NY Civ Serv L § 154-B (2021)
2021 New York Laws CVS - Civil Service Article 10 - Miscellaneous Provisions 154-B - Agreements Between State and Employee Organization.

§ 154-b. Agreements   between  state  and  employee  organization.  1.   Notwithstanding any other law, rule or regulation to the contrary, where   an agreement between the state and an employee organization entered into   pursuant to article fourteen of this chapter so provides  on  behalf  of   employees  in  positions  serving  in  the  collective negotiating units   designated as the administrative services unit,  institutional  services   unit and the operational services unit, a survivor's benefit for a state   employee  in  a  position  in such negotiating units 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 and that a  death  benefit  is   paid  pursuant to the workers' compensation law. Such survivor's benefit   shall be paid to the employee's surviving spouse and  children  who  are   designated by the workers' compensation board to receive a death benefit   or  portion thereof in the same proportion as the death benefit provided   by the workers' compensation law is paid. In the event that the employee   is not survived by a spouse or children, the survivor's benefit shall be   paid to the estate of the employee. 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 employee.2. Notwithstanding any law, rule or regulation to the contrary,  where   an  agreement  between  the state and such employee organization entered   into pursuant to article fourteen of this chapter so provides, the state   shall establish a  special  education  fund  to  provide  the  child  or   children  as  designated by the workers' compensation board to receive a   death  benefit  pursuant  to  the  workers'  compensation  law  of  such   employees  for whom a survivor's benefit is paid pursuant to subdivision   one of this section with full tuition up to the amount  charged  for  an   undergraduate  college or university by the state university of New York   to attend  any  accredited  college  or  university  within  this  state   provided,  however,  such  child  or  children as so designated meet the   entrance  requirements  of  such  college  or  university.  The  special   education  fund shall be funded at a level and for the period of time as   determined  by  such  agreement  and  any  interest  or  other  earnings   attributable  to the money held in such fund shall be utilized with such   money for the purpose set forth in this subdivision.3. Notwithstanding any law, rule or regulation to the contrary,  where   an agreement between the state and an employee organization entered into   pursuant  to  article  fourteen of this chapter so provides on behalf of   employees in positions  serving  in  the  collective  negotiating  units   designated  as  the  security services unit, agency police services unit   and the security supervisors unit, the state shall establish  a  special   education  fund  to  provide  the child or children as designated by the   workers' compensation board to receive a death benefit pursuant  to  the   workers'  compensation  law  of  such employees who, subsequent to April   first, nineteen hundred eighty-five, die under circumstances as  defined   in  such  agreement  with  full  tuition up to the amount charged for an   undergraduate college or university by the state university of New  York   to  attend  any  college  or university provided, however, such child or   children as so designated meet the entrance requirements of such college   or university. The special education fund shall be funded at a level and   for the period of time as determined by such agreement and any  interest   or  other  earnings attributable to the money held in such fund shall be   utilized with such money for the purpose set forth in this subdivision.4. Notwithstanding any other law, rule or regulation to the  contrary,   where  an  agreement  between  the  state  and  an employee organization   entered into pursuant to article fourteen of this chapter so provides on   behalf of employees in positions serving in the  collective  negotiating    unit  designated  as the professional, scientific and technical services   unit,  a  survivor's  benefit  for  a  state  employee  in  a   position   represented  by such employee organization 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 or disease and that a death benefit   is paid pursuant to  the  workers'  compensation  law.  Such  survivor's   benefit shall be paid to the employee's surviving spouse and children as   designated by the workers' compensation board to receive a death benefit   pursuant  to the workers' compensation law in the same proportion as the   death benefit provided by the workers' compensation law is paid. In  the   event  that  the  employee  is not survived by a spouse or children, the   survivor's benefit shall be paid to the estate  of  the  employee.  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 employee.5.  Notwithstanding any law, rule or regulation to the contrary, where   an agreement between the state and such  employee  organization  entered   into pursuant to article fourteen of this chapter so provides, the state   shall  establish  a  special  education  fund  to  provide  the child or   children as designated by the workers' compensation board to  receive  a   death  benefit  pursuant  to  the  workers'  compensation  law  of  such   employees for whom a survivor's benefit is paid pursuant to  subdivision   four of this section with full tuition to attend a college or university   which  is  part of the state university provided, however, such child or   children meet the entrance requirements of such college  or  university.   The special education fund shall be funded at a level and for the period   of  time  as  determined  by  such  agreement  and any interest or other   earnings attributable to the money held in such fund shall  be  utilized   with such money for the purpose set forth in this subdivision.6.  