§ 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.