NY Ret & SS L § 60 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 7 - Death Benefits and Disability Retirement 60 - Ordinary Death Benefit.

§  60.  Ordinary  death benefit. a. An ordinary death benefit plus the reserve-for-increased-take-home-pay shall be payable upon the death of a member who:   1. Died before the effective date of his retirement, and   2. Was in service upon which his membership was based when he died  or was  on  the  payroll in such service and paid within a period of twelve months prior to his death or within a period of twenty-four months prior to his death if on leave of absence as set forth below and  had,  unless his  service  was  based  on  seasonal  employment,  not  been otherwise gainfully employed since he ceased to be on such payroll except while on leave of absence which was granted in accordance with the provisions  of subdivision  i  of section forty-one of this chapter and which commenced during the period from April first, nineteen hundred  sixty-six  through June  thirtieth, nineteen hundred seventy-four, to perform services as a civilian officer or employee of the federal government  or  one  of  its agencies  or  a contractor of the United States Agency for International Development engaged to perform the  work  of  such  agency,  the  United Nations, any other international organization of which the United States of America is a member, or a foreign government, and   3.  Has  credit  for  one  or  more  years of service while actually a member.  This requirement of one or more years of service while actually a     member     shall      not      be      applicable      to      the reserve-for-increased-take-home-pay  and  shall  be subject to waiver as provided in subdivision e of section forty-one of this article.   An ordinary death benefit shall not be payable in any case in which an accidental death  benefit  is  payable  provided,  however,  that  where payments  made  pursuant to section sixty-one of this chapter on account of an accidental death benefit, computed without reduction  pursuant  to section      sixty-four      of      this      article,      and     the reserve-for-increased-take-home-pay total less than the  ordinary  death benefit and the reserve-for-increased-take-home-pay that would have been computed  and made payable pursuant to this section sixty in the case of ordinary death, the difference shall  be  paid  to  the  beneficiary  or member's    estate   to   which   the   ordinary   death   benefit   and reserve-for-increased-take-home-pay would have been paid.   Provided  further,  that  where  the  beneficiary   or   beneficiaries designated  to  receive the accidental death benefit pursuant to section sixty-one of this article  is  the  same  beneficiary  or  beneficiaries designated  by  the  member to receive the ordinary death benefit, then, and in that case, the beneficiary or beneficiaries may elect to receive, in a lump  sum,  the  value  of  the  ordinary  death  benefit  and  the reserve-for-increased-take-home-pay,   if  any,  that  would  have  been computed and made payable pursuant to the provisions hereof in  case  of ordinary death, in lieu of any other benefit.   Notwithstanding  the  provisions  of any other law to the contrary and solely for the purpose of determining eligibility for an ordinary  death benefit  and/or  guaranteed  ordinary  death  benefit, a member shall be considered to  have  died  while  in  service  upon  which  his  or  her membership  was  based  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. Provided, further,  that any such member ordered to such active duty with the armed forces of the United  States or in service in the uniformed services 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.   aa.  Notwithstanding the provisions of section ninety of this article, an ordinary death benefit plus  the  reserve-for-increased-take-home-pay shall  be  payable  to the beneficiary designated in a valid election of "Option One-half", if any, or in the manner provided by subdivisions  c, d,  or  e  of this section, in any other case, if a retired member shall die where:   1. His application for retirement became effective prior to his death, and   2. No optional election by him was in effect at the time of his death, or he had made and filed a valid  election  to  receive  his  retirement allowance without optional modification or under "Option One-half", and   3.  He  died  within  the  period of thirty days immediately after his retirement became effective.   The amount of  the  ordinary  death  benefit  so  payable  under  this subdivision  shall  be reduced by the amount of any pension payment that may have been paid on account of such retirement.   The provisions of this subdivision shall apply in any case where death occurred on or after January first, nineteen hundred fifty-four.   b.      The      ordinary      death      benefit       plus       the reserve-for-increased-take-home-pay  shall  be  payable from the pension accumulation fund. The ordinary  death  benefit  shall  not  exceed  the compensation  earnable  by  such member during his last twelve months of service while  a  member.  