New York Laws
Title 3 - Employees of Public Authorities
2854 - Severance Packages.

(a) "at-will employee" shall mean an employee of any entity organized
under this chapter. Any employee that is covered by a collective
bargaining agreement or union contract shall not be considered an
at-will employee for the purpose of this section.
(b) "severance pay for an at-will employee" shall include benefits or
compensation with a quantifiable monetary value that are provided for an
at-will employee upon termination of employment and shall not be
considered part of the at-will employee's annual wages and benefits.
"Severance pay for an at-will employee" shall not include payments for
accumulated vacation, accumulated sick leave, and accumulated sick leave
liquidated to cover the cost of group term insurance or payments of
periodic contributions by an employer toward premiums for group
insurance policies.
2. Notwithstanding any other law, rule or regulation to the contrary,
severance pay provided for an at-will employee leaving employment shall
not exceed an amount equivalent to their prior three months' salary.
3. Notwithstanding any other law, rule or regulation to the contrary,
the severance pay for an at-will employee shall be excluded from
retirement deductions and from any calculations of retirement benefits.
4. If a retired or terminated at-will employee dies before all of
their severance pay has been disbursed, the balance due must be paid to
a named beneficiary or, lacking one, to the decedent's estate.
5. No collective bargaining agreement or union contract shall be
altered by the provisions of this section.

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