§ 154-C. Managerial or confidential survivor's benefit; special education fund.
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§ 154-c. Managerial or confidential survivor's benefit; special
education fund. 1. The term "managerial or confidential employee" as
used in this section shall mean a full-time employee or officer in the
executive branch of the state whose position is designated managerial or
confidential pursuant to article fourteen of this chapter, civilian
state employees of the division of military and naval affairs in the
executive department whose positions are not in, or are excluded from
representation rights in, any recognized or certified negotiating unit,
officers and employees excluded from representation rights under article
fourteen of this chapter pursuant to rules and regulations of the public
employment relations board, officers and employees whose salaries are
prescribed by section nineteen of the correction law, officers and
employees whose salaries are provided for by paragraph
(a)of
subdivision one of section two hundred fifteen of the executive law, and
employees in positions in the professional service in the state
university which are designated, stipulated or excluded from negotiating
units as managerial or confidential as defined pursuant to article
fourteen of this chapter.
2. Notwithstanding any other law, rule or regulation to the contrary,
a survivor's benefit for a managerial or confidential employee shall be
paid in an amount of fifty thousand dollars 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 children in the same proportion as the
death benefit provided by the workers' compensation law is paid. For the
purposes of this section, the employee's surviving spouse and children
shall be the persons designated as such by the workers' compensation
board. 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 the United States code.
3. Notwithstanding any law, rule or regulation to the contrary, the
state shall provide the child or children 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 by the state university, to
attend any accredited college or university within this state 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.