Section 154-B. Agreements between state and employee organization  


Latest version.
  • 1.
      Notwithstanding any other law, rule or regulation to the contrary, where
      an agreement between the state and an employee organization entered into
      pursuant to article fourteen of this chapter so provides  on  behalf  of
      employees  in  positions  serving  in  the  collective negotiating units
      designated as the administrative services unit,  institutional  services
      unit and the operational services unit, a survivor's benefit for a state
      employee  in  a  position  in such negotiating units shall be paid in an
      amount as provided in such agreement in the  event  that  such  employee
      dies  subsequent  to  April  first,  nineteen hundred eighty-five as the
      result of an accidental on-the-job injury and that a  death  benefit  is
      paid  pursuant to the workers' compensation law. Such survivor's benefit
      shall be paid to the employee's surviving spouse and  children  who  are
      designated by the workers' compensation board to receive a death benefit
      or  portion thereof in the same proportion as the death benefit provided
      by the workers' compensation law is paid. In the event that the employee
      is not survived by a spouse or children, the survivor's benefit shall be
      paid to the estate of the employee.  Such survivor's benefit shall be in
      addition to and not in place of any other survivor's  or  death  benefit
      payable on behalf of such employee.
        2.  Notwithstanding any law, rule or regulation to the contrary, where
      an agreement between the state and such  employee  organization  entered
      into pursuant to article fourteen of this chapter so provides, the state
      shall  establish  a  special  education  fund  to  provide  the child or
      children as designated by the workers' compensation board to  receive  a
      death  benefit  pursuant  to  the  workers'  compensation  law  of  such
      employees for whom a survivor's benefit is paid pursuant to  subdivision
      one  of  this  section with full tuition up to the amount charged for an
      undergraduate college or university by the state university of New  York
      to  attend  any  accredited  college  or  university  within  this state
      provided, however, such child or children  as  so  designated  meet  the
      entrance  requirements  of  such  college  or  university.  The  special
      education fund shall be funded at a level and for the period of time  as
      determined  by  such  agreement  and  any  interest  or  other  earnings
      attributable to the money held in such fund shall be utilized with  such
      money for the purpose set forth in this subdivision.
        3.  Notwithstanding any law, rule or regulation to the contrary, where
      an agreement between the state and an employee organization entered into
      pursuant to article fourteen of this chapter so provides  on  behalf  of
      employees  in  positions  serving  in  the  collective negotiating units
      designated as the security services unit and  the  security  supervisors
      unit,  the state shall establish a special education fund to provide the
      child or children as designated by the workers'  compensation  board  to
      receive  a  death  benefit  pursuant to the workers' compensation law of
      such  employees  who,  subsequent  to  April  first,  nineteen   hundred
      eighty-five,  die  under circumstances as defined in such agreement with
      full tuition up to the amount charged for an  undergraduate  college  or
      university  by the state university of New York to attend any college or
      university provided, however, such child or children  as  so  designated
      meet  the  entrance  requirements  of  such  college  or university. The
      special education fund shall be funded at a level and for the period  of
      time  as determined by such agreement and any interest or other earnings
      attributable to the money held in such fund shall be utilized with  such
      money for the purpose set forth in this subdivision.
        4.  Notwithstanding any other law, rule or regulation to the contrary,
      where an agreement  between  the  state  and  an  employee  organization
      entered into pursuant to article fourteen of this chapter so provides on
      behalf  of  employees in positions serving in the collective negotiating
    
      unit designated as the professional, scientific and  technical  services
      unit,   a  survivor's  benefit  for  a  state  employee  in  a  position
      represented by such employee organization shall be paid in an amount  as
      provided  in  such  agreement  in  the  event  that  such  employee dies
      subsequent to April first, nineteen hundred eighty-five, as  the  result
      of  an  accidental on-the-job injury or disease and that a death benefit
      is paid pursuant to the workers'  compensation  law.    Such  survivor's
      benefit shall be paid to the employee's surviving spouse and children as
      designated by the workers' compensation board to receive a death benefit
      pursuant  to the workers' compensation law in the same proportion as the
      death benefit provided by the workers' compensation law is paid. In  the
      event  that  the  employee  is not survived by a spouse or children, the
      survivor's benefit shall be paid to the estate of the  employee.    Such
      survivor's benefit shall be in addition to and not in place of any other
      survivor's or death benefit payable on behalf of such employee.
