N.Y. Executive Law § 227-a: Death benefits

§ 227-a. Death benefits. 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.