99-M - Attica state employee victims' fund.
* § 99-m. Attica state employee victims' fund. 1. Establishment of fund. (a) There is hereby established in the joint custody of the commissioner of taxation and finance and the state comptroller a special fund to be known as the "Attica state employee victims' fund" for payment to the state employee victims of the September, nineteen hundred seventy-one Attica correctional facility inmate uprising and retaking. (b) Such account shall consist of monies transferred from the general fund. An annual transfer of two million dollars will be made on and after September first but not later than March thirty-first, beginning with the two thousand five--two thousand six state fiscal year and ending with the two thousand ten--two thousand eleven state fiscal year, for a total of twelve million dollars ($12,000,000). (c) Moneys of such fund shall be distributed pursuant to this section to the state employee victims and survivors of deceased state employee victims as recompense for the pain, suffering and torment endured by those victims during the course of the uprising and retaking. 2. Class of eligible employee claimants, their estates or survivors. (a) For the purposes of this section, the term "distributee" shall have the same meaning as that encompassed in the rules of distribution of an intestate estate as codified at section 4-1.1 of the estates, powers and trusts law. (b) The following individuals are eligible for payment from the Attica state employee victims' fund: (i) Distributees of any correction officer or state civilian employee who died as a result of injuries sustained during the uprising or retaking of Attica correctional facility between September ninth and September thirteenth, nineteen hundred seventy-one; (ii) Any current or former correction officer or state civilian employee, so employed as of the dates of the uprising or retaking, who was physically attacked, held hostage or detained by inmates during the Attica riot between the dates September ninth and September thirteenth, nineteen hundred seventy-one, even if released prior to the retaking of Attica correctional facility by state forces on September thirteenth, nineteen hundred seventy-one, or the distributees of said correction officer or state civilian employee, should they be now deceased; and (iii) Any current or former correction officer or state civilian employee, so employed as of the dates of the uprising or retaking, or any current or former New York state police employee, so employed as of the dates of the uprising or retaking, who was shot during the retaking of Attica correctional facility by state forces on September thirteenth, nineteen hundred seventy-one, or the distributees of said employee, should said employee be now deceased. (c) Any person who would otherwise qualify as a member of the class shall be excluded if, prior to the effective date of this section, they shall have been granted judgment in a civil suit in the New York state court of claims or received payment as settlement of a civil suit filed in the New York state court of claims against the state of New York based upon facts arising out of the Attica prison uprising. 3. Claim procedure. It is recognized that approximately fifty employees, or their estates or survivors, comprise the class of eligible claimants. A payment plan for the Attica state employee victims' fund shall be developed and administered as follows: (a) An individual or entity ("administrator"), appointed by the governor in consultation with the temporary president of the senate, the speaker of the assembly, and representatives of eligible claimants, shall develop the compensation payment plan. Such administrator shall not be entitled to salary or remuneration for his/her services; however, reasonable expenses directly connected to the conduct of theadministrator's duties shall be paid through the department of correctional services. (b) The administrator shall receive from each claimant an accounting of the injuries suffered by the state employee victim during the course of the Attica riots. The administrator shall determine and promulgate to potential claimants through the department of correctional services the means and dates by which said accountings of injuries shall be submitted and determined. To the extent any inconsistency or discrepancy in accounts of injuries suffered is identified, the administrator may rely upon the assistance of the report, research, and documentation regarding the Attica riots compiled by the Attica task force created in March of two thousand one. (c) Upon receipt and review of all accountings of injuries suffered, the administrator shall place each identified state-employee victim (living or deceased) into one of an appropriate number of broad subclasses to be identified by the administrator, such subclasses to be defined according to the nature and severity of the injuries suffered. Each identified state-employee victim, or the group of their distributees as identified pursuant to subdivision two of this section, within a subclass shall receive the identical monetary award, provided however, that an offset against the award of fifty-five thousand dollars ($55,000) shall be made for the survivors of any employee killed during the Attica riot, if such survivor or survivors previously opted for and did receive the sum of fifty-five thousand dollars ($55,000) pursuant to the appropriation in part O of chapter fifty-seven of the laws of two thousand. (d) Total payments made under the plan shall be twelve million dollars ($12,000,000). Upon final completion of the payment plan and annual payment schedule, the administrator shall certify to the comptroller, no later than March thirty-first, two thousand six, the payments to be made from the Attica state employee victims' fund. 4. Exemption. All payments received pursuant to this section, whether by judgment or compromise and settlement, shall be exempt from all taxation. * NB Repealed July 1, 2011