§ 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.
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