New York Laws
Article 10 - Miscellaneous Provisions
154-B - Agreements Between State and Employee Organization.

§ 154-b. Agreements between state and employee organization. 1.
Notwithstanding any other law, rule or regulation to the contrary, where
an agreement between the state and an employee organization entered into
pursuant to article fourteen of this chapter so provides on behalf of
employees in positions serving in the collective negotiating units
designated as the administrative services unit, institutional services
unit and the operational services unit, a survivor's benefit for a state
employee in a position in such negotiating units shall be paid in an
amount as provided in such agreement 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 and 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 who are
designated by the workers' compensation board to receive a death benefit
or portion thereof in the same proportion as the death benefit provided
by the workers' compensation law is paid. 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.

2. Notwithstanding any law, rule or regulation to the contrary, where
an agreement between the state and such employee organization entered
into pursuant to article fourteen of this chapter so provides, the state
shall establish a special education fund to provide the child or
children as designated by the workers' compensation board to receive a
death benefit pursuant to the workers' compensation law 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 for an
undergraduate college or university by the state university of New York
to attend any accredited college or university within this state
provided, however, such child or children as so designated meet the
entrance requirements of such college or university. The special
education fund shall be funded at a level and for the period of time as
determined by such agreement and any interest or other earnings
attributable to the money held in such fund shall be utilized with such
money for the purpose set forth in this subdivision.

3. Notwithstanding any law, rule or regulation to the contrary, where
an agreement between the state and an employee organization entered into
pursuant to article fourteen of this chapter so provides on behalf of
employees in positions serving in the collective negotiating units
designated as the security services unit, agency police services unit
and the security supervisors unit, the state shall establish a special
education fund to provide the child or children as designated by the
workers' compensation board to receive a death benefit pursuant to the
workers' compensation law of such employees who, subsequent to April
first, nineteen hundred eighty-five, die under circumstances as defined
in such agreement with full tuition up to the amount charged for an
undergraduate college or university by the state university of New York
to attend any college or university provided, however, such child or
children as so designated meet the entrance requirements of such college
or university. The special education fund shall be funded at a level and
for the period of time as determined by such agreement and any interest
or other earnings attributable to the money held in such fund shall be
utilized with such money for the purpose set forth in this subdivision.

4. Notwithstanding any other law, rule or regulation to the contrary,
where an agreement between the state and an employee organization
entered into pursuant to article fourteen of this chapter so provides on
behalf of employees in positions serving in the collective negotiating

unit designated as the professional, scientific and technical services
unit, a survivor's benefit for a state employee in a position
represented by such employee organization shall be paid in an amount as
provided in such agreement 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 and 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 as
designated by the workers' compensation board to receive a death benefit
pursuant to the workers' compensation law in the same proportion as the
death benefit provided by the workers' compensation law is paid. 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.

5. Notwithstanding any law, rule or regulation to the contrary, where
an agreement between the state and such employee organization entered
into pursuant to article fourteen of this chapter so provides, the state
shall establish a special education fund to provide the child or
children as designated by the workers' compensation board to receive a
death benefit pursuant to the workers' compensation law of such
employees for whom a survivor's benefit is paid pursuant to subdivision
four of this section with full tuition to attend a college or university
which is part of the state university provided, however, such child or
children meet the entrance requirements of such college or university.
The special education fund shall be funded at a level and for the period
of time as determined by such agreement and any interest or other
earnings attributable to the money held in such fund shall be utilized
with such money for the purpose set forth in this subdivision.

6. Notwithstanding any other law, rule or regulation to the contrary,
where an agreement between the state and an employee organization
entered into pursuant to article fourteen of this chapter so provides on
behalf of employees in positions serving in the collective negotiating
unit created by chapter four hundred three of the laws of nineteen
hundred eighty-three, a survivor's benefit for a state employee in a
position represented by such employee organization shall be paid in an
amount as provided in such agreement 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 and 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 as designated by the workers' compensation board to receive a
death benefit pursuant to the workers' compensation law in the same
proportion as the death benefit provided by the workers' compensation
law is paid. 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 or not in
place of any other survivor's or death benefit payable on behalf of such
employee.

7. Notwithstanding any law, rule or regulation to the contrary, where
an agreement between the state and such employee organization entered
into pursuant to article fourteen of this chapter so provides, the state
shall establish a special education fund to provide the child or
children as designated by the workers' compensation board to receive a
death benefit pursuant to the workers' compensation law of such
employees for whom a survivor's benefit is paid pursuant to subdivision
six of this section with full tuition up to the amount charged for an
undergraduate college or university by the state university of New York

as determined by the state to attend any accredited college or
university within this state provided, however, such child or children
as so designated meet the entrance requirements of such college or
university. The special education fund shall be funded at a level and
for the period of time as determined by such agreement and any interest
or other earnings attributable to the money held in such fund shall be
utilized with such money for the purpose set forth in this subdivision.

8. Notwithstanding any other law, rule or regulation to the contrary,
where an agreement between the state and an employee organization
entered into pursuant to article fourteen of this chapter so provides on
behalf of employees in positions serving in the collective negotiating
units designated as the security services unit, agency police services
unit and the security supervisors unit, a survivor's benefit for a state
employee in a position represented by such employee organization shall
be paid in an amount as provided in such agreement 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 dependent children who
are designated by the workers' compensation board to receive a death
benefit or portion thereof in the same proportion as the death benefit
provided by the workers' compensation law is paid. In the event that the
employee is not survived by a spouse or dependent 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.

9. Notwithstanding any law, rule or regulation to the contrary, where
an agreement between the state and an employee organization entered into
pursuant to article fourteen of this chapter so provides on behalf of
civilian employees in positions serving in the collective negotiating
unit designated as the division of military and naval affairs unit, a
survivor's benefit for a state employee in a position in such
negotiating unit shall be paid in an amount as provided in such
agreement 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, 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 who are designated by the workers' compensation board to
receive a death benefit or portion thereof in the same proportion as the
death benefit provided by the workers' compensation law is paid. 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
title forty-two of the Unites States code.

10. Notwithstanding any law, rule or regulation to the contrary, where
an agreement between the state and such employee organization entered
into pursuant to article fourteen of this chapter so provides, the state
shall establish a special education fund to provide the child or
children as designated by the workers' compensation board to receive a
death benefit pursuant to the workers' compensation law of such
employees for whom a survivor's benefit is paid pursuant to subdivision
nine of this section with full tuition up to the amount charged for an
undergraduate college or university by the state university of New York
to attend any accredited college or university within this state
provided, however, such child or children as so designated meet the
entrance requirements of such college or university. The special
education fund shall be funded at a level and for the period of time as
determined by such agreement and any interest or other earnings
attributable to the money held in such fund shall be utilized with such
money for the purpose set forth in this subdivision.