2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 14 - (500 - 520) COORDINATED-ESCALATOR RETIREMENT PLAN
508 - Death benefits.

 
    §  508.  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 five 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.
    Notwithstanding any other provision of this paragraph, 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  benefits  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, investigator
  revised plan member 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
  five  hundred  four  or  five  hundred  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.  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,  or  in  the  case  of  a member of the New York city employees'
  retirement system who is a New York city uniformed correction/sanitation
  revised plan member or an investigator revised plan member, 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 pursuant to Title 10 of the United
  States Code, with the armed forces of the United States or to service in
  the uniformed services pursuant to Chapter 43 of Title 38 of the  United
  States  Code  and  died  while  on  such  active  duty or service in the
  uniformed services on or after June fourteenth, two thousand  five,  (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; 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
  pursuant to Title 10 of the United States Code, with the armed forces of
  the United States or to service in the uniformed  services  pursuant  to
  Chapter  43  of  Title  38  of  the United States Code 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. With respect to a member of the New York state and local employees'
  retirement system who was covered by paragraph two of subdivision  a  of
  the  former  section  five  hundred  eight  of this chapter, as added by
  chapter  eight  hundred  ninety  of  the  laws   of   nineteen   hundred
  seventy-six,  prior  to  its  repeal  pursuant  to  chapter  six hundred
  seventeen of the laws of nineteen hundred eighty-six and who is entitled
  under the state constitution to  have  benefits  calculated  under  such
  provision   as  it  read  prior  to  such  nineteen  hundred  eighty-six
  amendment, the lump sum death benefit shall be  determined  pursuant  to
  subdivision  a of this section. With respect to a member of the New York
  state  and  local  employees'  retirement  system  who  was  covered  by
  subdivision  b of the former section five hundred eight of this chapter,
  as added by chapter eight hundred ninety of the laws of nineteen hundred
  seventy-six, prior  to  its  repeal  pursuant  to  chapter  six  hundred
  seventeen of the laws of nineteen hundred eighty-six and who is entitled
  under  the  state  constitution  to  have benefits calculated under such
  provision  as  it  read  prior  to  such  nineteen  hundred   eighty-six
  amendment,  the  lump  sum death benefit shall be determined pursuant to
  subdivision a of this section.