2006 New York Code - Death Benefits.

 
    §  448.  Death  benefits.  a.  A  member of a retirement system who is
  subject to the provisions of this article, exclusive  of  those  members
  for  whom  provision  is made pursuant to subdivision b of this section,
  shall, at the time of first becoming a member thereof, make an election,
  which shall be irrevocable, for coverage for financial protection in the
  event of death in service, between the two following benefits:
    1. A benefit upon the death of  a  member  in  service  equal  to  one
  month's  salary  for  each full year of service up to a maximum of three
  years' salary upon the completion of thirty-six full years  of  service,
  or  in  the  event  that  a member is eligible to retire without benefit
  reduction pursuant to section four hundred forty-two of this article,  a
  benefit  equal  to  the  pension  reserve, if any, which would have been
  payable to such member had he entered prior to  the  effective  date  of
  this article and died in service, subject to the benefit limitations set
  forth  in  section  four  hundred  forty-four  of  this article, if this
  alternative provides a greater benefit, or;
    2. A benefit upon the death of  a  member  in  service  equal  to  the
  member's  salary  upon his completion of one year of service, two years'
  salary upon completion of two years of service, and three years'  salary
  upon  completion of three years of service. In the case of a member of a
  retirement system other than the New  York  state  teachers'  retirement
  system,  the  New  York  city employees' retirement system, the New York
  city board of education retirement system or the New York city teachers'
  retirement system, such  benefit  shall  be  subject  to  the  following
  limitations:
    (a)  If  the  member  last  joined  the  retirement  system  prior  to
  attainment of age fifty-two, the maximum benefit shall be  three  years'
  salary;
    (b) If the member was age fifty-two when he last joined the retirement
  system,  the  maximum  benefit  shall  be  two and one-half times annual
  salary;
    (c) If the  member  was  age  fifty-three  when  he  last  joined  the
  retirement system, the maximum benefit shall be two years' salary;
    (d)  If  the  member  was  age  fifty-four  when  he  last  joined the
  retirement system, the maximum benefit shall be one and  one-half  times
  annual salary;
    (e) If the member was age fifty-five or older but under age sixty-five
  when  he last joined the retirement system, the maximum benefit shall be
  one year's salary; and
    (f) If the member was age sixty-five or older when he last joined  the
  retirement system, the maximum benefit shall be one thousand dollars.
    In the case of a member of a retirement system other than the New York
  state   teachers'  retirement  system,  the  New  York  city  employees'
  retirement system, the New  York  city  board  of  education  retirement
  system or the New York city teachers' retirement system, commencing upon
  attainment  of age sixty-one, the benefit otherwise provided pursuant to
  this paragraph shall be reduced while the member is in service to ninety
  percentum of the benefit otherwise payable and each year thereafter  the
  benefit payable shall be reduced by an amount equal to ten percentum per
  year  of  the  original  benefit  otherwise  payable,  but not below ten
  percentum of the original benefit otherwise payable.
    In the case of a member of the New  York  state  teachers'  retirement
  system,  commencing  upon  attainment  of  age  sixty-one,  the  benefit
  otherwise provided pursuant to this paragraph two shall be reduced while
  the member is in  service  to  ninety-six  per  centum  of  the  benefit
  otherwise  payable and each year thereafter the benefit payable shall be
  reduced by an amount equal to four per centum per year of  the  original
  benefit  otherwise  payable,  but  not  below  sixty  per  centum of the
  original benefit otherwise payable. In the case of a member of  the  New
  York  city  employees'  retirement  system,  the  New York city board of
  education retirement system or the New York  city  teachers'  retirement
  system,  commencing  upon  attainment  of  age  sixty-one,  the  benefit
  otherwise provided pursuant to this paragraph shall be reduced while the
  member is in service to ninety-five per centum of the benefit  otherwise
  payable and each year thereafter the benefit payable shall be reduced by
  an  amount  equal  to  five  per centum per year of the original benefit
  otherwise payable, but not  below  fifty  per  centum  of  the  original
  benefit  otherwise  payable. Upon retirement from any retirement system,
  the  benefit  in  force  shall  be  reduced  by  fifty  percentum;  upon
  completion  of the first year of retirement, the benefit in force at the
  time of  retirement  shall  be  reduced  by  an  additional  twenty-five
  percentum,  and  upon  commencement of the third year of retirement, the
  benefit shall be ten percentum of the benefit in force at age sixty,  if
  any,  or  at  the  time  of  retirement if retirement preceded such age;
  provided, however, the benefit in retirement shall not be reduced  below
  ten  percentum  of  the benefit in force at age sixty, if any, or at the
  time of retirement if retirement preceded such age.
    3. If a member dies  in  service  without  having  made  the  election
  specified  in this subdivision within ninety days after first becoming a
  member, or within the period prescribed  by  the  retirement  system  of
  which  he  is a member if such period is less than ninety days, he shall
  be deemed to have made the election specified in paragraph two.
    4. Notwithstanding any other provision of this article, any member  of
  the  New  York  state teachers' retirement system who joined on or after
  July first,  nineteen  hundred  seventy-three  and  before  July  first,
  nineteen  hundred seventy-four may change the election set forth in this
  subdivision by filing a  new  election  on  or  before  June  thirtieth,
  nineteen  hundred  eighty-nine.  The  election  filed  pursuant  to this
  paragraph shall be irrevocable.
