failure of a school district or board of cooperative educational services to make an installment payment, the withholding provisions of subdivision two of this section shall take effect to the extent of the amount of that unpaid installment. The comptroller shall within sixty days of the date on which this subdivision becomes effective or within sixty days of any subsequent termination of the contractual agreement notify the applicable school district or board of cooperative educational services of the provisions of this subdivision, of the amount due and owing, and the amount of each installment.

3.

Notwithstanding any inconsistent provisions of law, the comptroller shall establish a fund, to be called the health insurance reserve receipts fund, to receive transfers of funds from the health insurance carriers or the plan administrator or administrators of the New York state employee health benefit plan, pursuant to contractual agreements between such carriers and the New York state department of civil service and/or from the health insurance fund. Moneys returned by the municipalities and school districts or withheld from state aid by the comptroller pursuant to provisions governing termination of the contractual agreements shall be deposited in this fund. Disbursements from the health insurance reserve receipts fund shall be for the purpose of remitting to the carriers any moneys due them as a result of termination of the state’s contract with the carriers or termination of agreements between the state and municipalities and school districts and/or for the purpose of transferring funds to the health insurance fund. Disbursements from such fund shall be made pursuant to the procedures for authorization of expenditures contained in article eleven of the civil service law upon the issuance of a certificate of approval of availability by the director of the budget and subject to audit and warrant of the comptroller.

Source: Section 99-C — Withholding of state aid upon failure of municipalities and school districts to repay health insurance reserve receipts when required, https://www.­nysenate.­gov/legislation/laws/STF/99-C (updated Sep. 22, 2014; accessed Mar. 23, 2024).

