N.Y. Civil Service Law § 154-c: Managerial or confidential survivor's benefit; special education fund

§ 154-c. Managerial or confidential survivor's benefit; special

education fund. 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.