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

 
    §  60-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 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
  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  of  the  state  or  a  municipality
  thereof before July first, nineteen hundred seventy-three, and (5) whose
  beneficiary  was  eligible  for  the  ordinary death benefit pursuant to
  section 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  sixty  of
  this  chapter,  or,  in lieu of such ordinary death benefit, the benefit
  payable pursuant to this section, 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. Where a member dies before
  rendering one year of  service,  the  death  benefit  pursuant  to  this
  subdivision  shall be three times the compensation that the member would
  have earned had he worked for twelve months prior to  the  date  of  his
  death 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.