§ 154-C — Managerial or confidential survivor's benefit; special education fund

§ 154-c. Managerial or confidential survivor's benefit; special\neducation fund. 1. The term "managerial or confidential employee" as\nused in this section shall mean a full-time employee or officer in the\nexecutive branch of the state whose position is designated managerial or\nconfidential pursuant to article fourteen of this chapter, civilian\nstate employees of the division of military and naval affairs in the\nexecutive department whose positions are not in, or are excluded from\nrepresentation rights in, any recognized or certified negotiating unit,\nofficers and employees excluded from representation rights under article\nfourteen of this chapter pursuant to rules and regulations of the public\nemployment relations board, officers and employees whose salaries are\nprescribed by section nineteen of the correction law, officers and\nemployees whose salaries are provided for by paragraph (a) of\nsubdivision one of section two hundred fifteen of the executive law, and\nemployees in positions in the professional service in the state\nuniversity which are designated, stipulated or excluded from negotiating\nunits as managerial or confidential as defined pursuant to article\nfourteen of this chapter.\n 2. Notwithstanding any other law, rule or regulation to the contrary,\na survivor's benefit for a managerial or confidential employee shall be\npaid in an amount of fifty thousand dollars in the event that such\nemployee dies subsequent to April first, nineteen hundred eighty-five,\nas the result of an accidental on-the-job injury or disease, provided\nthat it is finally determined by the appropriate federal authorities\nthat a public safety officer's death benefit is not payable pursuant to\nsections three thousand seven hundred ninety-six through three thousand\nseven hundred ninety-six-c of title forty-two of the United States code\nand provided further that a death benefit is paid pursuant to the\nworkers' compensation law. Such survivor's benefit shall be paid to the\nemployee's surviving spouse and children in the same proportion as the\ndeath benefit provided by the workers' compensation law is paid. For the\npurposes of this section, the employee's surviving spouse and children\nshall be the persons designated as such by the workers' compensation\nboard. In the event that the employee is not survived by a spouse or\nchildren, the survivor's benefit shall be paid to the estate of the\nemployee. Such survivor's benefit shall be in addition to and not in\nplace of any other survivor's or death benefit payable on behalf of such\nemployee, except that such benefit shall not be payable if a public\nsafety officer's death benefit is payable pursuant to sections three\nthousand seven hundred ninety-six through three thousand seven hundred\nninety-six-c of the United States code.\n 3. Notwithstanding any law, rule or regulation to the contrary, the\nstate shall provide the child or children of such employees for whom a\nsurvivor's benefit is paid pursuant to subdivision one of this section,\nwith full tuition up to the amount charged by the state university, to\nattend any accredited college or university within this state provided,\nhowever, such child or children meet the entrance requirements of such\ncollege or university. Such child or children are those who are\ndesignated by the workers' compensation board to receive a death benefit\npursuant to the workers' compensation law.\n