N.Y. Public Authorities Law § 2799-hhhh: Indemnification; notice of claims

§ 2799-hhhh. Indemnification; notice of claims. 1. The state shall

indemnify and hold harmless the corporation, urban development

corporation and safe affordable housing for everyone, inc., and pursuant

to section seventeen of the public officers law, their respective

officers, directors and employees, from and against any and all

liability, claim, loss, damage, suit or judgment and any and all costs

and expenses including, but not limited to, counsel fees and

disbursements that such corporations or their officers, directors or

employees may suffer or incur, whether before or after the date hereof,

as a result of either (a) the development, management or operation of

Roosevelt Island or (b) the performance or non-performance by the

division of any of its obligations or duties with respect to Roosevelt

Island. All of the provisions of section seventeen of the public

officers law which are not inconsistent with this section shall apply to

the officers, directors, and employees of such corporations, including

the provisions relating to the defense by the attorney general or

private counsel of any civil action and the payment of legal costs

incurred in connection with the defense of any such action. Any member,

officer or employee of such corporations seeking to be saved harmless or

indemnified or to claim any other benefits available pursuant to this

section or section seventeen of the public officers law shall comply

with the procedural requirements of such section seventeen. As used in

this section the terms "member", "officer" and "employee" shall include

a former member, officer or employee, his estate or judicially appointed

personal representative.

2. A notice of claim, served in accordance with the provisions of

section fifty-e of the general municipal law, shall be a condition

precedent to the commencement of an action against the corporation, its

officers, directors and employees. No such action shall be commenced

more than one year after it has accrued, except that an action against

the corporation for wrongful death shall be commenced within the notice

of claim and time limitation provisions of title eleven of article nine

of this chapter.

3. Notwithstanding the provisions of section one hundred thirteen of

the retirement and social security law and any other general, special or

local law, the Roosevelt Island operating corporation shall provide to

persons employed by the Roosevelt Island operating corporation any

retirement, disability, death or other benefits provided or required

pursuant to any agreement with a labor union of which its employees are

members, and the Roosevelt Island operating corporation is hereby

authorized to retroactively or in the future make such contributions as

may be necessary to provide such benefits.

4. For purposes of the retirement and social security law, persons

employed by the Roosevelt Island operating corporation and to whom the

Roosevelt Island operating corporation provides any retirement,

disability, death and other benefits required pursuant to any agreement

with a labor union of which its employees are members, shall be deemed

not to be employees of the Roosevelt Island operating corporation. Such

other persons who are employees of the Roosevelt Island operating

corporation as of the effective date of this title shall be eligible to

receive credit under the retirement and social security law for previous

service with the entities, or where applicable, their subsidiaries, made

subject to section seventeen of the public officers law by subdivision

one of this section.