2010 New York Code
RSS - Retirement & Social Security
Article 17* - (700) ELECTION OF ARTICLE FOURTEEN
655 - Survivor's benefit.

§  655. Survivor's benefit. 1. a. The term "state employee" as used in
  this section shall mean a full time employee or officer  of  the  state,
  whose salary is paid directly by the state.
    b.  For  the  limited  purposes  of  this section: (1) the term "state
  employee" as used in this  section  include  a  full  time  employee  or
  officer of the state colleges of agriculture, home economics, industrial
  labor   relations   and  veterinary  medicine,  the  state  agricultural
  experiment station at Geneva, and any other institution or agency  under
  the  management  and control of Cornell university as the representative
  of the board of trustees of the state university of New  York,  and  the
  state  college  of  ceramics  under the management and control of Alfred
  university as the representative of the board of trustees of  the  state
  university  of  New  York; (2) the payroll from which such employees are
  paid shall be deemed to be a state payroll; and (3) such employees shall
  be deemed to be paid directly by the state.
    2. A survivor's benefit shall be payable upon the  death  of  a  state
  employee  who  has been a state employee for ninety or more days and who
  dies before  the  effective  date  of  retirement,  provided  that  such
  employee:
    a. Was on the state payroll for ninety or more days of the one hundred
  twenty days immediately prior to his or her death, or
    b. Had at least one year of service as a state employee and died while
  on  the  payroll following his or her return from an authorized leave of
  absence, or
    c. Had at least one but less than five years of  service  as  a  state
  employee  since  last  entering  state  service  and  died while off the
  payroll and while on an  authorized  leave  of  absence,  provided  such
  person  was  not otherwise gainfully employed since ceasing to be on the
  state payroll, and provided such person was on the state payroll  within
  six months prior to his or her death, or
    d.  Had  five  or more years of service as a state employee since last
  entering state service, and died while off the payroll and while  on  an
  authorized  leave  of  absence, provided such employee was not otherwise
  gainfully employed since  ceasing  to  be  on  the  state  payroll,  and
  provided that such person was on the state payroll within one year prior
  to his or her death.
    e.  For the purpose of determining eligibility for benefits under this
  section, previous service rendered as an employee  of  an  authority  or
  commission  established  under  the  public  authorities  law  shall  be
  credited to a state employee as state service, provided  such  authority
  or  commission  has  in effect, at the time of death of such employee, a
  provision for a survivor's benefit which is substantially equivalent  to
  that  provided  in  this  section and in which previous state service is
  credited to authority or commission  employees  toward  eligibility  for
  such survivor's benefit.
    f.  For  the  purposes of this subdivision, a state employee holding a
  position having an annual salary payable over  a  period  of  less  than
  twelve months shall be considered to be on the payroll during any period
  in  which  he  would otherwise be on the payroll if the annual salary of
  his position were paid over the full  twelve  months.  For  purposes  of
  paragraphs  c and d of this subdivision, an employee shall not be deemed
  to have been gainfully employed solely on account of the performance  of
  military  duty  in any capacity in the armed forces of the United States
  or of any reserve thereof or in the national guard.
    Notwithstanding the provisions of any other law to  the  contrary  and
  solely  for  the  purpose  of  determining  eligibility  for a survivors
  benefit, a member shall be considered to have died while  on  the  state
  payroll  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,  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.
    3. The survivor's benefit shall be payable from the survivor's benefit
  fund. The survivor's benefit shall be an amount which, when added to the
  ordinary  death  benefit provided under any public pension plan to which
  the deceased state employee belonged, equals one-half the annual rate of
  compensation of the state employee as of the date he or she was last  on
  the  payroll  prior  to  death;  provided, however, that such survivor's
  benefit, when added to any ordinary death benefit payable from a  public
  pension  plan  to  which  such  employee belonged, shall be at least two
  thousand dollars and shall not exceed ten thousand dollars. Any benefit,
  other than an accidental death benefit, payable by a public pension plan
  in lieu of the ordinary death benefit shall, for the  purposes  of  this
  section,  be  deemed to be an ordinary death benefit. The portion of any
  ordinary       death       benefit       attributable       to       the
  reserve-for-increased-take-home-pay  shall  be excluded in computing the
  survivor's benefit.
    4. The survivor's benefit payable under this section shall be paid  to
  such  person  or persons as the state employee shall have last nominated
  to receive the ordinary  death  benefit  of  the  retirement  system  or
  pension plan supported by funds of the state of which such employee last
  became   a  member,  or  if  such  employee  did  not  nominate  such  a
  beneficiary, or if such beneficiary has died, or if the employee was not
  a member of such a retirement system or pension plan, to the person last
  specifically designated by  such  employee  to  receive  the  survivor's
  benefit  under  this  section, on a form prescribed by the department of
  audit and control and filed with the department or agency in which  such
  employee  was  last  employed  prior  to  death.  In  the  event  such a
  designated  beneficiary  does  not  survive  such  employee,  or  if   a
  beneficiary  was not designated, the survivor's benefit shall be payable
  to the estate of the state employee or as provided in  section  thirteen
  hundred ten of the surrogate's court procedure act.
    5.  Notwithstanding  any other provisions of this section, in the case
  of a state employee on whose account  an  accidental  death  benefit  is
  payable  from  a public pension plan to which the employee belonged, and
  regardless of the length  of  service  of  the  deceased  employee,  the
  survivor's benefit shall be two thousand dollars and shall be payable to
  the person or persons first receiving the accidental death benefit.
    6. Notwithstanding any other provision of this section, in the case of
  an employee who enters or re-enters state service at sixty-five years of
  age  or  over,  the  survivor's benefit shall not be payable unless such
  employee has completed at least one year  of  continuous  state  service
  following such entry or re-entry.
    7. There is hereby established in the custody of the state comptroller
  a  special  fund  to  be known as the survivor's benefit fund. Such fund
  shall consist of such moneys as  may  be  appropriated  thereto  by  the
  legislature  and  all  other moneys received by such fund from any other
  source pursuant to law. The fund  shall  be  used  exclusively  for  the
  purpose  of  making survivor's benefit payments pursuant to this section

and section six hundred fifty-six and section six hundred fifty-seven of
  this article. Moneys of the fund shall be paid  out  on  the  audit  and
  warrant  of  the  state  comptroller  on vouchers approved by such state
  comptroller.
    8.  If  the  survivor's  benefit  is  paid  for a deceased employee or
  officer  whose  salary  or  compensation  is  paid  from  a  special  or
  administrative  fund other than the general fund or other than an income
  fund of the state university or other than the mental  hygiene  services
  fund,  the cost of such benefit shall be charged against such other fund
  or funds.  If the amounts appropriated or allocable from such special or
  administrative fund or funds are  insufficient  for  such  purpose,  the
  director  of the budget may allocate such additional sums from such fund
  or funds as  may  be  necessary  therefor;  provided  however,  that  no
  transfer  shall  be made between two or more of such funds. Such amounts
  shall be paid, at such times as required, to the state  comptroller  and
  shall be credited to the survivor's benefit fund.
    9.  The  state  comptroller shall prescribe such regulations as may be
  required for the effective  administration  and  implementation  of  the
  provisions  of  this section including the establishment of criteria for
  determining eligibility of state employees. The  state  comptroller  may
  enter  into  agreement with other agencies to perform such duties as may
  be necessary to implement the provisions of this section.
    10. The provisions of this section shall apply to state employees  who
  die  on or after April first, nineteen hundred sixty-two and before July
  first, nineteen hundred seventy-four.