§ 2799-hhhh. Indemnification; notice of claims. 1. The state shall
indemnify and hold harmless the corporation, urban development
corporation and safe affordable housing for everyone, inc., and pursuant
to section seventeen of the public officers law, their respective
officers, directors and employees, from and against any and all
liability, claim, loss, damage, suit or judgment and any and all costs
and expenses including, but not limited to, counsel fees and
disbursements that such corporations or their officers, directors or
employees may suffer or incur, whether before or after the date hereof,
as a result of either (a) the development, management or operation of
Roosevelt Island or (b) the performance or non-performance by the
division of any of its obligations or duties with respect to Roosevelt
Island. All of the provisions of section seventeen of the public
officers law which are not inconsistent with this section shall apply to
the officers, directors, and employees of such corporations, including
the provisions relating to the defense by the attorney general or
private counsel of any civil action and the payment of legal costs
incurred in connection with the defense of any such action. Any member,
officer or employee of such corporations seeking to be saved harmless or
indemnified or to claim any other benefits available pursuant to this
section or section seventeen of the public officers law shall comply
with the procedural requirements of such section seventeen. As used in
this section the terms "member", "officer" and "employee" shall include
a former member, officer or employee, his estate or judicially appointed
personal representative.

2. A notice of claim, served in accordance with the provisions of
section fifty-e of the general municipal law, shall be a condition
precedent to the commencement of an action against the corporation, its
officers, directors and employees. No such action shall be commenced
more than one year after it has accrued, except that an action against
the corporation for wrongful death shall be commenced within the notice
of claim and time limitation provisions of title eleven of article nine
of this chapter.

3. Notwithstanding the provisions of section one hundred thirteen of
the retirement and social security law and any other general, special or
local law, the Roosevelt Island operating corporation shall provide to
persons employed by the Roosevelt Island operating corporation any
retirement, disability, death or other benefits provided or required
pursuant to any agreement with a labor union of which its employees are
members, and the Roosevelt Island operating corporation is hereby
authorized to retroactively or in the future make such contributions as
may be necessary to provide such benefits.

4. For purposes of the retirement and social security law, persons
employed by the Roosevelt Island operating corporation and to whom the
Roosevelt Island operating corporation provides any retirement,
disability, death and other benefits required pursuant to any agreement
with a labor union of which its employees are members, shall be deemed
not to be employees of the Roosevelt Island operating corporation. Such
other persons who are employees of the Roosevelt Island operating
corporation as of the effective date of this title shall be eligible to
receive credit under the retirement and social security law for previous
service with the entities, or where applicable, their subsidiaries, made
subject to section seventeen of the public officers law by subdivision
one of this section.