The  amount  thereof  shall  be  computed  by multiplying one-twelfth of such compensation by the number of years, not to  exceed  twelve, of his total service credit. Provided, however, that where the member has more than twelve years of total service credit  and where  his  death occurs on or after July first, nineteen hundred sixty, and on or before June thirtieth, nineteen  hundred  seventy-four,  there shall  be added to such ordinary death benefit one-twenty-fourth of such compensation  multiplied  by  the  number  of  years,  not   to   exceed twenty-four,  but  exclusive  of  the first twelve, of his total service credit.  Provided,  further,  that  where  a  member,  qualified   under subdivisions  a  or  aa  of  this section, would have been entitled to a service retirement benefit at the time of his death and where his  death occurs  on  or  after July first, nineteen hundred sixty-three and on or before June thirtieth, nineteen hundred seventy-four, the amount payable under this section shall be equal to the pension reserve that would have been established had the member retired on the date of his death, unless the ordinary death benefit and the  reserve-for-increased-take-home-pay, hereinabove provided for, shall be in excess thereof.   In  the  case  of  a retired member who has returned to service, total service credit, for purposes of this section only, shall include service rendered prior to his retirement, provided that he shall  have  rendered at  least one year of service since he last became a member, or provided he shall have rendered since he returned to public service one  year  of service during which he elected pursuant to subdivision a of section one hundred  one  of  this  article  not to be restored to membership in the retirement system.  The  member's  accumulated  contributions  shall  be refunded  in  accordance with subdivision d of section fifty-one of this article.   bb. (a) An ordinary death benefit shall be payable upon the death of a member who was in the employ of the state during its participation under section seventy-five-a of this chapter or of  a  participating  employer while  such  employer  is  participating under the provisions of section seventy-five-b of this chapter.    The provisions of this subdivision bb shall apply in  any  case  where death occurred on or after August nineteenth, nineteen hundred sixty-six and prior to July first, nineteen hundred seventy-four.  (b)  The  ordinary  death  benefit  shall  be payable from the pension accumulation fund.  Such  ordinary  death  benefit  shall  be  based  on compensation  earnable  by  such member during his last twelve months of service while  a  member.  The  amount  thereof  shall  be  computed  by multiplying one-twelfth of such compensation by the number of years, not to exceed thirty-six, of his total service credit. Provided that where a member, qualified under subdivisions a and aa of this section would have been  eligible for service retirement at the time of his death and where his death  occurs  on  or  after  August  nineteenth,  nineteen  hundred sixty-six  and  prior  to July first, nineteen hundred seventy-four, the amount payable under this section shall be equal to the pension  reserve that  would have been established pursuant to section seventy-five-c had the member retired on the date of his death, unless the  ordinary  death benefit hereinabove provided for shall be in excess thereof. The benefit provided herein shall be in lieu of the ordinary death benefit presently payable under other provisions of this chapter, unless the benefit under such  other  provisions shall be in excess of those provided for herein, in which event the greater benefit shall be payable.  (c) In the case of a retired member who has returned to service, total service credit, for purposes of this  subdivision  only,  shall  include service  rendered  prior  to his retirement, provided that he shall have rendered at least one year of service since he last became a member,  or provided  he shall have rendered since he returned to public service one year of service during which he elected pursuant  to  subdivision  a  of section one hundred one of this article not to be restored to membership in  the  retirement system. The member's accumulated contributions shall be refunded in accordance with subdivision d  of  section  fifty-one  of this article.   c.       The       ordinary       death      benefit      and      the reserve-for-increased-take-home-pay shall be paid to the member's estate or to such person as he shall have nominated to  receive  such  ordinary death benefit. To be effective, such a nomination must be in the form of a  written designation, duly acknowledged and filed with the comptroller for this specific purpose. In the event such  a  designated  beneficiary does  not  survive  him,  or  if  he  shall  not  have  so  designated a beneficiary, such benefit shall be  payable  to  the  deceased  member's estate  or  as provided in section one thousand three hundred ten of the surrogate's court procedure act.   d. The member, or on the death of the member, the person nominated  by him  to  receive his death benefit, may provide, by written designation, duly executed and filed with the comptroller, that  such  death  benefit and the reserve-for-increased-take-home-pay shall be paid in the form of an  annuity.  