NY Pub Auth L § 2799-HHHH (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 35 - Roosevelt Island Operating Corporation 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.