2023 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.