Section 227-A. Death benefits  


Latest version.
  • 1. The following benefit shall be paid by the
      state  on  account of death of a member of the division of state police.
      To the widow, until she be married  again,  or  the  dependent  children
      under  the  age  of  twenty-one  years, or the dependent mother of every
      member of the division of state police whose death has  been  heretofore
      caused  or  shall hereafter be caused by injury or disease contracted in
      the performance of duty there shall be paid annually  as  long  as  such
      dependency  continues  upon  certification  of a board consisting of the
      superintendent of state police,  the  attorney  general  and  the  state
      comptroller,   one-half  the  salary  including  maintenance  allowance,
      received by such member at the time of death.
        2. Notwithstanding any law, rule or regulation to the contrary,  where
      an agreement between the state and an employee organization representing
      members  of the collective negotiating unit consisting of investigators,
      senior investigators and investigative specialists of  the  division  of
      state  police, or the collective negotiating unit consisting of troopers
      in the division of state  police  or  the  collective  negotiating  unit
      consisting of commissioned and non-commissioned officers of the division
      of  state  police  established pursuant to article fourteen of the civil
      service law so provides, a survivor's  benefit  for  a  member  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 member's surviving spouse and
      dependent children in the same proportion as the death benefit  provided
      by  the  workers' compensation law is paid. In the event that the member
      is not survived by  a  spouse  or  dependent  children,  the  survivor's
      benefit  shall  be  paid  to  the  estate of the member. 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  member,  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,  where
      an agreement between the state and an employee organization representing
      members  of the collective negotiating unit consisting of investigators,
      senior investigators and investigative specialists of  the  division  of
      state  police  or the collective negotiating unit consisting of troopers
      in the division of state  police  or  the  collective  negotiating  unit
      consisting of commissioned and non-commissioned officers of the division
      of  state  police  established pursuant to article fourteen of the civil
      service law so provides, the state shall provide the child  or  children
      of  such  members  for  whom  a  survivor's  benefit is paid pursuant to
      subdivision two of this section, or for whom  a  federal  public  safety
      officer's  benefit  is  payable  as specified in subdivision two of this
      section, with full tuition  up  to  the  amount  charged  by  the  state
      university  of  New  York  to attend any college or university 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.