New York Consolidated Laws, Public Officers Law - PBO § 17-a. Reimbursement of funds paid by state agencies and state entities for the payment of awards adjudicated in sexual harassment claims

1. As used in this section, the term “employee” shall mean any person holding a position by election, appointment, or employment in the service of the state of New York, whether or not compensated.  The term “employee” shall include a former employee or judicially appointed personal representative.

2. Notwithstanding any law to the contrary, any employee who has been subject to a final judgment of personal liability for intentional wrong-doing related to a claim of sexual harassment, shall reimburse any state agency or entity that makes a payment to a plaintiff for an adjudicated award based on a claim of sexual harassment resulting in a judgment, for his or her proportionate share of such judgment.  Such employee shall personally reimburse such state agency or entity within ninety days of the state agency or entity's payment of such award.

3. If such employee fails to reimburse such state agency or entity pursuant to subdivision two of this section within ninety days from the date such state agency or entity makes a payment for the financial award, the comptroller shall, upon obtaining a money judgment, withhold from such employee's compensation the amounts allowable pursuant to section fifty-two hundred thirty-one of the civil practice law and rules .

4. If such employee is no longer employed by such state agency or entity such state agency or entity shall have the right to receive reimbursement through the enforcement of a money judgment pursuant to article fifty-two of the civil practice law and rules.

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