Section 99-M. Attica state employee victims' fund

1. Establishment of
  fund.   (a) There is hereby established in  the  joint  custody  of  the
  commissioner of taxation and finance and the state comptroller a special
  fund  to  be  known  as  the  "Attica  state employee victims' fund" for
  payment to the state employee victims of the September, nineteen hundred
  seventy-one Attica correctional facility inmate uprising and retaking.
    (b) Such account shall consist of monies transferred from the  general
  fund.  An  annual  transfer  of  two million dollars will be made on and
  after September first but not later than March  thirty-first,  beginning
  with  the  two  thousand  five--two  thousand  six state fiscal year and
  ending with the two thousand ten--two thousand eleven state fiscal year,
  for a total of twelve million dollars ($12,000,000).
    (c) Moneys of such fund shall be distributed pursuant to this  section
  to  the  state employee victims and survivors of deceased state employee
  victims as recompense for the pain, suffering  and  torment  endured  by
  those victims during the course of the uprising and retaking.
    2.  Class  of eligible employee claimants, their estates or survivors.
  (a) For the purposes of this section, the term "distributee" shall  have
  the  same meaning as that encompassed in the rules of distribution of an
  intestate estate as codified at section 4-1.1 of the estates, powers and
  trusts law.
    (b) The following individuals are eligible for payment from the Attica
  state employee victims' fund: (i) Distributees of any correction officer
  or state civilian employee who died as a result  of  injuries  sustained
  during  the uprising or retaking of Attica correctional facility between
  September ninth and September thirteenth, nineteen hundred seventy-one;
    (ii) Any current  or  former  correction  officer  or  state  civilian
  employee,  so  employed as of the dates of the uprising or retaking, who
  was physically attacked, held hostage or detained by inmates during  the
  Attica  riot between the dates September ninth and September thirteenth,
  nineteen hundred seventy-one, even if released prior to the retaking  of
  Attica  correctional  facility  by state forces on September thirteenth,
  nineteen hundred seventy-one, or the  distributees  of  said  correction
  officer or state civilian employee, should they be now deceased; and
    (iii)  Any  current  or  former  correction  officer or state civilian
  employee, so employed as of the dates of the uprising  or  retaking,  or
  any  current or former New York state police employee, so employed as of
  the dates of the uprising or retaking, who was shot during the  retaking
  of Attica correctional facility by state forces on September thirteenth,
  nineteen  hundred  seventy-one,  or  the  distributees of said employee,
  should said employee be now deceased.
    (c) Any person who would otherwise qualify as a member  of  the  class
  shall  be excluded if, prior to the effective date of this section, they
  shall have been granted judgment in a civil suit in the New  York  state
  court  of claims or received payment as settlement of a civil suit filed
  in the New York state court of claims against  the  state  of  New  York
  based upon facts arising out of the Attica prison uprising.
    3.   Claim  procedure.  It  is  recognized  that  approximately  fifty
  employees, or their estates or survivors, comprise the class of eligible
  claimants.  A payment plan for the Attica state employee  victims'  fund
  shall be developed and administered as follows:
    (a)  An  individual  or  entity  ("administrator"),  appointed  by the
  governor in consultation with the temporary president of the senate, the
  speaker of the assembly,  and  representatives  of  eligible  claimants,
  shall  develop  the  compensation payment plan. Such administrator shall
  not be entitled to salary or remuneration for his/her services; however,
  reasonable  expenses  directly  connected  to   the   conduct   of   the

  administrator's   duties   shall  be  paid  through  the  department  of
  correctional services.
    (b)  The  administrator shall receive from each claimant an accounting
  of the injuries suffered by the state employee victim during the  course
  of the Attica riots. The administrator shall determine and promulgate to
  potential  claimants through the department of correctional services the
  means and dates by which said accountings of injuries shall be submitted
  and determined. To  the  extent  any  inconsistency  or  discrepancy  in
  accounts  of injuries suffered is identified, the administrator may rely
  upon the assistance of the report, research, and documentation regarding
  the Attica riots compiled by the Attica task force created in  March  of
  two thousand one.
    (c)  Upon  receipt and review of all accountings of injuries suffered,
  the administrator shall  place  each  identified  state-employee  victim
  (living  or  deceased)  into  one  of  an  appropriate  number  of broad
  subclasses to be identified by the administrator, such subclasses to  be
  defined  according  to the nature and severity of the injuries suffered.
  Each  identified  state-employee  victim,  or   the   group   of   their
  distributees  as identified pursuant to subdivision two of this section,
  within a subclass shall receive the identical monetary  award,  provided
  however, that an offset against the award of fifty-five thousand dollars
  ($55,000)  shall be made for the survivors of any employee killed during
  the Attica riot, if such survivor or survivors previously opted for  and
  did receive the sum of fifty-five thousand dollars ($55,000) pursuant to
  the  appropriation  in  part O of chapter fifty-seven of the laws of two
  thousand.
    (d) Total payments made under the plan shall be twelve million dollars
  ($12,000,000). Upon final completion of  the  payment  plan  and  annual
  payment schedule, the administrator shall certify to the comptroller, no
  later than March thirty-first, two thousand six, the payments to be made
  from the Attica state employee victims' fund.
    4.  Exemption. All payments received pursuant to this section, whether
  by judgment or compromise and  settlement,  shall  be  exempt  from  all
  taxation.
    * NB Repealed July 1, 2011