Such  designation shall be filed prior to or within ninety days after the death of the member. The amount of such annuity shall  be determined as the actuarial equivalent of such death benefit and reserve on  the basis of the age of such beneficiary at the time of the member's death and regular interest.   e. A member, or after his  death,  the  person  nominated  by  him  to receive  his  ordinary death benefit, may elect to receive the actuarial equivalent of the annuity specified in subdivision d of this section  in the  form  of  a  reduced  annuity,  payable  for life, with the further proviso that if the person so nominated should die  before  the  annuity payments  received  by  him  are equal to such actuarial equivalent, the balance thereof shall be paid in a lump sum to such beneficiary's estate or to such person as such member or his nominee  shall  have  designated  prior  to  his  death.  Such  election  shall be made prior to or within ninety days after the  death  of  the  member.  Such  designation  of  a beneficiary  to receive such lump sum may be made or changed at any time by the person who made it. Such election, designation or change shall be made  by  a writing duly executed and filed with the comptroller. If the person nominated to receive such lump sum does not survive the  member's beneficiary,  such  lump  sum, if any, shall be payable to the estate of the member's beneficiary, or as provided in section one  thousand  three hundred ten of the surrogate's court procedure act.   f.  1. Notwithstanding any provision of paragraph three of subdivision a of this section to the contrary and in  lieu  of  the  ordinary  death benefit  payable pursuant to subdivisions b or bb of this section or the guaranteed ordinary death benefit payable pursuant to section sixty-a of this article, a special death benefit shall be payable upon the death in service of a security services unit member or parkway police unit member or security supervisors unit member who is subject to the provisions  of this  article,  and  who  has  credit for ninety or more days of service while actually a member of the retirement system.   2. The special death  benefit  provided  under  this  section  to  the beneficiary of such security services unit member or parkway police unit member or security supervisors unit member shall be:  (a)  in  the case of a security services unit member or parkway police unit member or security supervisors unit member who was employed by  the state  on or before the date this act takes effect, equal to three times the member's compensation earnable during  his  last  twelve  months  of service as a member or, if he had not completed twelve months of service prior  to  the  date of his death, three times the compensation he would have earned had he worked for twelve  months  prior  to  such  date,  in either  case raised to the next higher multiple of one thousand dollars. If, however, the ordinary death benefit payable pursuant to  subdivision b  or  bb  of  this  section  upon the death of such a security services member or parkway police unit member or security supervisors unit member would have exceeded the special death benefit payable pursuant  to  this subdivision,  the special death benefit payable in the event of death of such a member prior to July first, nineteen hundred seventy-one shall be equal to that benefit which would have otherwise been  payable  pursuant to  subdivision b or bb of this section notwithstanding any provision of paragraph one of this subdivision to the contrary; or  (b) in the case of a security services unit member or  parkway  police unit member or security supervisors unit member who enters service after the  date  this  act  takes  effect,  equal  to three times the member's compensation earnable during his last twelve  months  of  service  as  a member or, if he has not completed twelve months of service prior to the date of his death, three times the compensation he would have earned had he  worked for twelve months prior to such date in either case raised to the next higher multiple of one thousand dollars.   3. For the purpose  of  this  subdivision:  (a)  the  terms  "security services  unit  member",  "parkway  police  unit  member", and "security supervisors unit member" shall mean a member in the employ of the  state in  the  collective negotiating unit designated as the security services unit or parkway police unit or  security  supervisors  unit  established pursuant to article fourteen of the civil service law; and  (b)  the  term  "death  in  service" shall include the death of such a member who dies while off the payroll provided he or she (i) 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,  (ii) had not been otherwise gainfully employed since he or she ceased to be on  such  payroll  and  (iii)  had credit for one or more years of continuous service since he 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.   4. The provisions of this subdivision shall apply in  any  case  where death  occurs  on  or  after  the date this subdivision takes effect and prior to July first, nineteen hundred seventy-four.