§ 154-B — Agreements between state and employee organization

§ 154-b. Agreements between state and employee organization. 1.\nNotwithstanding any other law, rule or regulation to the contrary, where\nan agreement between the state and an employee organization entered into\npursuant to article fourteen of this chapter so provides on behalf of\nemployees in positions serving in the collective negotiating units\ndesignated as the administrative services unit, institutional services\nunit and the operational services unit, a survivor's benefit for a state\nemployee in a position in such negotiating units shall be paid in an\namount as provided in such agreement in the event that such employee\ndies subsequent to April first, nineteen hundred eighty-five as the\nresult of an accidental on-the-job injury and that a death benefit is\npaid pursuant to the workers' compensation law. Such survivor's benefit\nshall be paid to the employee's surviving spouse and children who are\ndesignated by the workers' compensation board to receive a death benefit\nor portion thereof in the same proportion as the death benefit provided\nby the workers' compensation law is paid. In the event that the employee\nis not survived by a spouse or children, the survivor's benefit shall be\npaid to the estate of the employee. Such survivor's benefit shall be in\naddition to and not in place of any other survivor's or death benefit\npayable on behalf of such employee.\n 2. Notwithstanding any law, rule or regulation to the contrary, where\nan agreement between the state and such employee organization entered\ninto pursuant to article fourteen of this chapter so provides, the state\nshall establish a special education fund to provide the child or\nchildren as designated by the workers' compensation board to receive a\ndeath benefit pursuant to the workers' compensation law of such\nemployees for whom a survivor's benefit is paid pursuant to subdivision\none of this section with full tuition up to the amount charged for an\nundergraduate college or university by the state university of New York\nto attend any accredited college or university within this state\nprovided, however, such child or children as so designated meet the\nentrance requirements of such college or university. The special\neducation fund shall be funded at a level and for the period of time as\ndetermined by such agreement and any interest or other earnings\nattributable to the money held in such fund shall be utilized with such\nmoney for the purpose set forth in this subdivision.\n 3. Notwithstanding any law, rule or regulation to the contrary, where\nan agreement between the state and an employee organization entered into\npursuant to article fourteen of this chapter so provides on behalf of\nemployees in positions serving in the collective negotiating units\ndesignated as the security services unit, agency police services unit\nand the security supervisors unit, the state shall establish a special\neducation fund to provide the child or children as designated by the\nworkers' compensation board to receive a death benefit pursuant to the\nworkers' compensation law of such employees who, subsequent to April\nfirst, nineteen hundred eighty-five, die under circumstances as defined\nin such agreement with full tuition up to the amount charged for an\nundergraduate college or university by the state university of New York\nto attend any college or university provided, however, such child or\nchildren as so designated meet the entrance requirements of such college\nor university. The special education fund shall be funded at a level and\nfor the period of time as determined by such agreement and any interest\nor other earnings attributable to the money held in such fund shall be\nutilized with such money for the purpose set forth in this subdivision.\n 4. Notwithstanding any other law, rule or regulation to the contrary,\nwhere an agreement between the state and an employee organization\nentered into pursuant to article fourteen of this chapter so provides on\nbehalf of employees in positions serving in the collective negotiating\nunit designated as the professional, scientific and technical services\nunit, a survivor's benefit for a state employee in a position\nrepresented by such employee organization shall be paid in an amount as\nprovided in such agreement in the event that such employee dies\nsubsequent to April first, nineteen hundred eighty-five, as the result\nof an accidental on-the-job injury or disease and that a death benefit\nis paid pursuant to the workers' compensation law. Such survivor's\nbenefit shall be paid to the employee's surviving spouse and children as\ndesignated by the workers' compensation board to receive a death benefit\npursuant to the workers' compensation law in the same proportion as the\ndeath benefit provided by the workers' compensation law is paid. In the\nevent that the employee is not survived by a spouse or children, the\nsurvivor's benefit shall be paid to the estate of the employee. Such\nsurvivor's benefit shall be in addition to and not in place of any other\nsurvivor's or death benefit payable on behalf of such employee.\n 5. Notwithstanding any law, rule or regulation to the contrary, where\nan agreement between the state and such employee organization entered\ninto pursuant to article fourteen of this chapter so provides, the state\nshall establish a special education fund to provide the child or\nchildren as designated by the workers' compensation board to receive a\ndeath benefit pursuant to the workers' compensation law of such\nemployees for whom a survivor's benefit is paid pursuant to subdivision\nfour of this section with full tuition to attend a college or university\nwhich is part of the state university provided, however, such child or\nchildren meet the entrance requirements of such college or university.\nThe special education fund shall be funded at a level and for the period\nof time as determined by such agreement and any interest or other\nearnings attributable to the money held in such fund shall be utilized\nwith such money for the purpose set forth in this subdivision.