2010 New York Code
RSS - Retirement & Social Security
Article 15 - (600 - 617) COORDINATED RETIREMENT PLAN
606 - Death benefits.

§  606.  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 six  hundred  three  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; or
    2.  A  benefit  upon  the  death  of  a member in service equal to the
  member's salary upon his or her 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, the New York city
  teachers' retirement system or the New York state and  local  employees'
  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 or  she  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 or she last  joined  the
  retirement system, the maximum benefit shall be two years' salary;
    (d)  If  the  member was age fifty-four when he or she 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  or  she 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  or  she  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, the New York city teachers' retirement system or  the  New  York
  state and local employees' 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  per
  centum  of  the  benefit  otherwise payable and each year thereafter the
  benefit payable shall be reduced by an amount equal to  ten  per  centum
  per  year  of  the original benefit otherwise payable, but not below ten
  per centum 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 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.  In  the case of any member of the New York
  state and local employees' retirement system who is permitted to  retire
  without  regard to age, 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-seven per centum of the benefit
  otherwise payable, and each year thereafter the benefit payable shall be
  reduced  by an amount equal to three per centum per year of the original
  benefit otherwise payable, but not  below  seventy  per  centum  of  the
  original  benefit  otherwise payable. In the case of any other member of
  the New York state and local employees'  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-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.  Upon  retirement,  from  any retirement system, the
  benefit in force shall be reduced by fifty per centum;  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 per centum, and
  upon commencement of the third year of retirement, the benefit shall  be
  ten  per  centum 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 per centum of
  the benefit in force at age sixty, if any, or at the time of  retirement
  if  retirement preceded such age. Notwithstanding any other provision of
  this paragraph to the contrary, the benefit for a retiree from  the  New
  York  state  and local employees' retirement system shall not be reduced
  below ten per centum of the benefit in force at the time of retirement.
    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 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 policeman, fireman, correction  officer  or  sanitation
  man  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 section six hundred four  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.  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 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.
    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.