NY Ret & SS L § 360-A (2021)
2021 New York Laws RSS - Retirement and Social Security Article 8 - New York State and Local Police and Fire Retirement System Title 8 - Death Benefits and Disability Retirement 360-A - Guaranteed Ordinary Death Benefit Payable Upon Death of State Employees.

§ 360-a. Guaranteed ordinary death benefit payable upon death of state   employees.  a.  Upon  the  death  in  service of a member who was in the   employ of the state on March thirty-first, nineteen hundred  sixty-nine,   and  whose  beneficiary  was  eligible  for  the  ordinary death benefit   pursuant to section three hundred sixty of this chapter, or  would  have   been  eligible  had  the state employee had one year or more of service,   such  beneficiary  shall  receive  an  ordinary  death  benefit  payable   pursuant  to  section  three hundred sixty, or, in lieu of such ordinary   death benefit, the benefit payable pursuant to this  section,  whichever   is greater.aa.  Upon  the  death  in service of a member on or after April first,   nineteen hundred seventy, who (1) entered or reentered the employ of the   state after March thirty-first, nineteen hundred sixty-nine and prior to   April first, nineteen hundred eighty-five, and was  in  such  employ  on   March  thirty-first,  nineteen hundred eighty-five, (2) had not attained   age sixty at the date of  such  entrance  into  such  service,  (3)  had   rendered  ninety  or  more  days  of continuous state service during the   fifteen month period immediately preceding death,  (4)  last  joined  or   rejoined  a public retirement system thereof before July first, nineteen   hundred seventy-three, and (5) whose beneficiary was  eligible  for  the   ordinary  death  benefit pursuant to section three hundred sixty of this   chapter, or would have been eligible had the employee had  one  year  or   more  of state service, such beneficiary shall receive an ordinary death   benefit payable pursuant to section three hundred sixty of this chapter,   or, in lieu of such ordinary death benefit, the benefit payable pursuant   to this section, whichever is greater.aaa. Provided further, notwithstanding any  other  provision  of  this   article to the contrary, where the member is an officer or member of the   state  police  and  would  have  been  entitled  to a service retirement   benefit at the time of his or her death  and  where  his  or  her  death   occurs  on  or  after  July  first,  two  thousand,  the  beneficiary or   beneficiaries may elect to receive, in a lump  sum,  an  amount  payable   which  shall  be  equal  to  the  pension  reserve  that would have been   established had the member retired on the date of his or her  death,  or   the      value      of      the      death      benefit      and     the   reserve-for-increased-take-home-pay,  if  any,  whichever  is   greater.   Provided further, that for the purpose of determining entitlement to the   benefit provided by this subdivision, and notwithstanding the provisions   of subdivision j of section three hundred forty-one of this article, the   total  number  of  days  of  unused  sick leave and accumulated vacation   credit accrued by the member at the time of his or her  death  shall  be   considered  in  meeting the total creditable service required to qualify   for a service retirement benefit provided without regard  to  age  where   his or her death occurs on or after July second, two thousand nine.b.  The  guaranteed ordinary death benefit provided under this section   to such a beneficiary shall be three times the compensation earnable  by   the state employee during his last twelve months of service as a member,   raised  to  the  next higher multiple of one thousand dollars, but in no   event, greater than twenty thousand dollars.c. For the purposes of this section an employee who dies while off the   payroll shall be considered to be in service provided he or she (1)  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, (2) had not been otherwise   gainfully employed since he or she ceased to be on such payroll and  (3)   had  credit  for at least one year of continuous service since he or she   last  entered or reentered the service of his or her employer. 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.d. The provisions of this section shall apply in any case where  death   occurs  on  or after the date this section becomes law and prior to July   first, nineteen hundred seventy-four.