    5. Notwithstanding any provision  of  this  article,  a  member  of  a
  retirement  system  subject  to  the provisions of this article who last
  joined such system on or after January first, two thousand  one  who  is
  not  covered  by the death benefit calculation provided in subdivision b
  of this section shall, upon a qualifying death, be covered by the  death
  benefit   calculation   provided  pursuant  to  paragraph  two  of  this
  subdivision and shall not be entitled to elect between the death benefit
  calculations provided in paragraphs one and two of this subdivision. Any
  individual who  last  joined  such  system  before  January  first,  two
  thousand  one  who  is  not  covered  by  the  death benefit calculation
  provided in subdivision b of this  section  shall  be  covered,  upon  a
  qualifying death, by the death benefit calculation provided by paragraph
  two  of this subdivision unless such individual had timely elected death
  benefit coverage under the calculation provided by paragraph one of this
  subdivision and, upon such death, it is determined that the benefit,  as
  calculated  under such paragraph one would be greater than as calculated
  under such paragraph two, in which case  the  benefit  calculated  under
  such paragraph one shall be payable.
    b.  A  member of a retirement system subject to the provisions of this
  article who is a police  officer,  firefighter,  correction  officer  or
  sanitation  worker  and  is in a plan which permits immediate retirement
  upon completion of a specified period of service without regard  to  age
  or  who  is  subject  to the provisions of subdivision b of section four
  hundred forty-five of this article, shall upon completion of ninety days
  of service be covered for financial protection in the event of death  in
  service pursuant to this subdivision.
    1.  Such  death  benefit  shall  be  equal to three times the member's
  salary raised to the next highest multiple of one thousand dollars,  but
  in  no event shall it exceed three times the maximum salary specified in
  section one hundred thirty of the civil service law or, in the case of a
  member  of  a  retirement system other than the New York city employees'
  retirement system, the New York city police pension fund, subchapter two
  or the New York city fire department pension fund, subchapter  two,  the
  specific   limitations  specified  for  age  of  entrance  into  service
  contained in subparagraphs (b), (c), (d), (e) and (f) of  paragraph  two
  of subdivision a of this section.
    2.  Provided  further,  notwithstanding  any  other  provision of this
  article to the contrary,  where  the  member  is  a  police  officer  or
  firefighter 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
  nominated  for the purposes of this subdivision 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,
  provided further that where such police officer or firefighter  dies  on
  or  after  July  first, two thousand, after having retired from service,
  but before a first payment of a retirement allowance, such person  shall
  be  deemed  to  have been in service at the time of his or her death for
  the purposes of this subdivision only, and  provided  further  that  the
  pension  reserve established pursuant to this paragraph for a person who
  dies after  retiring  from  service,  but  before  first  payment  of  a
  retirement  allowance,  shall be determined as of the date of retirement
  and any pension payments payable for the period of  time  prior  to  the
  retiree's  death shall be deducted from any benefits payable pursuant to
  this subdivision.
    c. For the purpose of  this  section,  salary  shall  be  the  regular
  compensation earned during the member's last twelve months of service in
  full pay status as a member or, if he had not completed twelve months of
  service prior to the date of death, but was subject to the provisions of
  subdivision b of this section, the compensation he would have earned had
  he  worked  for the twelve months prior to such date; provided, however,
  for the purpose of  this  section  salary  shall  exclude  any  form  of
  termination pay (which shall include any compensation in anticipation of
  retirement),  or  any  lump  sum  payment for deferred compensation sick
  leave, or accumulated vacation credit or any other payment for time  not
  worked  (other  than  compensation  received  while  on  sick  leave  or
  authorized leave of absence) and in no event shall it exceed the maximum
  salary specified in section one hundred thirty of the civil service law.
    d. The benefits provided pursuant to this section are in lieu  of  all
  other  benefits  provided  by  this  or  any  other  state  or local law
  exclusive of a benefit provided under the  workmen's  compensation  law,
  the  civil  service  law  or  group life insurance; provided, however, a
  beneficiary of a member eligible for  a  benefit  as  the  result  of  a
  service  connected  accident, may elect to receive such other benefit in
  lieu of the benefit provided pursuant to this section.
    e. For the purposes of this section:
    1. A member who dies while off the payroll shall be considered  to  be
  in service provided he or she (a) 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, (b) had not been otherwise gainfully employed
  since  he or she ceased to be on such payroll and (c) 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; notwithstanding any other
  provision of law to  the  contrary,  a  member  of  the  New  York  city
  employees' retirement system or the board of education retirement system
  of  the city of New York shall be deemed to have died on the payroll for
  the purposes of this section in the event that death occurs  while  such
  member  is  on  an  authorized  leave of absence without pay for medical
  reasons which has continuously been in effect since the member was  last
  paid on the payroll in such service, provided, however, that such member
  was  on the payroll in such service and paid within the four-year period
  prior to his or her death; and
    2. The benefit payable shall be in addition to  any  payment  made  on
  account of a member's accumulated contributions.
    3.  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.
    f. Notwithstanding the provisions of any other law to the contrary and
  solely for the purpose of determining eligibility for the death  benefit
  payable pursuant to this section, a person subject to this section shall
  be  considered  to  have  died  while  in teaching service provided such
  person was in such service 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 subdivision. Provided,
  further, that any such person 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 requirements.