\n 6. Notwithstanding any other law, rule or regulation to the contrary,\nwhere an agreement between the state and an employee organization\nentered into pursuant to article fourteen of this chapter so provides on\nbehalf of employees in positions serving in the collective negotiating\nunit created by chapter four hundred three of the laws of nineteen\nhundred eighty-three, a survivor's benefit for a state employee in a\nposition represented by such employee organization shall be paid in an\namount as provided in such agreement in the event that such employee\ndies subsequent to April first, nineteen hundred eighty-five, as the\nresult of an accidental on-the-job injury or disease and that a death\nbenefit is paid pursuant to the workers' compensation law. Such\nsurvivor's benefit shall be paid to the employee's surviving spouse and\nchildren as designated by the workers' compensation board to receive a\ndeath benefit pursuant to the workers' compensation law in the same\nproportion as the death benefit provided by the workers' compensation\nlaw is paid. In the event that the employee is not survived by a spouse\nor children, the survivor's benefit shall be paid to the estate of the\nemployee. Such survivor's benefit shall be in addition to or not in\nplace of any other survivor's or death benefit payable on behalf of such\nemployee.\n 7. Notwithstanding any law, rule or regulation to the contrary, where\nan agreement between the state and such employee organization entered\ninto pursuant to article fourteen of this chapter so provides, the state\nshall establish a special education fund to provide the child or\nchildren as designated by the workers' compensation board to receive a\ndeath benefit pursuant to the workers' compensation law of such\nemployees for whom a survivor's benefit is paid pursuant to subdivision\nsix of this section with full tuition up to the amount charged for an\nundergraduate college or university by the state university of New York\nas determined by the state to attend any accredited college or\nuniversity within this state provided, however, such child or children\nas so designated meet the entrance requirements of such college or\nuniversity. The special education fund shall be funded at a level and\nfor the period of time as determined by such agreement and any interest\nor other earnings attributable to the money held in such fund shall be\nutilized with such money for the purpose set forth in this subdivision.\n 8. Notwithstanding any other law, rule or regulation to the contrary,\nwhere an agreement between the state and an employee organization\nentered into pursuant to article fourteen of this chapter so provides on\nbehalf of employees in positions serving in the collective negotiating\nunits designated as the security services unit, agency police services\nunit and the security supervisors unit, a survivor's benefit for a state\nemployee in a position represented by such employee organization shall\nbe paid in an amount as provided in such agreement in the event that\nsuch employee dies subsequent to April first, nineteen hundred\neighty-five, as the result of an accidental on-the-job injury or disease\nprovided that it is finally determined by the appropriate federal\nauthorities that a public safety officer's death benefit is not payable\npursuant to sections three thousand seven hundred ninety-six through\nthree thousand seven hundred ninety-six-c of title forty-two of the\nUnited States Code, and provided further that a death benefit is paid\npursuant to the workers' compensation law. Such survivor's benefit shall\nbe paid to the employee's surviving spouse and dependent children who\nare designated by the workers' compensation board to receive a death\nbenefit or portion thereof in the same proportion as the death benefit\nprovided by the workers' compensation law is paid. In the event that the\nemployee is not survived by a spouse or dependent children, the\nsurvivor's benefit shall be paid to the estate of the employee. Such\nsurvivor's benefit shall be in addition to and not in place of any other\nsurvivor's or death benefit payable on behalf of such employee, except\nthat such benefit shall not be payable if a public safety officer's\ndeath benefit is payable pursuant to sections three thousand seven\nhundred ninety-six through three thousand seven hundred ninety-six-c of\nthe United States Code.\n 9. Notwithstanding any law, rule or regulation to the contrary, where\nan agreement between the state and an employee organization entered into\npursuant to article fourteen of this chapter so provides on behalf of\ncivilian employees in positions serving in the collective negotiating\nunit designated as the division of military and naval affairs unit, a\nsurvivor's benefit for a state employee in a position in such\nnegotiating unit shall be paid in an amount as provided in such\nagreement in the event that such employee dies subsequent to April\nfirst, nineteen hundred eighty-five, as the result of an accidental\non-the-job injury, provided that it is finally determined by the\nappropriate federal authorities that a public safety officer's death\nbenefit is not payable pursuant to sections three thousand seven hundred\nninety-six through three thousand seven hundred ninety-six-c of title\nforty-two of the United States code, and provided further that a death\nbenefit is paid pursuant to the workers' compensation law. Such\nsurvivor's benefit shall be paid to the employee's surviving spouse and\nchildren who are designated by the workers' compensation board to\nreceive a death benefit or portion thereof in the same proportion as the\ndeath benefit provided by the workers' compensation law is paid. In the\nevent that the employee is not survived by a spouse or children, the\nsurvivor's benefit shall be paid to the estate of the employee. Such\nsurvivor's benefit shall be in addition to and not in place of any other\nsurvivor's or death benefit payable on behalf of such employee except\nthat such benefit shall not be payable if a public safety officer's\ndeath benefit is payable pursuant to sections three thousand seven\nhundred ninety-six through three thousand seven hundred ninety-six-c of\ntitle forty-two of the Unites States code.\n 10. Notwithstanding any law, rule or regulation to the contrary, where\nan agreement between the state and such employee organization entered\ninto pursuant to article fourteen of this chapter so provides, the state\nshall establish a special education fund to provide the child or\nchildren as designated by the workers' compensation board to receive a\ndeath benefit pursuant to the workers' compensation law of such\nemployees for whom a survivor's benefit is paid pursuant to subdivision\nnine of this section with full tuition up to the amount charged for an\nundergraduate college or university by the state university of New York\nto attend any accredited college or university within this state\nprovided, however, such child or children as so designated meet the\nentrance requirements of such college or university. The special\neducation fund shall be funded at a level and for the period of time as\ndetermined by such agreement and any interest or other earnings\nattributable to the money held in such fund shall be utilized with such\nmoney for the purpose set forth in this subdivision.\n