N.Y. State Finance Law § 209-a: Workers' compensation supplementation allowance

§ 209-a. Workers' compensation supplementation allowance. 1.

Notwithstanding any other law, rule or regulation to the contrary,

where, and to the extent that, an agreement between the state or the New

York state canal corporation and an employee organization entered into

pursuant to article fourteen of the civil service law on behalf of

employees in a collective negotiating unit established pursuant to

article fourteen of the civil service law provides for the payment of a

supplement to the workers' compensation award, such supplement shall be

paid in accordance with such agreement. Officers and employees serving

in positions in the executive branch which are designated managerial or

confidential pursuant to article fourteen of the civil service law,

civilian state employees of the division of military and naval affairs

of the executive department whose positions are not in, or are excluded

from representation rights in any recognized or certified negotiating

unit, those excluded from representation rights under article fourteen

of the civil service law pursuant to rules and regulations of the public

employment relations board and officers and employees of the legislature

shall receive a supplement to the workers' compensation award provided,

however, that officers and employees serving in positions in the

executive branch which are designated managerial or confidential

pursuant to article fourteen of the civil service law, civilian state

employees of the division of military and naval affairs of the executive

department whose positions are not in, or are excluded from

representation rights in any recognized or certified negotiating unit

and those excluded from representation rights under article fourteen of

the civil service law pursuant to rules and regulations of the public

employment relations board shall receive such supplement only with

respect to an absence resulting from an occupational injury or disease

occurring on or before June thirtieth, nineteen hundred ninety-two. Such

supplement shall be paid in accordance with rules and regulations to be

promulgated by the president of the civil service commission.

For the sole purpose of retirement credit, retirement contribution and

final average salary under the retirement and social security law, an

employee's compensation for the period during which he or she receives

such supplement and such award shall be deemed to be the full

compensation or salary such employee would have earned or been entitled

to receive had he or she not received the workers' compensation benefit

provided by such agreement. During the period of time an employee

receives payment of such supplement and workers' compensation award,

such employee shall be deemed on the payroll in full status for those

purposes provided for in such agreement.

2. Notwithstanding any other law, rule or regulation to the contrary,

where, and to the extent that, an agreement between the state or the New

York state canal corporation and an employee organization entered into

pursuant to article fourteen of the civil service law on behalf of

employees in a collective negotiating unit established pursuant to

article fourteen of the civil service law so provides, an employee

placed on an authorized leave without pay during the course of an

absence resulting from an occupational injury or disease found to be

compensable by the workers' compensation board shall be deemed to be on

the payroll at such employee's prevailing rate of annual compensation

for the purpose of retirement credit and employer contributions to the

retirement system. Officers and employees serving in positions in the

executive branch which are designated managerial or confidential

pursuant to article fourteen of the civil service law, civilian state

employees of the division of military and naval affairs of the executive

department whose positions are not in, or are excluded from

representation rights in any recognized or certified negotiating unit

and those excluded from representation rights under article fourteen of

the civil service law pursuant to rules and regulations of the public

employment relations board who are placed on an authorized leave without

pay during the course of an absence resulting from an occupational

injury or disease found to be compensable by the workers' compensation

board occurring on or after July first, nineteen hundred ninety-two,

shall be deemed to be on the payroll at such officer's or employee's

prevailing rate of compensation for the purpose of retirement credit and

employer contributions to the retirement system. Any employee

contribution relating to the retirement credit provided by this

subdivision shall be paid directly by such employee to the retirement

system pursuant to the rules and regulations of the comptroller. The

retirement credit provided by this subdivision shall only apply to a

period of authorized leave without pay occurring during the first twelve

months of absence related to such occupational injury or disease.

3. Notwithstanding subdivision two of this section and any other law,

rule or regulation to the contrary, where, and to the extent that, an

agreement between the state and an employee organization on behalf of

state employees in the professional, scientific and technical

negotiating unit established pursuant to article fourteen of the civil

service law so provides, an employee who participates in the medical

evaluation program established pursuant to such negotiated agreement and

is placed on an authorized leave without pay during the course of an

absence resulting from an occupational injury or disease found to be

compensable by the workers' compensation board shall be deemed to be on

the payroll at such employee's prevailing rate of annual compensation

for the purposes of retirement credit and employer contributions to the

retirement system. Any employee contribution relating to the retirement

credit provided by this subdivision shall be paid directly by such

employee to the retirement system pursuant to the rules and regulations

of the comptroller. The retirement credit provided by this subdivision

shall only apply to a period of authorized leave without pay occurring

during the first twelve months of absence related to such occupational

injury or disease.