2013 New York Consolidated Laws
EXC - Executive
Article 11 - (210 - 230) 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.