2006 New York Code - Accidental Death Benefits.

 
    §  13-544 Accidental death benefits. a. A contributor may at any time,
  by written designation filed with the retirement board, elect that, upon
  his or her accidental death while in  the  performance  of  his  or  her
  duties,  in  lieu  of  the  benefits  provided by section 13-543 hereof,
  paragraph b of subdivision  two  of  section  13-545  and  section  four
  hundred  forty-eight  of  the  retirement  and  social security law, the
  benefits  provided  by  subdivision  b  of  this  section  be  paid.   A
  contributor  electing  the  benefits  provided  by subdivision b of this
  section may at any  time,  by  a  written  designation  filed  with  the
  retirement board, revoke such election.
    b. Upon the accidental death, occurring on or after the effective date
  of  this  section,  of  a  contributor  before retirement, provided that
  evidence shall be submitted to the retirement  board  proving  that  the
  death  of such was the natural and proximate result of an accident while
  in the performance of duty, in the  service  upon  which  membership  is
  based,  at  some definite time and place and that such death was not the
  result of  wilful  negligence  on  his  or  her  part,  the  accumulated
  deductions and the reserve-for-increased-take-home-pay, if any, shall be
  paid  to  the  estate,  or  to such person as the contributor shall have
  nominated by written designation filed with the retirement  board;  and,
  upon application filed within two years after the death of the member by
  or  on  behalf  of the dependents of such deceased, the retirement board
  shall grant a pension of one-half of  the  final  compensation  of  such
  contributor:
    1. to the spouse, to continue until death or remarriage; or
    2.  if  there  be no spouse, or if the spouse dies or remarries before
  any child of such deceased shall  have  attained  the  age  of  eighteen
  years,  then  to  the  child or children under said age, divided in such
  manner as the retirement board in its  discretion  shall  determine,  to
  continue  as  a  joint and survivor pension of one-half his or her final
  compensation until every such child dies or attains said age; or
    3. if there be no spouse or child under  the  age  of  eighteen  years
  surviving  such deceased, then to the dependent father or mother, as the
  deceased shall have nominated by  written  designation  filed  with  the
  retirement  board;  or,  if  there  be  no  such nomination, then to the
  dependent father or to the dependent mother, as the retirement board  in
  its discretion shall direct, to continue for life.
    c.  Any  pension,  payable  pursuant to this section on account of any
  such death, shall be reduced by the amount  of  the  benefits  that  are
  finally  determined to be payable under the workers' compensation law by
  reason of such disability or death. Such reduction shall be  effectuated
  as follows:
    1.  pension  installments  shall  be  reduced  by  the  amount  of the
  concurrent workers' compensation benefits.
    2. the pension reserve on account of a pension  so  payable  shall  be
  reduced by the amount of the lump sum workers' compensation benefits. In
  such  case  the  pension  thereafter  payable  shall  be  the  actuarial
  equivalent of the pension reserve as so reduced. No such reduction shall
  be made,  however,  for  the  amount  of  medical,  surgical,  or  other
  attendance  or treatment, nurse and hospital service, medicine, crutches
  or apparatus and of any funeral  expense  provided  under  the  workers'
  compensation law in addition to regular compensation benefits, or of any
  legal fees awarded under the workers' compensation law.
    d.  Notwithstanding  any  other  provision of law to the contrary, and
  solely for the purposes of this section, a member  shall  be  deemed  to
  have  died  as the natural and proximate result of an accident sustained
  in the performance of duty upon which his or her  membership  is  based,
  and  not  as a result of willful negligence on his or her part, provided


  that such member was in active service upon which his or her  membership
  is  based at the time that such member was ordered to active duty, other
  than for training purposes, pursuant to Title 10 of  the  United  States
  Code,  with  the armed forces of the United States, and such member died
  while on such active duty on or after the effective date of the  chapter
  of  the  laws  of  two  thousand five which added this subdivision while
  serving on such active military duty.
    If any benefits under the workers' compensation law become payable  as
  the  result  of  such  accidental  death,  the  New  York city teachers'
  retirement system shall be entitled to reimbursement out of  the  unpaid
  installment  or  installments  of  compensation  due  under the workers'
  compensation law provided that claim therefor is filed pursuant  to  the
  provisions of such law.