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This entry was published on 2014-09-22
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SECTION 209-A
Workers' compensation supplementation allowance
State Finance (STF) CHAPTER 56, ARTICLE 14
§ 209-a. Workers' compensation supplementation allowance. 1.
Notwithstanding any other law, rule or regulation to the contrary,
where, and to the extent that, an agreement between the state or the New
York state canal corporation 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
supplement to the workers' compensation award, such supplement shall be
paid in accordance with such agreement. 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, those excluded from representation rights under article fourteen
of the civil service law pursuant to rules and regulations of the public
employment relations board and officers and employees of the legislature
shall receive a supplement to the workers' compensation award provided,
however, that 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 shall receive such supplement only with
respect to an absence resulting from an occupational injury or disease
occurring on or before June thirtieth, nineteen hundred ninety-two. Such
supplement shall be paid in accordance with rules and regulations to be
promulgated by the president of the civil service commission.

For the sole purpose of retirement credit, retirement contribution and
final average salary under the retirement and social security law, an
employee's compensation for the period during which he or she receives
such supplement and such award shall be deemed to be the full
compensation or salary such employee would have earned or been entitled
to receive had he or she not received the workers' compensation benefit
provided by such agreement. During the period of time an employee
receives payment of such supplement and workers' compensation award,
such employee shall be deemed on the payroll in full status for those
purposes provided for in such agreement.

2. Notwithstanding any other law, rule or regulation to the contrary,
where, and to the extent that, an agreement between the state or the New
York state canal corporation 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 so provides, an employee
placed on an authorized leave without pay during the course of an
absence resulting from an occupational injury or disease found to be
compensable by the workers' compensation board shall be deemed to be on
the payroll at such employee's prevailing rate of annual compensation
for the purpose of retirement credit and employer contributions to the
retirement system. 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 who are placed on an authorized leave without
pay during the course of an absence resulting from an occupational
injury or disease found to be compensable by the workers' compensation
board occurring on or after July first, nineteen hundred ninety-two,
shall be deemed to be on the payroll at such officer's or employee's
prevailing rate of compensation for the purpose of retirement credit and
employer contributions to the retirement system. Any employee
contribution relating to the retirement credit provided by this
subdivision shall be paid directly by such employee to the retirement
system pursuant to the rules and regulations of the comptroller. The
retirement credit provided by this subdivision shall only apply to a
period of authorized leave without pay occurring during the first twelve
months of absence related to such occupational injury or disease.

3. Notwithstanding subdivision two of this section and any other law,
rule or regulation to the contrary, where, and to the extent that, an
agreement between the state and an employee organization on behalf of
state employees in the professional, scientific and technical
negotiating unit established pursuant to article fourteen of the civil
service law so provides, an employee who participates in the medical
evaluation program established pursuant to such negotiated agreement and
is placed on an authorized leave without pay during the course of an
absence resulting from an occupational injury or disease found to be
compensable by the workers' compensation board shall be deemed to be on
the payroll at such employee's prevailing rate of annual compensation
for the purposes of retirement credit and employer contributions to the
retirement system. Any employee contribution relating to the retirement
credit provided by this subdivision shall be paid directly by such
employee to the retirement system pursuant to the rules and regulations
of the comptroller. The retirement credit provided by this subdivision
shall only apply to a period of authorized leave without pay occurring
during the first twelve months of absence related to such occupational
injury or disease.