2006 New York Code - Ordinary Death Benefit.

 
    §  360.  Ordinary death benefit. a. An ordinary death benefit plus the
  reserve-for-increased-take-home-pay shall be payable upon the death of a
  member who:
    1. Died before the effective date of his retirement, and
    2. Was in service upon which his membership was based when he died  or
  was  on  the  payroll in such service and paid within a period of twelve
  months prior to his death or within a period of twenty-four months prior
  to his death if on leave of absence as set forth below and  had,  unless
  his  service  was  based  on  seasonal  employment,  not  been otherwise
  gainfully employed since he ceased to be on such payroll except while on
  leave of absence which was granted in accordance with the provisions  of
  subdivision  i  of  section  three hundred forty-one of this chapter and
  which commenced during the period from  April  first,  nineteen  hundred
  sixty-six  through  June  thirtieth,  nineteen  hundred seventy-four, to
  perform services as a  civilian  officer  or  employee  of  the  Federal
  government  or  one of its agencies or a contractor of the United States
  Agency for International Development engaged to perform the work of such
  agency, the United Nations,  any  other  international  organization  of
  which the United States of America is a member, or a foreign government,
  and
    3.  Has  credit  for  one  or  more  years of service while actually a
  member.  This requirement of one or more years of service while actually
  a     member     shall      not      be      applicable      to      the
  reserve-for-increased-take-home-pay  and  shall  be subject to waiver as
  provided in subdivision e of section three  hundred  forty-one  of  this
  article.
    An ordinary death benefit shall not be payable in any case in which an
  accidental  death  benefit  is  payable  provided,  however,  that where
  payments made pursuant  to  section  three  hundred  sixty-one  of  this
  chapter  on  account  of  an  accidental death benefit, computed without
  reduction pursuant to section three hundred sixty-four of this  article,
  and the reserve-for-increased-take-home-pay total less than the ordinary
  death  benefit  and  the  reserve-for-increased-take-home-pay that would
  have been computed and made  payable  pursuant  to  this  section  three
  hundred  sixty  in  the  case of ordinary death, the difference shall be
  paid to the beneficiary or member's estate to which the  ordinary  death
  benefit  and  reserve-for-increased-take-home-pay  would have been paid.
  Provided further, that where the beneficiary or beneficiaries designated
  to receive the  accidental  death  benefit  pursuant  to  section  three
  hundred   sixty-one   of   this  chapter  is  the  same  beneficiary  or
  beneficiaries designated by the member to  receive  the  ordinary  death
  benefit,  then,  and  in  that case the beneficiary or beneficiaries may
  elect to receive, in a lump sum, the value of the ordinary death benefit
  and the reserve-for-increased-take-home-pay, if  any,  that  would  have
  been computed and made payable pursuant to the provisions hereof in case
  of ordinary death, in lieu of any other benefit.
    Notwithstanding  the  provisions  of any other law to the contrary and
  solely for the purpose of determining eligibility for an ordinary  death
  benefit  and/or  guaranteed  ordinary  death  benefit, a member shall be
  considered to  have  died  while  in  service  upon  which  his  or  her
  membership  was  based  provided  such  member 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  added  this  paragraph.
  Provided,  further, that any such member ordered to active duty 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.
    aa.  Notwithstanding the provisions of section three hundred ninety of
  this    article,    an    ordinary    death     benefit     plus     the
  reserve-for-increased-take-home-pay  shall be payable to the beneficiary
  designated in a valid election of "Option One-half", if any, or  in  the
  manner provided by subdivisions c, d, or e of this section, in any other
  case, if a retired member shall die where:
    1. His application for retirement became effective prior to his death,
  and
    2. No optional election by him was in effect at the time of his death,
  or  he  had  made  and  filed a valid election to receive his retirement
  allowance without optional modification or under "Option One-half", and
    3. He died within the period of  thirty  days  immediately  after  his
  retirement became effective.
  The  amount  of  the  ordinary  death  benefit  so  payable  under  this
  subdivision shall be reduced by the amount of any pension  payment  that
  may have been paid on account of such retirement.
    The provisions of this subdivision shall apply in any case where death
  occurred on or after January first, nineteen hundred fifty-four.
    b.       The       ordinary      death      benefit      plus      the
  reserve-for-increased-take-home-pay shall be payable  from  the  pension
  accumulation  fund.  The  ordinary  death  benefit  shall not exceed the
  compensation earnable by such member during his last  twelve  months  of
  service  while  a  member.  The  amount  thereof  shall  be  computed by
  multiplying one-twelfth of such compensation by the number of years, not
  to exceed twelve, of his total service credit. Provided,  however,  that
  where  the member has more than twelve years of total service credit and
  where his death  occurs  on  or  after  April  first,  nineteen  hundred
  sixty-seven   and   on   or  before  June  thirtieth,  nineteen  hundred
  seventy-four, there shall  be  added  to  such  ordinary  death  benefit
  one-twenty-fourth  of  such  compensation  multiplied  by  the number of
  years, not to exceed twenty-four, but exclusive of the first twelve,  of
  his  total  service  credit.  Provided,  further,  that  where a member,
  qualified under subdivisions a or aa of this section,  would  have  been
  entitled  to  a  service retirement benefit at the time of his death and
  where his death  occurs  on  or  after  April  first,  nineteen  hundred
  sixty-seven,   and   on  or  before  June  thirtieth,  nineteen  hundred
  seventy-four, the amount payable under this section shall  be  equal  to
  the  pension  reserve  that  would  have been established had the member
  retired on the date of his death, unless the ordinary death benefit  and
  the reserve-for-increased-take-home-pay, hereinabove provided for, shall
  be in excess thereof.
