§ 209-A — Workers' compensation supplementation allowance

§ 209-a. Workers' compensation supplementation allowance. 1.\nNotwithstanding any other law, rule or regulation to the contrary,\nwhere, and to the extent that, an agreement between the state or the New\nYork state canal corporation and an employee organization entered into\npursuant to article fourteen of the civil service law on behalf of\nemployees in a collective negotiating unit established pursuant to\narticle fourteen of the civil service law provides for the payment of a\nsupplement to the workers' compensation award, such supplement shall be\npaid in accordance with such agreement. Officers and employees serving\nin positions in the executive branch which are designated managerial or\nconfidential pursuant to article fourteen of the civil service law,\ncivilian state employees of the division of military and naval affairs\nof the executive department whose positions are not in, or are excluded\nfrom representation rights in any recognized or certified negotiating\nunit, those excluded from representation rights under article fourteen\nof the civil service law pursuant to rules and regulations of the public\nemployment relations board and officers and employees of the legislature\nshall receive a supplement to the workers' compensation award provided,\nhowever, that officers and employees serving in positions in the\nexecutive branch which are designated managerial or confidential\npursuant to article fourteen of the civil service law, civilian state\nemployees of the division of military and naval affairs of the executive\ndepartment whose positions are not in, or are excluded from\nrepresentation rights in any recognized or certified negotiating unit\nand those excluded from representation rights under article fourteen of\nthe civil service law pursuant to rules and regulations of the public\nemployment relations board shall receive such supplement only with\nrespect to an absence resulting from an occupational injury or disease\noccurring on or before June thirtieth, nineteen hundred ninety-two. Such\nsupplement shall be paid in accordance with rules and regulations to be\npromulgated by the president of the civil service commission.\n For the sole purpose of retirement credit, retirement contribution and\nfinal average salary under the retirement and social security law, an\nemployee's compensation for the period during which he or she receives\nsuch supplement and such award shall be deemed to be the full\ncompensation or salary such employee would have earned or been entitled\nto receive had he or she not received the workers' compensation benefit\nprovided by such agreement. During the period of time an employee\nreceives payment of such supplement and workers' compensation award,\nsuch employee shall be deemed on the payroll in full status for those\npurposes provided for in such agreement.\n 2. Notwithstanding any other law, rule or regulation to the contrary,\nwhere, and to the extent that, an agreement between the state or the New\nYork state canal corporation and an employee organization entered into\npursuant to article fourteen of the civil service law on behalf of\nemployees in a collective negotiating unit established pursuant to\narticle fourteen of the civil service law so provides, an employee\nplaced on an authorized leave without pay during the course of an\nabsence resulting from an occupational injury or disease found to be\ncompensable by the workers' compensation board shall be deemed to be on\nthe payroll at such employee's prevailing rate of annual compensation\nfor the purpose of retirement credit and employer contributions to the\nretirement system. Officers and employees serving in positions in the\nexecutive branch which are designated managerial or confidential\npursuant to article fourteen of the civil service law, civilian state\nemployees of the division of military and naval affairs of the executive\ndepartment whose positions are not in, or are excluded from\nrepresentation rights in any recognized or certified negotiating unit\nand those excluded from representation rights under article fourteen of\nthe civil service law pursuant to rules and regulations of the public\nemployment relations board who are placed on an authorized leave without\npay during the course of an absence resulting from an occupational\ninjury or disease found to be compensable by the workers' compensation\nboard occurring on or after July first, nineteen hundred ninety-two,\nshall be deemed to be on the payroll at such officer's or employee's\nprevailing rate of compensation for the purpose of retirement credit and\nemployer contributions to the retirement system. Any employee\ncontribution relating to the retirement credit provided by this\nsubdivision shall be paid directly by such employee to the retirement\nsystem pursuant to the rules and regulations of the comptroller. The\nretirement credit provided by this subdivision shall only apply to a\nperiod of authorized leave without pay occurring during the first twelve\nmonths of absence related to such occupational injury or disease.\n 3. Notwithstanding subdivision two of this section and any other law,\nrule or regulation to the contrary, where, and to the extent that, an\nagreement between the state and an employee organization on behalf of\nstate employees in the professional, scientific and technical\nnegotiating unit established pursuant to article fourteen of the civil\nservice law so provides, an employee who participates in the medical\nevaluation program established pursuant to such negotiated agreement and\nis placed on an authorized leave without pay during the course of an\nabsence resulting from an occupational injury or disease found to be\ncompensable by the workers' compensation board shall be deemed to be on\nthe payroll at such employee's prevailing rate of annual compensation\nfor the purposes of retirement credit and employer contributions to the\nretirement system. Any employee contribution relating to the retirement\ncredit provided by this subdivision shall be paid directly by such\nemployee to the retirement system pursuant to the rules and regulations\nof the comptroller. The retirement credit provided by this subdivision\nshall only apply to a period of authorized leave without pay occurring\nduring the first twelve months of absence related to such occupational\ninjury or disease.\n