Section 154-C. Managerial or confidential survivor's benefit; special education fund  


Latest version.
  • 1. The term "managerial  or  confidential  employee"  as  used  in  this section shall mean a full-time employee or officer in the
      executive branch of the state whose position is designated managerial or
      confidential pursuant to article  fourteen  of  this  chapter,  civilian
      state  employees  of  the  division of military and naval affairs in the
      executive department whose positions are not in, or  are  excluded  from
      representation  rights in, any recognized or certified negotiating unit,
      officers and employees excluded from representation rights under article
      fourteen of this chapter pursuant to rules and regulations of the public
      employment relations board, officers and employees  whose  salaries  are
      prescribed  by  section  nineteen  of  the  correction law, officers and
      employees  whose  salaries  are  provided  for  by  paragraph   (a)   of
      subdivision one of section two hundred fifteen of the executive law, and
      employees  in  positions  in  the  professional  service  in  the  state
      university which are designated, stipulated or excluded from negotiating
      units as managerial or  confidential  as  defined  pursuant  to  article
      fourteen of this chapter.
        2.  Notwithstanding any other law, rule or regulation to the contrary,
      a survivor's benefit for a managerial or confidential employee shall  be
      paid  in  an  amount  of  fifty  thousand dollars 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 children in the same proportion  as  the
      death benefit provided by the workers' compensation law is paid. For the
      purposes  of  this section, the employee's surviving spouse and children
      shall be the persons designated as such  by  the  workers'  compensation
      board.  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 the United States code.
        3.  Notwithstanding  any  law, rule or regulation to the contrary, the
      state shall provide the child or children 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 by the state  university,  to
      attend  any accredited college or university within this state provided,
      however, such child or children meet the entrance requirements  of  such
      college  or  university.    Such  child  or  children  are those who are
      designated by the workers' compensation board to receive a death benefit
      pursuant to the workers' compensation law.