2023 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.