70
Classification of funds
71
Abolition, maintenance and establishment of funds
71–A
Funds established by law
71–B
Expenditure of check-off monies
72
General fund
73
Federal interest subsidy payments
74
Transportation infrastructure renewal fund
75
Establishment of accounts
76
Rail preservation and development fund
77
Accelerated capacity and transportation improvements fund
78
New York state college choice tuition savings program trust fund
78–A
New York higher education loan program variable rate default reserve fund
78–B
New York higher education loan program fixed rate default reserve fund
79
World Trade Center memorial foundation fund
80
Real estate finance bureau fund
80–A
Anti-discrimination in housing fund
81
Veterans’ home assistance fund
82
Gifts to food banks fund
83
Conservation fund
83–A
Habitat conservation and access account
84
The United States Olympic Committee/Lake Placid Olympic Training Center Fund
84–A
Olympic games guaranty fund
88
New York state infrastructure trust fund
88–A
Mass transportation operating assistance fund
88–B
Suburban transportation fund
88–D
Airport improvement and revitalization fund
89–B
Dedicated highway and bridge trust fund
89–C
Dedicated mass transportation trust fund
89–D
Motor vehicle theft and insurance fraud prevention fund
89–E
Alzheimer’s disease assistance fund
89–F
Workers’ compensation security fund payment account
89–G
Accident prevention course internet, and other technology pilot program fund
89–H
Medical cannabis trust fund
89–I
Military family relief fund
89–J
The school bus motorist education fund
89–J*2
Substance use disorder education and recovery fund
89–K
Diabetes research and education fund
90
New York state department of transportation highway safety program fund
90–A
New York state passenger facility charge fund
91
Transportation safety account
91–A
Revenue arrearage account
91–B
Boating noise level enforcement fund
91–C
Special offset fiduciary account
91–D
Recruitment incentive and retention account
91–F
Adult home quality enhancement fund
91–G
Senior wellness in nutrition fund
92
Tax stabilization reserve fund
92–AA
Special school purpose school aid
92–B
Stock transfer tax fund
92–BB
Waste management and cleanup fund
92–C
State lottery fund
92–CC
Rainy day reserve fund
92–D
Municipal assistance tax fund
92–DD
Health care reform act (HCRA) resources fund
92–E
Municipal assistance state aid fund
92–EE
New York state higher education endowment
92–F
Special sales and compensating use tax fund for the city of Yonkers
92–FF
Metropolitan transportation authority financial assistance fund
92–G
Motorcycle safety fund
92–GG
Charitable gifts trust fund
92–GG*2
Subway assistance fund
92–H
Sales tax revenue bond tax fund
92–HH
Health care transformation fund
92–I
Stock transfer incentive fund
92–II
Metropolitan transportation authority capital assistance fund
92–JJ
Metropolitan transportation authority paratransit assistance fund
92–N
Snowmobile trail development and maintenance fund
92–P
Voting machine and system examination fund
92–Q
Housing assistance fund
92–Q*2
The institute for the Hudson River Collection fund
92–R
Local government assistance tax fund
92–S
Environmental protection fund
92–T
New York state campaign finance fund
92–U
New York state canal system development fund
92–V
Linked deposit program fund
92–W
Missing and exploited children clearinghouse fund
92–X
Tobacco settlement fund
92–Z
Revenue bond tax fund
93
Capital projects fund
93–A
New York state storm recovery capital fund
93–B
Dedicated infrastructure investment fund
94
Court facilities incentive aid fund
94–A
New York city county clerks’ operations offset fund
94–B
Judiciary data processing offset fund
95
Abandoned property fund
95–A
New York state innovation in breast cancer early detection and research awards program fund
95–B
The New York state “drive out diabetes research and education fund”
95–C
The marine and coastal district of New York conservation, education, and research fund
95–D
The New York state “multiple sclerosis research fund”
95–D*2
“Life pass it on trust fund”
95–E
New York State prostate and testicular cancer research and education fund
95–E*2
The New York state autism awareness and research fund
95–F
The New York state water rescue team awareness and research fund
95–F*2
The Eighth Air Force Historical Society fund
95–G
Department of motor vehicles distinctive plate development fund
95–H
Mental illness anti-stigma fund
95–I
New York state ALS research and education fund
95–J
The New York state two hundred fiftieth commemoration commission fund
95–K
Transgender and non-binary (TGNB) wellness and equity program fund
95–K*2
Lyme and tick-borne diseases education, research and prevention fund
96
The World Trade Center memorial scholarship fund
97
Housing debt fund, and urban renewal debt fund
97–A
Environmental quality protection fund
97–AA
The New York state “Discover Queens fund”
97–AAA
Clean water/clean air bond fund
97–AAAAA
Opioid stewardship fund
97–B
Hazardous waste remedial fund
97–BB
Criminal justice improvement account
97–BBB
Clean water/clean air fund
97–C
Training and education program on occupational safety and health fund
97–CC
Municipal gun buyback program fund
97–CCCC
Interest assessment surcharge fund
97–CCCC*2
Vital records management account
97–CCCC*3
Tobacco revenue guarantee fund
97–CCCC*4
Erie canal museum fund
97–D
Environmental quality bond act fund
97–DD
Eminent domain account
97–DDD
Federal single audit chargeback account
97–DDD*2
Drinking water program management and administration fund
97–DDD*3
Education archives account
97–DDDD
Community mental health support and workforce reinvestment account
97–E
Forest preserve expansion fund
97–EE
New York Great Lakes protection fund
97–EEE
Clean water/clean air implementation fund
97–EEE*2
Education library account
97–EEEE
Rebuild and renew New York transportation bond fund
97–EEEE*2
Cultural resource survey account
97–EEEE*3
Federal-state health reform partnership program account
97–F
Mental health services fund
97–FF
Empire state entertainment diversity job training development fund
97–FFF
Summer school of the arts account
97–G
Centralized services fund
97–GG
Division for youth facilities improvement fund
97–GGG
Teacher certification program account
97–GGGG
Medicaid training contract account
97–H
Lake George park trust fund
97–HH
Tuition reimbursement fund
97–HHH
High school equivalency account
97–HHHH
The student lending education account
97–I
New York state local government records management improvement fund
97–III
Indirect cost recovery account
97–IIII
Patient safety center account
97–J
Firearm violence research fund
97–JJ
Industrial and utility service account
97–JJ*2
Not-for-profit short-term revolving loan fund
97–JJJ
Rome school for the deaf account
