NY Ret & SS L § 361 (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 361 - Accidental Death Benefit.

§  361.  Accidental  death benefit. a. An accidental death benefit and   the reserve-for-increased-take-home-pay shall be payable upon the  death   of  a  member  if,  upon  application, filed within five years after the   death of such member the comptroller shall determine, on  the  basis  of   the evidence, that such member:1.  Died  before  the effective date of his retirement, as the natural   and proximate result of an accident sustained in the performance of duty   in the service upon which his membership was based, and2. Did not cause such accident by his own willful negligence, and3. At the time of such accident was actually a member  of  the  police   and fire retirement system.   Where   the   claimant  is  an  infant  or  is  mentally  or  physically   incapacitated, and because of the aforesaid disability  application  for   accidental  death benefit is not filed within the time specified by this   subdivision, or where a person entitled to make a claim dies before  the   expiration  of  the  time  so  specified,  the comptroller in his or her   discretion may grant leave to file such application within a  reasonable   time after the expiration of the time specified in this subdivision.Notwithstanding  the  provisions of section two hundred forty-two, two   hundred forty-three or two hundred forty-four of the military law or the   provisions of any other law to the contrary and solely for  the  purpose   of  determining  eligibility  for  an  accidental  death  benefit and/or   special accidental death benefit, a member shall be considered  to  have   died as the natural and proximate result of an accident sustained in the   performance  of  duty  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 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.      The      accidental      death      benefit      and       the   reserve-for-increased-take-home-pay  shall  be  payable from the pension   reserve fund. Such accidental death benefit shall consist of  a  pension   of  one-half  of  the member's final average salary. The payment of such   pension shall be subject to the  provisions  of  section  three  hundred   sixty-four  of  this  article.  The  reserve-for-increased-take-home-pay   shall be paid in a lump sum to those entitled thereto in accordance with   subdivision d of this section. The  member's  accumulated  contributions   shall  be  refunded  in  accordance  with subdivision d of section three   hundred fifty-one of this article.c. The accidental death benefit payable pursuant to  this  section  on   account of a member whose:1.  Service  was  on  other  than a full-time basis at the time of his   death, and2. Death was the natural and proximate result of an accident sustained   while a member and while in the performance of duty, shall be  equal  to   the  benefit  that  would  be  paid  on  account of such member were his   service on a full-time basis.d.  The   pension   on   account   of   accidental   death   and   the   reserve-for-increased-take-home-pay shall be paid to:1.  The  member's  widow  or  widower  to  continue  during his or her   lifetime.  If he or she shall leave no widow or widower, or  if  his  or   her widow or widower shall die before all his or her children shall have   attained age eighteen, or if students, before all of his or her children   shall have attained age twenty-three, or sooner die, then to2.  His  or her child or children under age eighteen, or, if students,   his or her children under age twenty-three, divided in  such  manner  as    the  comptroller, in his discretion, shall determine. Such pension shall   continue as a joint and survivor pension until every  such  child  shall   have  attained  age  eighteen, or, if a student, shall have attained age   twenty-three,  or  sooner die. If no widow or widower or child under age   eighteen, or, if a student, under age twenty-three, shall  survive  such   member, at the time of his or her death, then to3. His or her dependent father or dependent mother, as he or she shall   have  nominated  by written designation duly acknowledged and filed with   the comptroller. Such pension shall continue for the life of the  parent   so designated. If there be no such designation, then to4.   His   or  her  dependent  father  or  dependent  mother,  as  the   comptroller, in his discretion,  shall  determine.  Such  pension  shall   continue for the life of the parent so elected.For purposes of this subdivision, student shall mean a person enrolled   in  an  accredited  institution  of higher education for at least twelve   semester hours for a semester of not less than fifteen weeks,  inclusive   of  examination  periods;  or  eight  semester  hours  a quarter; or, in   programs not organized on  a  semester  or  quarter  basis,  twenty-four   semester  hours  for  an academic year of not more than twelve months or   the equivalent, as  determined  by  the  commissioner  of  education.  A   student  shall  be  considered  full-time  for a program organized on an   academic-year basis only if the student has filed a plan of  study  with   the institution for the entire academic year.