§ 202. Reimbursement for travel and moving expenses upon transfer, reassignment or promotion. 1. Subject to the regulations hereinafter mentioned, when a geographical change in the location of the principal place of employment of a state officer or employee occurs as a result of his transfer or reassignment made at the order or request of a department or agency for the convenience of the state, and such change reasonably requires a change in the place of his abode, such officer or employee shall be eligible for reimbursement for travel and moving expenses incurred in transporting himself, his family and his household effects to his new place of abode. Such reimbursement shall not be payable in the case of transfer or reassignment for disciplinary reasons, or in the case of temporary transfers or reassignments, including assignments made for training purposes. 2. Subject to the regulations hereinafter mentioned, when a geographical change in the location of the principal place of employment of a state officer or employee occurs as a result of his promotion on a permanent basis to a technical, scientific, educational, professional or administrative position, and such change reasonably requires a change in the place of his abode, he shall be eligible for reimbursement for travel and moving expenses incurred in transporting himself, his family and household effects to his new place of abode. 3. 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 transferred, reassigned or promoted within one year after such transfer, reassignment or promotion. The return of such funds to the state shall not be required when the resignation or voluntary separation is the result of a promotion to a higher grade state position in the same occupational field occurring more than six months following the transfer, reassignment or promotion, or by a promotion at any time in the same geographical area if he would have been eligible for reimbursement of travel and moving expenses upon such promotion to such position from the position held by him immediately prior to the transfer, reassignment or promotion for which reimbursement was paid. 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. 4. 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 salary for any of the purposes of the civil service law. 5. The director of the budget shall, with the approval of the director of employee relations, prescribe and amend such regulations as may be necessary to carry out the provisions of this section. 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 in accordance with the provisions of this section, and, if deemed advisable by the budget director, enumerating positions or classes or groups of positions for which he has determined that, upon transfer, reassignment or promotion, travel and moving expenses shall or shall not be payable under this section;(b) fixing maximum dollar limitations on reimbursement for travel and moving expenses pursuant to this section;
(c) excluding or limiting reimbursement for expenses for moving less than a prescribed minimum distance, for moving household goods and possessions in excess of a prescribed maximum weight, or for storage or living expenses.
