§ 2799-HHHH — Indemnification; notice of claims

§ 2799-hhhh. Indemnification; notice of claims. 1. The state shall\nindemnify and hold harmless the corporation, urban development\ncorporation and safe affordable housing for everyone, inc., and pursuant\nto section seventeen of the public officers law, their respective\nofficers, directors and employees, from and against any and all\nliability, claim, loss, damage, suit or judgment and any and all costs\nand expenses including, but not limited to, counsel fees and\ndisbursements that such corporations or their officers, directors or\nemployees may suffer or incur, whether before or after the date hereof,\nas a result of either (a) the development, management or operation of\nRoosevelt Island or (b) the performance or non-performance by the\ndivision of any of its obligations or duties with respect to Roosevelt\nIsland. All of the provisions of section seventeen of the public\nofficers law which are not inconsistent with this section shall apply to\nthe officers, directors, and employees of such corporations, including\nthe provisions relating to the defense by the attorney general or\nprivate counsel of any civil action and the payment of legal costs\nincurred in connection with the defense of any such action. Any member,\nofficer or employee of such corporations seeking to be saved harmless or\nindemnified or to claim any other benefits available pursuant to this\nsection or section seventeen of the public officers law shall comply\nwith the procedural requirements of such section seventeen. As used in\nthis section the terms "member", "officer" and "employee" shall include\na former member, officer or employee, his estate or judicially appointed\npersonal representative.\n 2. A notice of claim, served in accordance with the provisions of\nsection fifty-e of the general municipal law, shall be a condition\nprecedent to the commencement of an action against the corporation, its\nofficers, directors and employees. No such action shall be commenced\nmore than one year after it has accrued, except that an action against\nthe corporation for wrongful death shall be commenced within the notice\nof claim and time limitation provisions of title eleven of article nine\nof this chapter.\n 3. Notwithstanding the provisions of section one hundred thirteen of\nthe retirement and social security law and any other general, special or\nlocal law, the Roosevelt Island operating corporation shall provide to\npersons employed by the Roosevelt Island operating corporation any\nretirement, disability, death or other benefits provided or required\npursuant to any agreement with a labor union of which its employees are\nmembers, and the Roosevelt Island operating corporation is hereby\nauthorized to retroactively or in the future make such contributions as\nmay be necessary to provide such benefits.\n 4. For purposes of the retirement and social security law, persons\nemployed by the Roosevelt Island operating corporation and to whom the\nRoosevelt Island operating corporation provides any retirement,\ndisability, death and other benefits required pursuant to any agreement\nwith a labor union of which its employees are members, shall be deemed\nnot to be employees of the Roosevelt Island operating corporation. Such\nother persons who are employees of the Roosevelt Island operating\ncorporation as of the effective date of this title shall be eligible to\nreceive credit under the retirement and social security law for previous\nservice with the entities, or where applicable, their subsidiaries, made\nsubject to section seventeen of the public officers law by subdivision\none of this section.\n