    In  the  case  of  a retired member who has returned to service, total
  service credit for purposes of this section only, shall include  service
  rendered  prior  to his retirement, provided that he shall have rendered
  at least one year of service since he last became a member  or  provided
  he  shall  have rendered since he returned to public service one year of
  service during which he elected pursuant to  subdivision  a  of  section
  four hundred one of this article not to be restored to membership in the
  policemen's  and  firemen's  retirement system. The member's accumulated
  contributions shall be refunded in  accordance  with  subdivision  d  of
  section three hundred fifty-one of this article.
    bb. (a) An ordinary death benefit shall be payable upon the death of a
  member who was in the employ of the state during its participation under
  section   three   hundred   seventy-five-a  of  this  chapter  or  of  a
  participating employer while such employer is  participating  under  the
  provisions of section three hundred seventy-five-b of this chapter.
    The  provisions  of  this subdivision bb shall apply in any case where
  death occurred on or April first, nineteen hundred sixty-seven and prior
  to July first, nineteen hundred seventy-four.
    (b)  The  ordinary  death  benefit  shall  be payable from the pension
  accumulation fund.  Such  ordinary  death  benefit  shall  be  based  on
  compensation  earnable  by  such member during his last twelve months of
  service while  a  member.  The  amount  thereof  shall  be  computed  by
  multiplying one-twelfth of such compensation by the number of years, not
  to exceed thirty-six, of his total service credit. Provided that where a
  member  qualified under subdivisions a and aa of this section would have
  been eligible for service retirement at the time of his death and  where
  his  death  occurs on or after April first, nineteen hundred sixty-seven
  and prior to July  first,  nineteen  hundred  seventy-four,  the  amount
  payable  under  this  section shall be equal to the pension reserve that
  would  have  been  established  pursuant  to   section   three   hundred
  seventy-five-c  had  the member retired on the date of his death, unless
  the ordinary death benefit hereinabove provided for, shall be in  excess
  thereof.  The  benefit  provided herein shall be in lieu of the ordinary
  death benefit presently payable under other provisions of this  chapter,
  unless  the  benefit  under  such other provisions shall be in excess of
  those provided for herein, in which event the greater benefit  shall  be
  payable.
    (c) In the case of a retired member who has returned to service, total
  service  credit,  for  purposes  of this subdivision only, shall include
  service rendered prior to his retirement, provided that  he  shall  have
  rendered  at least one year of service since he last became a member, or
  provided he shall have rendered since he returned to public service  one
  year  of  service  during  which he elected pursuant to subdivision a of
  section four  hundred  one  of  this  article  not  to  be  restored  to
  membership   in   the   retirement   system.  The  member's  accumulated
  contributions shall be refunded in  accordance  with  subdivision  d  of
  section three hundred fifty-one of this article.
    c.       The       ordinary       death      benefit      and      the
  reserve-for-increased-take-home-pay shall be paid to the member's estate
  or to such person as he shall have nominated to  receive  such  ordinary
  death benefit. To be effective, such a nomination must be in the form of
  a  written designation, duly acknowledged and filed with the comptroller
  for this specific purpose. In the event such  a  designated  beneficiary
  does  not  survive  him,  or  if  he  shall  not  have  so  designated a
  beneficiary, such benefit shall be  payable  to  the  deceased  member's
  estate  or  as provided in section one thousand three hundred ten of the
  surrogate's court procedure act.
    d. The member, or on the death of the member, the person nominated  by
  him  to  receive his death benefit, may provide, by written designation,
  duly executed and filed with the comptroller, that  such  death  benefit
  and the reserve-for-increased-take-home-pay shall be paid in the form of
  an  annuity.  Such  designation shall be filed prior to or within ninety
  days after the death of the member. The amount of such annuity shall  be
  determined as the actuarial equivalent of such death benefit and reserve
  on  the basis of the age of such beneficiary at the time of the member's
  death and regular interest.
    e. A member, or after his  death,  the  person  nominated  by  him  to
  receive  his  ordinary death benefit, may elect to receive the actuarial
  equivalent of the annuity specified in subdivision d of this section  in
  the  form  of  a  reduced  annuity,  payable  for life, with the further
  proviso that if the person so nominated should die  before  the  annuity
  payments  received  by  him  are equal to such actuarial equivalent, the
  balance thereof shall be paid in a lump sum to such beneficiary's estate
  or to such person as such member or his nominee  shall  have  designated
  prior  to  his  death.  Such  election  shall be made prior to or within
  ninety days after the  death  of  the  member.  Such  designation  of  a
  beneficiary  to receive such lump sum may be made or changed at any time
  by the person who made it. Such election, designation or change shall be
  made by a writing duly executed and filed with the comptroller.  If  the
  person  nominated to receive such lump sum does not survive the member's
  beneficiary, such lump sum, if any, shall be payable to  the  estate  of
  the  member's  beneficiary  or as provided in section one thousand three
  hundred ten of the surrogate's court procedure act.