Notwithstanding any other law, rule or regulation to the contrary,   where an agreement  between  the  state  and  an  employee  organization   entered into pursuant to article fourteen of this chapter so provides on   behalf  of  employees in positions serving in the collective negotiating   unit created by chapter four hundred  three  of  the  laws  of  nineteen   hundred  eighty-three,  a  survivor's  benefit for a state employee in a   position represented by such employee organization 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 or disease and that a death   benefit  is  paid  pursuant  to  the  workers'  compensation  law.  Such   survivor's  benefit shall be paid to the employee's surviving spouse and   children as designated by the workers' compensation board to  receive  a   death  benefit  pursuant  to  the  workers' compensation law in the same   proportion as the death benefit provided by  the  workers'  compensation   law  is paid. In the event that the employee is not survived by a spouse   or children, the survivor's benefit shall be paid to the estate  of  the   employee.  Such  survivor's  benefit  shall  be in addition to or not in   place of any other survivor's or death benefit payable on behalf of such   employee.7. Notwithstanding any law, rule or regulation to the contrary,  where   an  agreement  between  the state and such employee organization entered   into pursuant to article fourteen of this chapter so provides, the state   shall establish a  special  education  fund  to  provide  the  child  or   children  as  designated by the workers' compensation board to receive a   death  benefit  pursuant  to  the  workers'  compensation  law  of  such   employees  for whom a survivor's benefit is paid pursuant to subdivision   six of this section with full tuition up to the amount  charged  for  an   undergraduate  college or university by the state university of New York    as  determined  by  the  state  to  attend  any  accredited  college  or   university  within  this state provided, however, such child or children   as so designated meet the  entrance  requirements  of  such  college  or   university.  The  special  education fund shall be funded at a level and   for the period of time as determined by such agreement and any  interest   or  other  earnings attributable to the money held in such fund shall be   utilized with such money for the purpose set forth in this subdivision.8. Notwithstanding any other law, rule or regulation to the  contrary,   where  an  agreement  between  the  state  and  an employee organization   entered into pursuant to article fourteen of this chapter so provides on   behalf of employees in positions serving in the  collective  negotiating   units  designated  as the security services unit, agency police services   unit and the security supervisors unit, a survivor's benefit for a state   employee in a position represented by such employee  organization  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 or disease   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 employee's surviving spouse and  dependent  children  who   are  designated  by  the  workers' compensation board to receive a death   benefit or portion thereof in the same proportion as the  death  benefit   provided by the workers' compensation law is paid. In the event that the   employee  is  not  survived  by  a  spouse  or  dependent  children, the   survivor's benefit shall be paid to the estate  of  the  employee.  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 employee, 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.9.  Notwithstanding any law, rule or regulation to the contrary, where   an agreement between the state and an employee organization entered into   pursuant to article fourteen of this chapter so provides  on  behalf  of   civilian  employees  in  positions serving in the collective negotiating   unit designated as the division of military and naval  affairs  unit,  a   survivor's   benefit  for  a  state  employee  in  a  position  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 employee's surviving spouse  and   children  who  are  designated  by  the  workers'  compensation board to   receive a death benefit or portion thereof in the same proportion as the   death benefit provided by the workers' compensation law is paid. In  the   event  that  the  employee  is not survived by a spouse or children, the   survivor's benefit shall be paid to the estate  of  the  employee.  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 employee 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   title forty-two of the Unites States code.10. Notwithstanding any law, rule or regulation to the contrary, where   an  agreement  between  the state and such employee organization entered   into pursuant to article fourteen of this chapter so provides, the state   shall establish a  special  education  fund  to  provide  the  child  or   children  as  designated by the workers' compensation board to receive a   death  benefit  pursuant  to  the  workers'  compensation  law  of  such   employees  for whom a survivor's benefit is paid pursuant to subdivision   nine of this section with full tuition up to the amount charged  for  an   undergraduate  college or university by the state university of New York   to attend  any  accredited  college  or  university  within  this  state   provided,  however,  such  child  or  children as so designated meet the   entrance  requirements  of  such  college  or  university.  The  special   education  fund shall be funded at a level and for the period of time as   determined  by  such  agreement  and  any  interest  or  other  earnings   attributable  to the money held in such fund shall be utilized with such   money for the purpose set forth in this subdivision.