2006 New York Code - Death Benefits; Ordinary Death Benefits.

 
    § 13-148 Death benefits; ordinary death benefits. a. Upon the death of
  a  member  or  of  a  former  member,  there shall be paid to his or her
  estate, or to such person as he or she has nominated or  shall  nominate
  by  written  designation  duly executed and filed with such board during
  the lifetime of the member:
    1. Such member's accumulated deductions,  if  any;  and,  in  addition
  thereto;
    2.  (a)  If  he  or  she is a member who is in city-service or is on a
  civil service preferred eligible list by reason of city-service,  unless
  a  pension be payable by the city under the provisions of section 13-149
  of this chapter, a sum which, subject to  the  provisions  of  paragraph
  four  of  subdivision e of section 13-638.4 of this title, shall consist
  of:
    (i) an amount equal to the compensation earnable by such member  while
  a  member, during the six months immediately preceding his or her death;
  or
    (ii) if the total number of  years  in  which  allowable  service  was
  rendered  exceeds  ten,  including  service  which  was allowable during
  former membership, then an amount equal to the compensation earnable  by
  such  member  in  city-service  while  a member during the twelve months
  immediately preceding his or her death; or
    (iii) if such member, at the time of his or her death, held  a  career
  pension  plan  position,  and  if  the  total  number  of years in which
  allowable service was rendered includes twenty or more years  of  career
  pension   plan   qualifying   service,  including  career  pension  plan
  qualifying service which was allowable during former membership, then an
  amount equal to twice  the  compensation  earnable  by  him  or  her  in
  city-service  while  a  member  during  the  twelve  months  immediately
  preceding his or her death; and
    (iv) in addition to the amount payable under item (i), (ii)  or  (iii)
  of  this  subparagraph  (a), the reserve-for-increased-take-home-pay, if
  any.
    (b) If the sum of such pension payments made and payable under section
  13-149 of this chapter plus the reserve-for-increased-take-home-pay,  if
  any,  payable  as  a  lump sum under such section, is a lesser sum, then
  there shall be paid hereunder the difference between the total  of  such
  lesser  pension  sum  and reserve, if any, and the greater amount herein
  provided as ordinary death benefit.
    (c) Where any member, by any designation heretofore or hereafter filed
  pursuant to the foregoing provisions of this subdivision a and in effect
  at the time of the death of such member, nominated or shall nominate any
  person to receive the amount payable under item (i), (ii)  or  (iii)  of
  subparagraph      (a)      of      this      paragraph      two,     the
  reserve-for-increased-take-home-pay, if  any,  of  such  member  payable
  under  item (iv) of such subparagraph (a) shall be paid to the person so
  nominated.
    (d) Payment of the expense  of  burial  not  exceeding  three  hundred
  dollars to a relative or friend who shall assume responsibility therefor
  in  the  absence  or  failure  of  the  designated  beneficiary  may  be
  authorized by the comptroller on certificate of the  executive  director
  and  actuary  of  the  retirement  system; such payment by a like amount
  shall reduce the  amount  payable  to  such  designated  beneficiary  or
  estate.
    b.  Until  the  first payment has been made on account of a retirement
  benefit without optional selection of a member,  such  member  shall  be
  construed  by  such  board to have been in city-service and the benefits
  provided in this section  shall  be  paid  in  lieu  of  the  retirement
  allowance.


    c.  1. The member, or on the death of the member, the person nominated
  by him or her to receive either his or her  accumulated  deductions,  if
  any,  his  or  her  death  benefit,  or  both,  may  provide  by written
  designation duly executed and filed with such board that  the  actuarial
  equivalent  of the benefit otherwise payable in a lump sum shall be paid
  to  the  person  designated  in  the  form  of  an  annuity  payable  in
  installments  not  more  often  than  once  a  month, the amount of such
  annuity to be determined at the time of the member's death on the  basis
  of the age of the beneficiary at that time.
    2.  Where  any  such  designation  mentioned  in paragraph one of this
  subdivision c was heretofore or is hereafter  filed  by  a  member  with
  respect  to  a  benefit  otherwise payable pursuant to the provisions of
  item (i), (ii)  or  (iii)  of  subparagraph  (a)  of  paragraph  two  of
  subdivision  a of this section, and such designation was or is in effect
  at the time of the death of such member, or where any  such  designation
  was  heretofore  or  is  hereafter  filed  by any person so nominated to
  receive   such   benefit,    the    actuarial    equivalent    of    the
  reserve-for-increased-take-home-pay,  if  any,  of  such member shall be
  paid to the person named in such designation as beneficiary with respect
  to such benefit under such item (i), (ii) or (iii), in the  form  of  an
  annuity  and  in  the  manner  and  in  accordance  with  the  method of
  computation prescribed by paragraph one of this subdivision c.