N.Y. Civil Service Law § 154-b: Agreements between state and employee organization

§ 154-b. Agreements between state and employee organization. 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, agency police 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, agency police 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.