97–JJJJ
Education assessment account
97–K
Minority and women-owned business enterprise fund
97–KK
Local services account
97–KKK
Batavia school for the blind account
97–KKKK
Intervenor account
97–L
Sewage treatment program management and administration fund
97–LL
Improvement of real property tax administration account
97–LLL
Vocational rehabilitation fund
97–LLLL
Interstate reciprocity for post-secondary distance education account
97–LLLL*2
Women’s cancers education and prevention fund
97–MM
State park infrastructure fund
97–MM*2
State police motor vehicle law enforcement account
97–MMM
Archives records management account
97–MMMM
Veterans remembrance and cemetery maintenance and operation fund
97–NN
Pet cemetery and pet crematorium inspection and licensing fund
97–NN*2
World University Games Fund
97–NN*3
“I love NY waterways” fund
97–NNN
Office of the professions account
97–NNNN
Commercial gaming revenue fund
97–OO
Biodiversity stewardship and research fund
97–OO*2
Clean air fund
97–OOO
Department of corrections and community supervision asset forfeiture account
97–OOOO
Basic health program trust fund
97–OOOO*2
Smart schools bond fund
97–P
Community college tuition and instructional income fund
97–PP
New York state emergency services revolving loan account
97–PPP
Education museum account
97–PPPP
Lupus research and education fund
97–PPPP*2
Sickle cell disease research and education fund
97–Q
New York state emergency medical services training account
97–QQ
Statewide public safety communications account
97–QQQ
Automation and printing chargeback account
97–QQQQ
Cystic fibrosis research and education fund
97–R
State cemetery vandalism restoration, monument repair or removal and administration fund
97–RR
Pet dealer licensing fund
97–RRR
School tax relief fund
97–RRR*2
Debt reduction reserve fund
97–RRRR
Lupus education and prevention fund
97–S
Nelson A
97–SSS
Charter schools stimulus fund
97–SSSS
Leukemia, lymphoma and myeloma research, education and treatment fund
97–SSSS*2
Elevator and related conveyances safety program account
97–T
Lawyers’ fund for client protection of the state of New York
97–TT
Intervenor account
97–TTT
Federal revenue maximization contract fund
97–TTTT
Clean water, clean air, and green jobs bond fund
97–UU
Legislative computer services fund
97–UUU
Tax revenue arrearage account
97–UUU*2
Transportation infrastructure bond fund
97–V
The New York interest on lawyer account (IOLA) fund
97–V*2
New York state musical instrument revolving fund
97–VV
Senate recyclable materials, information services and conference fund
97–VVV
Universal prekindergarten reserve fund
97–W
Chemical dependence service fund
97–WW
Assembly recyclable materials, information services and conference fund
97–WWW
Cuba lake management fund
97–WWW*2
Quality child care and protection fund
97–WWW*3
Underground facilities safety training account
97–WWW*4
Consumer protection account
97–WWW*5
Percy T
97–X
Statewide planning and research cooperative system
97–XX
Animal population control fund
97–XXX
Additional mass transportation assistance fund
97–XXX*2
Agriculture in the classroom fund
97–XXXX
State health innovation plan account
97–Y
Business and licensing services account
97–YY
Breast cancer research and education fund
97–YYY
Children and family services quality enhancement fund
97–YYY*2
Domestic violence awareness fund
97–YYYY
Arts fund
97–Z
Arts capital grants fund
97–ZZ
Federal revenue maximization contract fund
97–ZZZ
Cultural education account
98
Investment of state funds
98–A
Investment of general funds, bond proceeds, and other funds not immediately required
98–B
Indigent legal services fund
98–C
Legal services assistance fund
98–D
1332 state innovation program fund
99
Withholding of state assistance upon default in payment of bonds held by the state
99–A
Justice court fund
99–AA
Retiree health benefit trust fund
99–B
Withholding of state aid for school purposes upon default in payment of obligations of the prospective recipient
99–BB
Armory rental account
99–BB*2
Parking services fund
99–BB*3
New York state secure choice administrative fund
99–BB*4
SUNY Stony Brook Eastern Long Island Hospital Affiliation escrow fund
99–BB*5
School-based health centers fund
99–C
Withholding of state aid upon failure of municipalities and school districts to repay health insurance reserve receipts when required
99–CC
Solid waste fund
99–D
City university stabilization account
99–D*2
Community projects fund
99–DD
Special events fund
99–E
State university stabilization account
99–EE
Down’s syndrome research fund
99–F
Spinal cord injury research trust fund
99–FF
Parks retail stores fund
99–FF*2
New York central business district trust fund
99–GG
Golf fund
99–H
Tribal-state compact revenue account
99–H*2
Teacher education accreditation account
99–HH
Criminal justice discovery compensation fund
99–HH*2
Public health emergency charitable gifts trust fund
99–HH*3
Endangered and threatened species mitigation bank fund
99–HH*4
Behavioral health parity compliance fund
99–I
Racing regulation account
99–II
New York state cannabis revenue fund
99–J
Child performer’s protection fund
99–JJ
New York state drug treatment and public education fund
99–K
Child performer’s holding fund
99–KK
New York state community grants reinvestment fund
99–L
Assisted living residence quality oversight fund
99–L*2
Love your library fund
99–LL
New York state council on the arts cultural programs fund
99–MM
Emergency rental assistance municipal corporation allocation fund
99–N
Highway construction and maintenance safety education fund
99–NN
Opioid settlement fund
99–O
Arts institutions revolving loan fund
99–OO
Pharmacy benefit manager regulatory fund
99–P
Empire state stem cell trust fund
99–PP
Background check fund
99–PP*2
Agricultural and farmland viability protection fund
99–PP*3
Animal shelter regulation fund
99–Q
Volunteer firefighting and volunteer emergency services recruitment and retention fund
99–QQ
Hazard mitigation state revolving loan fund
99–QQ*2
New York climate action fund
99–S
Youth facility per diem account
99–T
New York state medical indemnity fund account
99–U
New York state gaming commission account
99–U*2
New York state teen health education fund
99–V
Mortgage settlement proceeds trust fund
99–V*2
Homeless veterans assistance fund
99–W
Transit assistance for capital investments fund
99–W*2
SUNY DSRIP escrow fund
99–X
New York achieving a better life experience (NY ABLE) savings program trust fund
99–Y
SUNY Stony Brook Affiliation escrow fund
99–Y*2
Health republic insurance of New York fund
99–Y*3
Highway use tax administration account
99–Z
Cure childhood cancer research fund

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 99-C’s source at nysenate​.gov

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