2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 17 - (655 - 657) SURVIVORS BENEFITS
657 - Survivor's benefit for retired state employees.

 
    § 657. Survivor's benefit for retired state employees.  1. a. The term
  "retired  state  employee"  as  used in this section shall mean a former
  employee or officer of the state (1) who while in state service  retired
  for  any  cause  from any retirement system or pension plan supported by
  funds of the state other than the state university  optional  retirement
  program  of  article  eight-B  of  the  education  law  or the education
  department optional retirement program of article three, part V, of  the
  education  law,  or (2) who while in state service retired for any cause
  from either or both such optional retirement programs provided he or she
  had thereupon attained age  fifty-five,  or  (3)  who  terminated  state
  service  for  any cause on or after the attainment of age sixty-two; and
  who, at the time he or she retired pursuant to subparagraph one  or  two
  of  this  paragraph or terminated service pursuant to subparagraph three
  of this paragraph, had ten or more years of full time service as a state
  employee, provided that the ten years' full time service were within the
  last fifteen years prior to such retirement or termination. For purposes
  of this section, no person shall  be  deemed  to  be  or  have  been  an
  employee  or officer of the state or in the state service for any period
  during which his or her salary was  not  paid  directly  by  the  state,
  except  a  person employed in an institution specified in paragraph b of
  this subdivision or a person employed  in  an  authority  or  commission
  specified in paragraph c of this subdivision.
    b.  For  all  purposes  of  this  section alone, the state colleges of
  agriculture,  home  economics,  industrial  and  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 shall be deemed to be the state.
    c.  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 retired state employee as  state  service,  provided  such
  authority or commission has in effect, at the time of retirement of such
  retired  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  retired authority or retired
  commission employees toward eligibility for such survivor's benefit.
    d. For the purpose of determining eligibility for benefits under  this
  section,  no  retired state employee who retired prior to October first,
  nineteen hundred sixty-six shall  be  eligible  for  benefits  hereunder
  unless  such  retiree  is  a  pensioner  of the New York state and local
  employees' retirement system or the New York state and local police  and
  fire retirement system.
    2.  The  amount  of a survivor's benefit under this section shall be a
  lump sum of two thousand dollars, except  that  where  a  retired  state
  employee  dies  while reemployed as provided in subdivision four of this
  section or dies within thirty  days  following  retirement  pursuant  to
  subdivision  one  of  this section, the amount of the survivor's benefit
  under this section, if any, shall  be  two  thousand  dollars  less  any
  ordinary   death  benefit,  exclusive  of  any  ordinary  death  benefit
  attributable  to  the  reserve-for-increased-take-home-pay,  payable  on
  account  of  the  death  of  such  employee under a retirement system or
  pension plan supported by funds of the state.
    3. In addition to the benefit provided pursuant to subdivision two  of
  this  section  an  additional  benefit  shall  be  provided on behalf of

  retired state employees who  retire  or  terminate  their  services,  as
  defined  by  subdivision  one  of this section, on or after April first,
  nineteen hundred seventy,  except,  however,  such  additional  benefits
  shall  be provided on behalf of retired state employees who were members
  of the state police in  a  collective  negotiating  unit  consisting  of
  commissioned  officers  established  pursuant to article fourteen of the
  civil service law who retire or terminate their services, as defined  by
  subdivision  one  of  this  section,  on  or after April first, nineteen
  hundred seventy-one, and on behalf of retired state employees  who  were
  members  of the state police in a collective negotiating unit defined in
  the  certification  of  the  public  employment  relations  board  dated
  December  twenty-ninth,  nineteen hundred seventy in case numbers C-0570
  and C-0575 established pursuant to article fourteen of the civil service
  law who retire or terminate their services, as  defined  by  subdivision
  one  of  this  section,  on  or  after  April  first,  nineteen  hundred
  seventy-two, of one thousand dollars, except  that  where  such  retired
  state  employee dies while reemployed as provided in subdivision five of
  this section or dies within thirty days following retirement pursuant to
  subdivision one of this section, the amount of  the  survivor's  benefit
  under  this  section,  if  any, shall be three thousand dollars less any
  ordinary  death  benefit,  exclusive  of  any  ordinary  death   benefit
  attributable  to  the  reserve-for-increased-take-home-pay,  payable  on
  account of the death of such  employee  under  a  retirement  system  or
  pension  plan  supported by funds of the state in lieu of the survivor's
  benefits specified in subdivision two of this section.
    4. A survivor's benefit under this section shall not be payable in any
  case in which a survivor's benefit is payable pursuant  to  section  six
  hundred fifty-five of this chapter.
    5.  The eligibility for survivor's benefit protection provided by this
  section of a retired state  employee  who  subsequently  reenters  state
  service,  or  enters  the  service  of  a  participating  employer  of a
  retirement system or pension plan supported by funds of the state, shall
  continue but only until such employee  attains  eligibility  either  for
  coverage  under  the  survivor's benefit program provided by section six
  hundred fifty-five of this article or for payment of an  ordinary  death
  benefit of two thousand dollars or more, exclusive of any ordinary death
  benefit attributable to the reserve-for-increased-take-home-pay, payable
  on  account of the death of such employee under such a retirement system
  or pension plan. Each time such employee leaves state  service,  or  the
  service  of  such  a  participating  employer, and loses the eligibility
  attained following such entry or  reentry,  such  employee  shall  again
  become  eligible  for  payment  of a survivor's benefit provided by this
  section.
    6. The survivor's benefit payable under this section shall be paid  to
  such  person  or  persons  as the retired state employee shall have last
  nominated  to  receive  benefits  under  a  retirement  option  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  and
  filed  with  the  state  comptroller.  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
  retired state employee or as provided in section thirteen hundred ten of
  the surrogate's court procedure act.

    7.  The  survivor's  benefit fund provided for by subdivision seven of
  section six hundred fifty-five of this article shall be  the  fund  from
  which  survivor's  benefit  payments  pursuant  to this section shall be
  paid.
    8.  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  for  payment  under  this  section.  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.
    9. a. Every state department or agency shall promptly inform the state
  comptroller  of the retirement or termination, as defined by subdivision
  one of this section, of  any  employee  on  whose  behalf  a  survivor's
  benefit under this section may be payable. Such employer shall set forth
  the  relevant  state  employment  record  of the employee and such other
  information as is required by the form to be  prescribed  by  the  state
  comptroller.
    b.  Every  public  retirement  system or pension plan within the state
  shall promptly inform the state comptroller of the death of  any  member
  on  whose behalf a survivor's benefit under this section may be payable.
  Such system or plan shall set forth the name or names of the beneficiary
  or beneficiaries, if any,  last  designated  by  the  member  under  any
  retirement  option selected and such other information as is required by
  the form to be prescribed by the state comptroller.
    10. A designated beneficiary of every retired state employee who filed
  a designation of beneficiary form with the state comptroller  must  file
  an application with the state comptroller for a survivor's benefit under
  this section within six months after the death of such employee in order
  to qualify for the survivor's benefit provided by this section. For good
  cause shown, the state comptroller may waive this time requirement.
    11.  The  provisions  of  this  section  shall  apply to retired state
  employees  who  retire  or  terminate  their  service,  as  defined   by
  subdivision  one  of this section, on or before June thirtieth, nineteen
  hundred seventy-four, provided, however, that nothing  herein  shall  be
  deemed  to  apply  to  any  employee  who retired on or before September
  thirtieth,  nineteen  hundred  sixty-six  and  who  died  prior  to  the
  effective date of this subdivision.