2006 New York Code - Accidential Death Benefit.

 
    §  61.  Accidential death benefit. a. An accidential death benefit and
  the reserve-for-increased-take-home-pay shall be payable upon the  death
  of  a member if, upon application filed within two years after the death
  of such member, the comptroller shall determine, on  the  basis  of  the
  evidence, that such member:
    1.  Died  before  the effective date of his retirement, as the natural
  and proximate result of an accident sustained in the performance of duty
  in the service upon which his membership was based, and
    2. Did not cause such accident by his own willful negligence, and
    3. At the  time  of  such  accident  was  actually  a  member  of  the
  retirement  system.  Where  the  claimant is an infant or is mentally or
  physically  incapacitated,  and  because  of  the  aforesaid  disability
  application  for  accidental  death benefit is not filed within the time
  specified by this subdivision, or where a  person  entitled  to  make  a
  claim  dies  before  the  expiration  of  the  time  so  specified,  the
  comptroller in his discretion may grant leave to file  such  application
  within  a  reasonable time after the expiration of the time specified in
  this subdivision.
    Notwithstanding the provisions of section two hundred  forty-two,  two
  hundred forty-three or two hundred forty-four of the military law or the
  provisions  of  any other law to the contrary and solely for the purpose
  of determining eligibility for an accidental  death  benefit,  a  member
  shall  be considered to have died as the natural and proximate result of
  an accident sustained in the performance of duty  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.
    b.      The      accidental      death      benefit      and       the
  reserve-for-increased-take-home-pay  shall  be  payable from the pension
  reserve fund. Such accidential death benefit shall consist of a  pension
  of  one-half  of  the member's final average salary. The payment of such
  pension shall be subject to the provisions of section sixty-four of this
  article. The reserve-for-increased-take-home-pay shall be paid in a lump
  sum to those entitled thereto in accordance with subdivision d  of  this
  section.  The  member's  accumulated  contributions shall be refunded in
  accordance with subdivision d of section fifty-one of this article.
    c. The accidental death benefit payable pursuant to  this  section  on
  account of a member whose:
    1.  Service  was  on  other  than a full-time basis at the time of his
  death, and
    2. Death was the natural and proximate result of an accident sustained
  while a member and while in the performance of duty, shall be  equal  to
  the  benefit  that  would  be  paid  on  account of such member were his
  service on a full-time basis.
    d.  The   pension   on   account   of   accidental   death   and   the
  reserve-for-increased-take-home-pay shall be paid to:
    1.  The  member's  widow  or  widower  to  continue  during his or her
  widowhood. If he or she shall leave no widow or widower, or  if  his  or
  her widow or widower shall die or remarry before all his or her children
  shall have attained age eighteen or sooner die, then to
    2.  His  or  her child or children under age eighteen, divided in such
  manner as the comptroller, in  his  discretion,  shall  determine.  Such
  pension  shall continue as a joint and survivor pension until every such
  child shall have attained age eighteen or sooner die.  If  no  widow  or
  widower  or  child  under age eighteen shall survive such member, at the
  time of his or her death, then to
    3. His or her dependent father or dependent mother, as he or she shall
  have  nominated  by written designation duly acknowledged and filed with
  the comptroller. Such pension shall continue for the life of the  parent
  so designated. If there be no such designation, then to
    4.   His   or  her  dependent  father  or  dependent  mother,  as  the
  comptroller, in his discretion,  shall  determine.  Such  pension  shall
  continue for the life of the parent so selected.