§ 656. Managerial/confidential survivor's benefit. 1. a. The term\n"managerial/confidential employee" as used in this section shall mean a\nfull time employee or officer in the executive branch of the state whose\nposition has been designated managerial or confidential pursuant to\narticle fourteen of the civil service law, an employee covered by\nsection nineteen of the correction law, an employee in the professional\nservice in the state university who is designated, stipulated or\nexcluded from negotiating units as managerial or confidential as defined\npursuant to article fourteen of the civil service law, an employee\ncovered by paragraph (a) of subdivision one of section two hundred\nfifteen of the executive law or who has been excluded from\nrepresentation rights under such article pursuant to rules and\nregulations of the public employment relations board, or who is a\ncivilian state employee of the division of military and naval affairs in\nthe executive department whose position is not in, or is excluded from\nrepresentation rights in, any recognized or certified bargaining unit,\nand whose salary is paid directly by the state, judges and justices of\nthe unified court system and nonjudicial employees thereof not in\ncollective negotiating units. Managerial/confidential employees may be\nconsidered state employees for the purposes of section six hundred\nfifty-five of this article provided, however, an employee shall be\neligible for the greater of the benefits afforded by this section or\nsection six hundred fifty-five of this article and shall in no event\nreceive benefits pursuant to both such sections.\n b. "Full time" as used in this section shall mean employment on a work\nschedule of at least twenty hours per week and at a rate of salary of at\nleast that of the hiring rate of the M/C-3 pay grade or equivalent.\n 2. A survivor's benefit shall be payable upon the death of a\nmanagerial/confidential employee who has served as a\nmanagerial/confidential employee for thirty or more days exclusive of\ndays of leave and dies before the effective date of retirement provided\nthat such employee:\n a. Was on the state payroll as a managerial/confidential employee for\nthirty or more days of the sixty days immediately prior to his or her\ndeath, or\n b. Had at least one year of service as a managerial/confidential\nemployee and died while on the payroll following his or her return from\nan authorized leave of absence, or\n c. Had at least one but less than five years of service as a\nmanagerial/confidential employee since last entering state service and\ndied while off the payroll and while on an authorized leave of absence,\nprovided such person was not otherwise gainfully employed since ceasing\nto be on the state payroll, and provided such person was on the state\npayroll as a managerial/confidential employee within six months prior to\nhis or her death, or\n d. Had five or more years of service as a managerial/confidential\nemployee since last entering state service and died while off the\npayroll and while on an authorized leave of absence, provided such\nperson was not otherwise gainfully employed since ceasing to be on the\nstate payroll, and provided such person was on the state payroll as a\nmanagerial/confidential employee within one year prior to his or her\ndeath.\n e. For the purpose of determining eligibility for benefits under this\nsection, previous service rendered as an employee in a position\ndesignated as managerial or confidential pursuant to article fourteen of\nthe civil service law of an authority or commission established under\nthe public authorities law shall be credited to a state employee as\nstate service, provided such authority or commission has in effect, at\nthe time of death of such employee, a provision for a survivor's benefit\nwhich is substantially equivalent to that provided in this section and\nin which previous state service is credited to authority or commission\nemploye
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