New York Consolidated Laws, State Finance Law - STF § 204. Reimbursement for travel and moving expenses upon initial appointment to state service

1. The appointing authority of a department or agency of the state, subject to the regulations hereinafter mentioned and to the extent that appropriations are available therefor, may reimburse a state officer or employee, upon his initial appointment to a technical, scientific, educational, professional or administrative position in the service of the state for which there exists in New York state a shortage of qualified candidates, for travel and moving expenses incurred in transporting himself, his family and his household effects to his new place of abode, provided such appointment reasonably requires a change in the place of his abode.  Positions in the competitive class for which there are shortages of qualified candidates shall be determined by the state department of civil service;  for positions outside the competitive class such determination shall be made by the head of the department or agency in which the positions are authorized.

2. No payment shall be made to an officer or employee otherwise eligible to receive travel and moving expenses pursuant to this section unless he shall agree in writing to return to the state monies received for such expenses in the event that he resigns or voluntarily separates from the position to which he is initially appointed within one year of the effective date of such appointment.  The return of such funds to the state shall not be required when the resignation or voluntary separation is the result of a transfer, reassignment, or promotion to another state position in the same occupational field occurring more than six months following the initial appointment, or by a transfer, reassignment or promotion at any time in the same geographic area if he would have been eligible for reimbursement of travel and moving expenses upon an original appointment to the position to which he was transferred, reassigned or promoted.  Monies owing to the state pursuant to this subdivision may be deducted from any monies due or accruing to the employee on resignation or separation or, if necessary, may be recovered by appropriate legal proceedings.

3. The director of the budget shall prescribe and amend regulations providing for reimbursement for travel and moving expenses upon initial appointment to the state service.  Such regulations may include, but need not be limited to, provisions

(a) prescribing standards, criteria, and procedures for determining eligibility for reimbursement of travel and moving expenses, and

(b) enumerating positions or classes or groups of positions for which travel or moving expenses shall or shall not be payable, and

(c) fixing maximum dollar limitations on reimbursement for travel and moving expenses, and

(d) excluding or limiting reimbursement for expenses of moving less than a prescribed minimum distance or of moving household goods and possessions in excess of a prescribed maximum weight, or for storage or living expenses.

4. Nothing in this section shall affect or impair the eligibility of any officer or employee of the state for the reimbursement of travel and moving expenses in accordance with the provisions of section two hundred two of this article.

5. Reimbursement of travel and moving expenses pursuant to this section shall be payable from monies appropriated and available to departments and agencies.  Reimbursement of travel and moving expenses of employees whose salaries are paid from a fund other than the general fund shall be a proper charge against such other fund.  Such reimbursement shall not be deemed to constitute salaries for any of the purposes of the civil service law.


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