    f. Special death benefit. Notwithstanding any provision  of  paragraph
  three  of subdivision a of this section to the contrary, a special death
  benefit shall be payable upon the death of an officer or member  of  the
  state  police  who is subject to the provisions of section three hundred
  eighty-one-b of this chapter, and who has credit for ninety or more days
  of service while actually a member of the retirement system. In lieu  of
  the  ordinary  death benefit payable pursuant to subdivisions b or bb of
  this section, the special death benefit shall be payable upon the  death
  of  an officer or member of the state police and shall be equal to three
  times the member's compensation earnable during his last  twelve  months
  of  service  as  a  member,  raised  to  the next higher multiple of one
  thousand dollars.  If,  however,  the  ordinary  death  benefit  payable
  pursuant  to  subdivision  b  or bb of this section upon the death of an
  officer or member of the state police who had  been  in  service  on  or
  before  April first, nineteen hundred sixty-nine would have exceeded the
  special death benefit otherwise payable pursuant to this subdivision had
  he not elected to come under the provisions  of  section  three  hundred
  eighty-one-b,  the  special death benefit payable under this subdivision
  shall be equal to that benefit which  he  would  have  received  had  he
  remained  in  his  former plan. In no case shall the amount payable as a
  special death benefit on behalf of an officer or  member  of  the  state
  police  who  enters  or  re-enters  service  in the division after April
  first, nineteen hundred  sixty-nine  exceed  three  times  the  member's
  compensation  earnable  during  his  last  twelve months of service as a
  member, raised to the next higher multiple of one thousand dollars.
    g. 1. Notwithstanding any provision of paragraph three of  subdivision
  a  of  this  section  to  the contrary and in lieu of the ordinary death
  benefit payable pursuant to subdivisions b or bb of this section or  the
  guaranteed  ordinary  death  benefit  payable  pursuant to section three
  hundred sixty-a of this  article,  a  special  death  benefit  shall  be
  payable  upon the death in service of a security services unit member or
  parkway police unit member or security supervisors unit  member  who  is
  subject to the provisions of this article, and who has credit for ninety
  or  more  days  of  service  while  actually  a member of the retirement
  system.
    2. The special death  benefit  provided  under  this  section  to  the
  beneficiary of such security services unit member or parkway police unit
  member or security supervisors unit member shall be:
    (a)  in  the case of a security services unit member or parkway police
  unit member or security supervisors unit member who was employed by  the
  state  on or before the date this act takes effect, equal to three times
  the member's compensation earnable during  his  last  twelve  months  of
  service as a member or, if he had not completed twelve months of service
  prior  to  the  date of his death, three times the compensation he would
  have earned had he worked for twelve  months  prior  to  such  date,  in
  either  case raised to the next higher multiple of one thousand dollars.
  If, however, the ordinary death benefit payable pursuant to  subdivision
  b  or  bb  of  this  section  upon the death of such a security services
  member or parkway police unit member or security supervisors unit member
  would have exceeded the special death benefit payable pursuant  to  this
  subdivision, the special death benefit payable in the event of the death
  of such a member prior to July first, nineteen hundred seventy-one shall
  be  equal  to  that  benefit  which  would  have  otherwise been payable
  pursuant to subdivision b or bb  of  this  section  notwithstanding  any
  provision of paragraph one of this subdivision to the contrary; or
    (b)  in  the case of a security services unit member or parkway police
  unit member or security supervisors unit member who enters service after
  the date this act takes  effect,  equal  to  three  times  the  member's
  compensation  earnable  during  his  last  twelve months of service as a
  member or, if he has not completed twelve months of service prior to the
  date of his death, three times the compensation he would have earned had
  he worked for twelve months prior to such date, in either case raised to
  the next higher multiple of one thousand dollars.
    3. For the purpose  of  this  subdivision:  (a)  the  terms  "security
  services  unit  member",  "parkway  police  unit  member", and "security
  supervisors unit member" shall mean a member in the employ of the  state
  in  the  collective negotiating unit designated as the security services
  unit or parkway police unit or  security  supervisors  unit  established
  pursuant to article fourteen of the civil service law; and
    (b)  the  term  "death  in  service" shall include the death of such a
  member who dies while off the payroll provided he or she (i) 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 subparagraph, (ii) had  not
  been  otherwise  gainfully employed since he or she ceased to be on such
  payroll and (iii) had credit for one or more years 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.
    4. The provisions of this subdivision shall apply in  any  case  where
  death  occurs  on  or  after  the date this subdivision takes effect and
  prior to July first, nineteen hundred seventy-four.