2006 New York Code - Guaranteed Ordinary Death Benefit Payable Upon Death Of State Employees.

 
    § 360-a. Guaranteed ordinary death benefit payable upon death of state
  employees.  a.  Upon  the  death  in  service of a member who was in the
  employ of the state on March thirty-first, nineteen hundred  sixty-nine,
  and  whose  beneficiary  was  eligible  for  the  ordinary death benefit
  pursuant to section three hundred sixty of this chapter, or  would  have
  been  eligible  had  the state employee had one year or more of service,
  such  beneficiary  shall  receive  an  ordinary  death  benefit  payable
  pursuant  to  section  three hundred sixty, or, in lieu of such ordinary
  death benefit, the benefit payable pursuant to this  section,  whichever
  is greater.
    aa.  Upon  the  death  in service of a member on or after April first,
  nineteen hundred seventy, who (1) entered or reentered the employ of the
  state after March thirty-first, nineteen hundred sixty-nine and prior to
  April first, nineteen hundred eighty-five, and was  in  such  employ  on
  March  thirty-first,  nineteen hundred eighty-five, (2) had not attained
  age sixty at the date of  such  entrance  into  such  service,  (3)  had
  rendered  ninety  or  more  days  of continuous state service during the
  fifteen month period immediately preceding death,  (4)  last  joined  or
  rejoined  a public retirement system thereof before July first, nineteen
  hundred seventy-three, and (5) whose beneficiary was  eligible  for  the
  ordinary  death  benefit pursuant to section three hundred sixty of this
  chapter, or would have been eligible had the employee had  one  year  or
  more  of state service, such beneficiary shall receive an ordinary death
  benefit payable pursuant to section three hundred sixty of this chapter,
  or, in lieu of such ordinary death benefit, the benefit payable pursuant
  to this section, whichever is greater.
    aaa. Provided further, notwithstanding any  other  provision  of  this
  article to the contrary, where the member is an officer or member of the
  state  police  and  would  have  been  entitled  to a service retirement
  benefit at the time of his or her death  and  where  his  or  her  death
  occurs  on  or  after  July  first,  two  thousand,  the  beneficiary or
  beneficiaries may elect to receive, in a lump  sum,  an  amount  payable
  which  shall  be  equal  to  the  pension  reserve  that would have been
  established had the member retired on the date of his or her  death,  or
  the      value      of      the      death      benefit      and     the
  reserve-for-increased-take-home-pay, if any, whichever is greater.
    b. The guaranteed ordinary death benefit provided under  this  section
  to  such a beneficiary shall be three times the compensation earnable by
  the state employee during his last twelve months of service as a member,
  raised to the next higher multiple of one thousand dollars,  but  in  no
  event, greater than twenty thousand dollars.
    c. For the purposes of this section an employee who dies while off the
  payroll  shall be considered to be in service provided he or she (1) was
  on the payroll in such service and paid within a period of twelve months
  prior to his or her death, or was on the payroll  in  the  service  upon
  which  membership  is  based at the time he or she 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 died
  while on such active duty on or after the effective date of the  chapter
  of the laws of two thousand five which amended this subdivision, (2) had
  not  been  otherwise  gainfully employed since he or she ceased to be on
  such payroll and (3) had credit for at  least  one  year  of  continuous
  service  since he or she last entered or reentered the service of his or
  her employer. Provided, further, that any such member 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 who  died
  prior  to  rendering  the  minimum  amount  of  service  necessary to be
  eligible for this benefit shall be  considered  to  have  satisfied  the
  minimum service requirement.
    d.  The provisions of this section shall apply in any case where death
  occurs on or after the date this section becomes law and prior  to  July
  first, nineteen hundred seventy-four.