        5.  Notwithstanding any law, rule or regulation to the contrary, where
      an agreement between the state and such  employee  organization  entered
      into pursuant to article fourteen of this chapter so provides, the state
      shall  establish  a  special  education  fund  to  provide  the child or
      children as designated by the workers' compensation board to  receive  a
      death  benefit  pursuant  to  the  workers'  compensation  law  of  such
      employees for whom a survivor's benefit is paid pursuant to  subdivision
      four of this section with full tuition to attend a college or university
      which  is  part of the state university provided, however, such child or
      children meet the entrance requirements of such college  or  university.
      The special education fund shall be funded at a level and for the period
      of  time  as  determined  by  such  agreement  and any interest or other
      earnings attributable to the money held in such fund shall  be  utilized
      with such money for the purpose set forth in this subdivision.
        6.  Notwithstanding any other law, rule or regulation to the contrary,
      where an agreement  between  the  state  and  an  employee  organization
      entered into pursuant to article fourteen of this chapter so provides on
      behalf  of  employees in positions serving in the collective negotiating
      unit created by chapter four hundred  three  of  the  laws  of  nineteen
      hundred  eighty-three,  a  survivor's  benefit for a state employee in a
      position represented by such employee organization shall be paid  in  an
      amount  as  provided  in  such agreement in the event that such employee
      dies subsequent to April first, nineteen  hundred  eighty-five,  as  the
      result  of  an  accidental on-the-job injury or disease and that a death
      benefit  is  paid  pursuant  to  the  workers'  compensation  law.  Such
      survivor's  benefit shall be paid to the employee's surviving spouse and
      children as designated by the workers' compensation board to  receive  a
      death  benefit  pursuant  to  the  workers' compensation law in the same
      proportion as the death benefit provided by  the  workers'  compensation
      law  is paid. In the event that the employee is not survived by a spouse
      or children, the survivor's benefit shall be paid to the estate  of  the
      employee.  Such  survivor's  benefit  shall  be in addition to or not in
      place of any other survivor's or death benefit payable on behalf of such
      employee.
        7. Notwithstanding any law, rule or regulation to the contrary,  where
      an  agreement  between  the state and such employee organization entered
      into pursuant to article fourteen of this chapter so provides, the state
      shall establish a  special  education  fund  to  provide  the  child  or
      children  as  designated by the workers' compensation board to receive a
      death  benefit  pursuant  to  the  workers'  compensation  law  of  such
      employees  for whom a survivor's benefit is paid pursuant to subdivision
      six of this section with full tuition up to the amount  charged  for  an
      undergraduate  college or university by the state university of New York
    
      as  determined  by  the  state  to  attend  any  accredited  college  or
      university  within  this state provided, however, such child or children
      as so designated meet the  entrance  requirements  of  such  college  or
      university.  The  special  education fund shall be funded at a level and
      for the period of time as determined by such agreement and any  interest
      or  other  earnings attributable to the money held in such fund shall be
      utilized with such money for the purpose set forth in this subdivision.
