§ 205. Payment of relocation allowance to certain members of the state police upon transfer within state service. 1. A member of the New York state police eligible for reimbursement for moving and travel expenses pursuant to the provisions of section two hundred two of this article and the regulations promulgated by the director of the budget pursuant to the provisions of such section shall be granted a relocation allowance in lieu of reimbursement of expenses incidental to moving not reimbursable under section two hundred two of this article.

2. Such allowance shall equal three per cent of the basic annual compensation of such member in the position to which he is promoted, transferred or reassigned, exclusive of any differential paid, provided, however, that in no case shall such allowance exceed five hundred dollars if such position is below the rank of lieutenant or eight hundred dollars if such position is the rank of lieutenant or above.

3. No payment shall be made to a member otherwise eligible to receive a relocation allowance 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 geographic area if he would have been eligible for a relocation allowance upon such promotion to such position held by him immediately prior to the transfer, reassignment or promotion for which a relocation allowance was paid. Monies owing to the state pursuant to this subdivision may be deducted from any monies due or accruing to the member on resignation or separation or, if necessary, may be recovered by appropriate legal proceedings.

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

5. Relocation allowances paid pursuant to this section shall be payable from monies appropriated and available to the division of state police. Relocation allowances of members whose salaries are paid from a fund other than the general fund shall be a proper charge against such other fund. Such allowance shall not be deemed to constitute salary for any of the purposes of the civil service law.