New York Laws
Article 11 - Division of State Police
227-A - Death Benefits.

§ 227-a. Death benefits. 1. The following benefit shall be paid by the
state on account of death of a member of the division of state police.
To the widow, until she be married again, or the dependent children
under the age of twenty-one years, or the dependent mother of every
member of the division of state police whose death has been heretofore
caused or shall hereafter be caused by injury or disease contracted in
the performance of duty there shall be paid annually as long as such
dependency continues upon certification of a board consisting of the
superintendent of state police, the attorney general and the state
comptroller, one-half the salary including maintenance allowance,
received by such member at the time of death.

2. Notwithstanding any law, rule or regulation to the contrary, where
an agreement between the state and an employee organization representing
members of the collective negotiating unit consisting of investigators,
senior investigators and investigative specialists of the division of
state police, or the collective negotiating unit consisting of troopers
in the division of state police or the collective negotiating unit
consisting of commissioned and non-commissioned officers of the division
of state police established pursuant to article fourteen of the civil
service law so provides, a survivor's benefit for a member 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 member's surviving spouse and
dependent children in the same proportion as the death benefit provided
by the workers' compensation law is paid. In the event that the member
is not survived by a spouse or dependent children, the survivor's
benefit shall be paid to the estate of the member. 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 member, 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.

3. Notwithstanding any law, rule or regulation to the contrary, where
an agreement between the state and an employee organization representing
members of the collective negotiating unit consisting of investigators,
senior investigators and investigative specialists of the division of
state police or the collective negotiating unit consisting of troopers
in the division of state police or the collective negotiating unit
consisting of commissioned and non-commissioned officers of the division
of state police established pursuant to article fourteen of the civil
service law so provides, the state shall provide the child or children
of such members for whom a survivor's benefit is paid pursuant to
subdivision two of this section, or for whom a federal public safety
officer's benefit is payable as specified in subdivision two of this
section, with full tuition up to the amount charged by the state
university of New York to attend any college or university provided,
however, such child or children meet the entrance requirements of such
college or university. Such child or children are those who are
designated by the workers' compensation board to receive a death benefit
pursuant to the workers' compensation law.

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