        8. Notwithstanding any other law, rule or regulation to the  contrary,
      where  an  agreement  between  the  state  and  an employee organization
      entered into pursuant to article fourteen of this chapter so provides on
      behalf of employees in positions serving in the  collective  negotiating
      units  designated  as  the  security  services  unit  and  the  security
      supervisors unit, a  survivor's  benefit  for  a  state  employee  in  a
      position  represented  by such employee organization shall be paid in an
      amount as provided in such agreement in the  event  that  such  employee
      dies  subsequent  to  April  first, nineteen hundred eighty-five, as the
      result of an accidental on-the-job injury or disease provided that it is
      finally determined by the appropriate federal authorities that a  public
      safety officer's death benefit is not payable pursuant to sections three
      thousand  seven  hundred ninety-six through three thousand seven hundred
      ninety-six-c of title forty-two of the United States Code, and  provided
      further   that  a  death  benefit  is  paid  pursuant  to  the  workers'
      compensation  law.  Such  survivor's  benefit  shall  be  paid  to   the
      employee's surviving spouse and dependent children who are designated by
      the  workers'  compensation  board to receive a death benefit or portion
      thereof in the same proportion as the  death  benefit  provided  by  the
      workers' compensation law is paid. In the event that the employee is not
      survived by a spouse or dependent children, the survivor's benefit shall
      be  paid to the estate of the employee. Such survivor's benefit shall be
      in addition to and not in place of any other survivor's or death benefit
      payable on behalf of such employee, except that such benefit  shall  not
      be  payable  if  a  public  safety  officer's  death  benefit is payable
      pursuant to sections three thousand  seven  hundred  ninety-six  through
      three thousand seven hundred ninety-six-c of the United States Code.
        9.  Notwithstanding any law, rule or regulation to the contrary, where
      an agreement between the state and an employee organization entered into
      pursuant to article fourteen of this chapter so provides  on  behalf  of
      civilian  employees  in  positions serving in the collective negotiating
      unit designated as the division of military and naval  affairs  unit,  a
      survivor's   benefit  for  a  state  employee  in  a  position  in  such
      negotiating unit shall  be  paid  in  an  amount  as  provided  in  such
      agreement  in  the  event  that  such  employee dies subsequent to April
      first, nineteen hundred eighty-five, as  the  result  of  an  accidental
      on-the-job  injury,  provided  that  it  is  finally  determined  by the
      appropriate federal authorities that a  public  safety  officer's  death
      benefit is not payable pursuant to sections three thousand seven hundred
      ninety-six  through  three  thousand seven hundred ninety-six-c of title
      forty-two of the United States code, and provided further that  a  death
      benefit  is  paid  pursuant  to  the  workers'  compensation  law.  Such
      survivor's benefit shall be paid to the employee's surviving spouse  and
      children  who  are  designated  by  the  workers'  compensation board to
      receive a death benefit or portion thereof in the same proportion as the
      death benefit provided by the workers' compensation law is paid. In  the
      event  that  the  employee  is not survived by a spouse or children, the
      survivor's benefit shall be paid to the estate of the  employee.    Such
      survivor's benefit shall be in addition to and not in place of any other
      survivor's  or  death  benefit payable on behalf of such employee except
      that such benefit shall not be payable  if  a  public  safety  officer's
    
      death  benefit  is  payable  pursuant  to  sections three thousand seven
      hundred ninety-six through three thousand seven hundred ninety-six-c  of
      title forty-two of the Unites States code.
        10. Notwithstanding any law, rule or regulation to the contrary, where
      an  agreement  between  the state and such employee organization entered
      into pursuant to article fourteen of this chapter so provides, the state
      shall establish a  special  education  fund  to  provide  the  child  or
      children  as  designated by the workers' compensation board to receive a
      death  benefit  pursuant  to  the  workers'  compensation  law  of  such
      employees  for whom a survivor's benefit is paid pursuant to subdivision
      nine of this section with full tuition up to the amount charged  for  an
      undergraduate  college or university by the state university of New York
      to attend  any  accredited  college  or  university  within  this  state
      provided,  however,  such  child  or  children as so designated meet the
      entrance  requirements  of  such  college  or  university.  The  special
      education  fund shall be funded at a level and for the period of time as
      determined  by  such  agreement  and  any  interest  or  other  earnings
      attributable  to the money held in such fund shall be utilized with such
      money for the purpose set forth in this subdivision.