2023 New York Laws › CVS - Civil Service › Article 10 - Miscellaneous Provisions › 154-C - Managerial or Confidential Survivor's Benefit; Special Education Fund.

§ 154-c. Managerial   or   confidential  survivor's  benefit;  special
  education fund. 1. The term "managerial  or  confidential  employee"  as
  used  in  this section shall mean a full-time employee or officer in the
  executive branch of the state whose position is designated managerial or
  confidential pursuant to article  fourteen  of  this  chapter,  civilian
  state  employees  of  the  division of military and naval affairs in the
  executive department whose positions are not in, or  are  excluded  from
  representation  rights in, any recognized or certified negotiating unit,
  officers and employees excluded from representation rights under article
  fourteen of this chapter pursuant to rules and regulations of the public
  employment relations board, officers and employees  whose  salaries  are
  prescribed  by  section  nineteen  of  the  correction law, officers and
  employees  whose  salaries  are  provided  for  by  paragraph   (a)   of
  subdivision one of section two hundred fifteen of the executive law, and
  employees  in  positions  in  the  professional  service  in  the  state
  university which are designated, stipulated or excluded from negotiating
  units as managerial or  confidential  as  defined  pursuant  to  article
  fourteen of this chapter.
2.  Notwithstanding any other law, rule or regulation to the contrary,
  a survivor's benefit for a managerial or confidential employee shall  be
  paid  in  an  amount  of  fifty  thousand dollars 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 children in the same proportion  as  the
  death benefit provided by the workers' compensation law is paid. For the
  purposes  of  this section, the employee's surviving spouse and children
  shall be the persons designated as such  by  the  workers'  compensation
  board.  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 the United States code.
3.  Notwithstanding  any  law, rule or regulation to the contrary, the
  state shall provide the child or children 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 by the state  university,  to
  attend  any accredited college or university within this state provided,
  however, such child or children meet the entrance requirements  of  such
  college  or  university.    Such  child  or  children  are those who are
  designated by the workers' compensation board to receive a death benefit
  pursuant to the workers' compensation law.