N.Y. State Finance Law § 209-b: Severance benefits for certain state officers and employees

§ 209-b. Severance benefits for certain state officers and employees.

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

where, and to the extent that, an agreement between the state 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 severance benefit in the form of a lump

sum payment or an educational stipend as a consequence of the state

contracting for goods and services, such severance benefit shall be paid

in accordance with such agreement. A severance benefit in the form of a

lump sum payment shall be repaid to the state under the circumstances

and in the manner specified by such agreement.

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

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 whose permanent positions in the competitive, non-competitive or

labor classes are abolished as a consequence of the state contracting

for goods and services may receive a severance benefit in the form of a

lump sum payment or an educational stipend. Such severance benefit shall

be paid in accordance with rules and regulations to be promulgated by

the president of the civil service commission. A severance benefit in

the form of a lump sum payment shall be repaid to the state under the

circumstances and in the manner specified by such rules and regulations.

3. Any severance benefit paid pursuant to this section shall not be

deemed salary for any purposes of the civil service law or the

retirement and social security law.