State Codes and Statutes
Statutes > New-york > Cor > Article-18 > 472§ 472. Death or disability benefits. The following benefits shall be paid by the state on account of the death or disability of a guard or other employee in a state prison or reformatory, or an employee in the former prison department or present department of correction who is not a member of the state retirement system. 1. To the widow, until she be married again, or the dependent minor children or the dependent mother of a guard or other employee in a state prison or reformatory, or of an employee in the department of correction or former prison department who is not a member of the state retirement system, whose death has heretofore been caused or shall hereafter be caused by an injury or actual disability incurred while in the performance of duty at some definite time and place and upon proof that such death or disability was not the result of wilful negligence on his part, there shall be paid annually as long as such dependency continues upon certification of a board consisting of the commissioner of correction, the attorney-general and the state comptroller, one-half the salary including maintenance allowance received by him at the time of his death. 2. If the widow dies or remarries before any child of such deceased employee shall have attained the age of eighteen years, such payment shall be then made to his child or children under such age, divided in such manner as the commissioner of correction in his discretion shall determine, to continue until every such child dies or attains said age. 3. To a guard or other employee in a state prison or reformatory or an employee in the department of correction or former prison department who is physically or mentally incapacitated for the performance of duty as a natural and proximate result of an accident or injury sustained while in the actual performance of duty, upon proof that such disability was not the result of wilful negligence, there shall be paid annually as long as such disability continues, upon certification of a board consisting of the commissioner of correction, the attorney-general and the comptroller, or their designees, a pension of three-quarters of the annual salary and maintenance allowance received by such guard or employee at the time of such accident or injury or received by such guard or employee at the time of the termination of his service for the state in case he continues in such service after such accident or injury. 4. Before a benefit shall be awarded under this section on account of the disability or death of a person who also is covered by the provisions of the workmen's compensation law, there shall be an adjudication of his case under the provisions of such law by the state industrial board, except that if the maximum payment under the workmen's compensation law would, in any event, be less than the full benefit under this section, the comptroller may authorize payment of all or part of such excess pending such adjudication by the state industrial board. Any amounts paid or payable under the provisions of the workmen's compensation law to such person or to the dependents of such person on account of any disability or death shall be offset against and payable in lieu of any benefits payable under the provisions of this article on account of such person because of such disability or death, except that the cost of medical treatment and care of injured employees provided under section thirteen of the workmen's compensation law shall not be deducted from any benefits under the provisions of this article.
