2023 New York Laws › STF - State Finance › Article 14 - Salaries and Employee Benefits › 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.