2006 New York Code - Retirement Of Members Who Are Justices Of The Supreme Court, Judges Of The Surrogate\'s Courts, Judges Of The Civil Court Of The City Of New York, Judg

 
    §  13-187 Retirement of members who are justices of the supreme court,
  judges of the surrogate's courts, judges of the civil court of the  city
  of  New  York,  judges  of  the  criminal court of the city of New York,
  judges of the family court within the city of New York  or  officers  or
  employees  of any such court and who die while in service after becoming
  eligible for retirement.
    Notwithstanding  other  provisions  of  this  code,   any   rules   or
  regulations  adopted  by  the  board,  or  any  provisions of law to the
  contrary, a member, who is a justice of the supreme court,  a  judge  of
  the  surrogate's  court,  a  judge of the civil court of the city of New
  York, a judge of the criminal court of the city of New York, a judge  of
  the  family court within the city of New York, or an officer or employee
  of any such court who is eligible for retirement by  reason  of  service
  and/or  superannuation,  may  execute and file with such board a written
  application for retirement in the form required  for  such  application,
  electing  an option or options in accordance with section 13-177 of this
  chapter but requesting that such retirement under said option or options
  shall become effective on the date  immediately  preceding  his  or  her
  death.  The  application  shall  be  held by such board until the member
  shall file a later application for retirement, or his or her  retirement
  in  pursuance  of section 13-166 of this chapter shall become effective,
  or until his or her death, whichever of such events shall  first  occur;
  and  in  the  event  of such member's death while such application shall
  continue to be so held by such board, his or her said  retirement  shall
  become effective with the same benefits to the designated beneficiary as
  if  such  member  had  retired  and  had  become  entitled to retirement
  allowance on the day immediately preceding his or her death.
    In the event that a member, who would be eligible  for  retirement  by
  reason  of  service  and/or superannuation, dies while in service before
  filing with such  board  an  application  for  retirement  in  the  form
  required  for  such application, or who, having filed an application for
  retirement in the form required, dies on or after the effective date  of
  his  or  her  retirement  but  before  becoming  entitled  to retirement
  allowance, he or she shall nevertheless be deemed to have  been  retired
  and  to  have become entitled to a retirement allowance effective on the
  day immediately preceding his or her death; and if he  or  she  had  not
  indicated his or her election of an option under which he or she desired
  to be retired, he or she shall be considered as having elected to retire
  under  the  option  designated  as  option one of section 13-177 of this
  chapter.
    If the beneficiary nominated should predecease the member prior to his
  or her retirement, the member may name a new beneficiary. If the  member
  fails  to nominate a new beneficiary or if the member has failed to file
  a form selecting an option under which he or she desires to  be  retired
  as  provided  by  section  13-177  of  this  chapter, he or she shall be
  considered as having elected to retire under option one as set forth  in
  section  13-177 of this chapter and the benefits payable hereunder shall
  be paid to the beneficiary nominated by the member under the  provisions
  of   section  13-148  of  this  chapter.  Alternately,  the  beneficiary
  hereunder may elect to receive the ordinary death  benefit  provided  by
  section 13-148 of this chapter.
    The  provisions  of this section and the privileges accorded hereunder
  shall apply only in those cases where death  occurs  on  or  after  July
  first,  nineteen  hundred  sixty-three  except  that as to judges of the
  civil court of the city of New York, judges of the criminal court of the
  city of New York, judges of the family court within the city of New York
  and officers and employees of such courts they shall apply only in those


  cases where death occurs  on  or  after  July  first,  nineteen  hundred
  sixty-four.