2006 New York Code - Severance Benefits For Certain State Officers And Employees

 
    §  209-b. Severance benefits for certain state officers and employees.
  1. Notwithstanding any other law, rule or regulation  to  the  contrary,
  where,  and  to  the  extent that, an agreement between the state and an
  employee organization entered into pursuant to article fourteen  of  the
  civil  service  law  on  behalf of employees in a collective negotiating
  unit established pursuant to article fourteen of the civil  service  law
  provides  for  the  payment of a severance benefit in the form of a lump
  sum payment or an educational stipend as  a  consequence  of  the  state
  contracting for goods and services, such severance benefit shall be paid
  in  accordance with such agreement. A severance benefit in the form of a
  lump sum payment shall be repaid to the state  under  the  circumstances
  and in the manner specified by such agreement.
    2.  Notwithstanding any other law, rule or regulation to the contrary,
  officers and employees serving in  positions  in  the  executive  branch
  which  are  designated  managerial  or  confidential pursuant to article
  fourteen of the civil service  law,  civilian  state  employees  of  the
  division of military and naval affairs of the executive department whose
  positions  are not in, or are excluded from representation rights in any
  recognized  or  certified  negotiating  unit  and  those  excluded  from
  representation  rights  under  article fourteen of the civil service law
  pursuant to rules and regulations of  the  public  employment  relations
  board  whose  permanent positions in the competitive, non-competitive or
  labor classes are abolished as a consequence of  the  state  contracting
  for  goods and services may receive a severance benefit in the form of a
  lump sum payment or an educational stipend. Such severance benefit shall
  be paid in accordance with rules and regulations to  be  promulgated  by
  the  president  of  the civil service commission. A severance benefit in
  the form of a lump sum payment shall be repaid to the  state  under  the
  circumstances and in the manner specified by such rules and regulations.
    3.  Any  severance  benefit paid pursuant to this section shall not be
  deemed salary  for  any  purposes  of  the  civil  service  law  or  the
  retirement and social security law.