§ 168. Assessment of certain costs. 1. If the salary or compensation
of any officers and employees of the state is paid from a special or
administrative fund or funds, other than the state purposes fund or the
local assistance fund of the general fund of the state or the capital
construction fund or an income fund of the state university or the
mental hygiene services fund, such fund or funds shall be charged, and
there shall be paid therefrom as provided in this section the employer's
share of the premium for the coverage of such officers and employees
under the health benefit plan. If the amounts appropriated or allocable
from such special or administrative fund or funds are insufficient for
such purpose, the director of the budget is hereby authorized to
allocate such additional sums from such fund or funds as may be
necessary therefor; provided, however, that no transfer shall be made
between two or more of such funds. Such amounts shall be paid, at such
times as shall be required by the president, to the commissioner of
taxation and finance and shall be credited to the health insurance fund
to pay, or reimburse the health insurance fund for the payment of, the
employer's share of the premium for coverage of such officers and
employees under the health benefit plan.
2. If the salary or compensation of any officers and employees of the
state is payable from a special or administrative fund or funds, other
than the state purposes fund or the local assistance fund of the general
fund of the state or the capital construction fund or an income fund of
the state university or the mental hygiene services fund, a
proportionate share of the expenses of administration of the health
benefit plan, on account of coverage of such officers and employees,
shall be payable from such fund or funds. If the amounts appropriated or
allocable from such special or administrative fund or funds are
insufficient for such purpose, the director of the budget is hereby
authorized to allocate such additional sums from such funds or funds as
may be necessary therefor; provided, however, that no transfer shall be
made between two or more of such funds. The proportionate share of the
expenses of administration of the health benefit plan chargeable
pursuant to this subdivision to any special or administrative fund shall
be determined by the president and shall be payable at such times as may
be fixed by him or her. Such sums shall be payable to the commissioner
of taxation and finance and shall be applied to the reimbursement of
funds previously advanced for the expenses of administration of the
health benefit plan.
3. (a) If the salary or compensation of any justices, judges, officers
and employees of the supreme court, surrogate's court, county court,
family court, civil court of the city of New York, criminal court of the
city of New York and district court in any county, officers and
employees of the office of probation for the courts of New York city is
not paid in whole or in part from the treasury of the state, but is paid
directly from the treasury of a civil division, such civil division
shall be required to pay the employer's share of the premium charges for
the coverage of such justices, judges, officers and employees under the
state health benefit plan. The appropriate fiscal officer of such civil
division shall deduct from the salary or wages paid to such justices,
judges, officers and employees the sums required to be paid by them
under such plan. Such deductions and the corresponding employer's share
of premium charges shall be paid, at such times as required by the
president, to the commissioner of taxation and finance and shall be
credited to the health insurance fund.
(b) If the salary or compensation of any retired justices, judges,
officers and employees of the supreme court, surrogate's court, county
court, family court, civil court of the city of New York, criminal court
of the city of New York and district court in any county, officers and
employees of the office of probation for the courts of New York city
prior to retirement was not paid in whole or in part from the treasury
of the state but was paid directly from the treasury of a civil
division, such civil division shall be required to pay the employer's
share of the premium charges for the coverage of such retired justices,
judges, officers and employees under the state health benefit plan. If
such retired justices, judges, officers and employees are receiving
retirement allowances from a pension or retirement plan or system
administered by such civil division, the amounts required to be paid by
such retired justices, judges, officers and employees as their share of
premium charges shall be deducted from their retirement allowances. Such
deductions and the employer's share of premium charges shall be paid, at
such times as required by the president, to the commissioner of taxation
and finance and shall be credited to the health insurance fund.
(c) Any civil division required by this subdivision to pay the
employer's share of the premium charges for the coverage of active or
retired justices, judges, officers and employees of the supreme court,
surrogate's court, county court, family court, civil court of the city
of New York, criminal court of the city of New York and district court
in any county, officers and employees of the office of probation for the
courts of New York city shall also be assessed and required to pay a
proportionate share of the expenses of administration of the health
benefit plan in such amounts and at such times as determined by the
president. Such sums shall be payable to the commissioner of taxation
and finance and shall be applied to the reimbursement of funds
previously advanced for the expenses of administration of the health
benefit plan.