NY Educ L § 512 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 11 - State Teachers' Retirement System for Public School Teachers 512 - Withdrawal and Death Benefits.

§ 512. Withdrawal  and  death  benefits.  Benefits upon withdrawal and death shall be payable as follows:   a. A member who withdraws from service or ceases to be a  teacher  for any  cause  other  than  death or retirement shall be paid on demand the accumulated contributions standing  to  the  credit  of  his  individual account  in  the  annuity  savings fund. A member who has no accumulated contributions credited to his individual account in the annuity  savings fund  and  who  ceases to be a teacher for any cause other than death or retirement may withdraw from membership in the system by filing a notice of withdrawal with the system pursuant to rules and regulations  adopted by the retirement board.   b.  1.  Should  a  contributor  die before retirement, his accumulated contributions shall be paid to his estate or to such person as he  shall have  nominated  to  receive  such benefit. In the event such 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 hundred  three-a  of  the  decedent estate law. Such nomination must be by written designation duly executed and filed with the retirement board.   2.  In  addition  to  the return of accumulated contributions, a death benefit also shall be payable upon the death of a member who dies before the effective date of his retirement, and 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 and had not been otherwise gainfully employed since he ceased to be on such  payroll or  if, during the period that membership is valid, the retirement board shall determine to its satisfaction that said member was  physically  or mentally incapacitated for the performance of duty at the time he ceased to  be  on  the  payroll  in  such  service  and  that  he  had  been so incapacitated and had not been otherwise  gainfully  employed  since  he ceased  to  be  on  such payroll; provided he had credit for one or more years of service while actually a member. The amount  of  death  benefit shall  be  computed  by  multiplying  one  twelfth  of  the compensation earnable by such member during his last twelve months of service while a member by the number of years, not to exceed twelve, of his total credit for service as a teacher in this state. Where the member has  more  than twelve years of credited service as a teacher in this state and when his death  occurs  on  or  after July first, nineteen hundred sixty-one, and before July first, nineteen hundred seventy-four, there shall  be  added to such benefit one twenty-fourth of such compensation multiplied by the number  of years in excess of twelve, but not to exceed twenty-four such years, of his total credit for service as a teacher in  the  state.  The death benefit shall be paid to such person as he shall have nominated to receive  such benefit. In the event such 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  hundred  three-a  of  the  decedent  estate  law.  Such nomination  must  be by written designation duly executed and filed with the  retirement  board.  The  provisions  of  this  paragraph   two   of subdivision  b  of  this section shall apply only to deaths occurring on and after July first, nineteen hundred fifty-nine.   3. Notwithstanding any other provisions of this article or  any  rules or  regulations  adopted  thereunder  by the retirement board, the death benefit payable pursuant to paragraph two of this  subdivision,  in  the case  of  a member who dies after having become eligible to apply and be retired for special service or superannuation pursuant to the provisions of this article, shall be increased by the  amount,  if  any,  that  the actuarial equivalent of the pension portion of his retirement allowance,  computed  as if he had been retired on the day immediately preceding his death, and computed in accordance with the provisions of subdivision two of section five hundred ten and subdivision four of section five hundred eleven-a  of  this  article,  exceeds  the  amount  of the death benefit otherwise payable pursuant to paragraph two  of  this  subdivision.  The provisions  of  this  paragraph  three  of subdivision b of this section shall apply only to deaths  occurring  after  the  date  on  which  said paragraph  three  becomes  operative  and  prior to July first, nineteen hundred seventy-four.   4.  Notwithstanding  any  other  provision  of   this   article,   the requirement  of  one  or more years of credited service, as set forth in paragraph two  of  this  subdivision,  shall  be  deemed  to  have  been satisfied  by  any  member  who  has  credit for three or more months of service rendered since last becoming a member. The  provisions  of  this paragraph  shall  apply  only  to deaths occurring after June thirtieth, nineteen  hundred  seventy  and  before  July  first,  nineteen  hundred seventy-five.   5.  Notwithstanding  any  other  provision  of this article, the death benefit payable pursuant to paragraph two of this subdivision  shall  be increased  by  the excess, if any, of the greater of a or b over the sum of c and d, where a, b, c and d are as set forth hereunder:   a. One-twelfth of the member's compensation multiplied by  the  number of years, not to exceed thirty-six, of his total credited state service.   b.  The  lesser  of  three  times  the member's compensation or twenty thousand dollars.   c. The death benefit which,  in  accordance  with  the  provisions  of paragraph  two of this subdivision, is payable in addition to the return of accumulated contributions.   d. The reserve for increased-take-home-pay.   The term "compensation", as used in this subparagraph, shall mean  (1) in  the case of a member who has credit for one or more years of service rendered since last becoming a member, the compensation earned  by  such member  during his last twelve months of service, and (2) in the case of a member who has credit for less than one year of service rendered since last becoming a member, it shall mean his annual rate of compensation at the time of his death. The provisions of this paragraph shall apply only to deaths occurring after June thirtieth, nineteen hundred  seventy  and before  July  first, nineteen hundred seventy-five. The additional death benefits payable hereunder shall be construed  as  being  payable  under paragraph  two of this subdivision for the purpose of computing benefits payable under paragraph three of this subdivision.   c. The member or, within ninety  days  after  his  death,  the  person nominated by him to receive any benefit payable on his account, may file with   the  retirement  board  a  written  designation,  duly  executed, providing that such benefit shall be paid in the form of an  annuity  to the  person  so  nominated.  Such  annuity  shall  be  determined as the actuarial equivalent of the benefit otherwise payable, on the  basis  of the  interest  rate  and  the mortality tables adopted by the retirement board for use in the calculations of such annuities. Such annuity  shall be  payable  throughout  the  life  of  the person so nominated, with no payments at his death unless the member or, within ninety days after his death, the person nominated by him to receive his benefit,  shall  elect to  have  the actuarial equivalent of such annuity paid in the form of a reduced annuity payable for life with the provision 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. Such designation of a  beneficiary  to receive such benefit may be made or changed at any time by the person who  made  it.  Such  election  or  change  shall  be  made  by  written designation  duly  executed  and  filed  with  the   retirement   board. Notwithstanding  the foregoing provisions, the retirement board reserves the right to pay any benefit in the form of a lump sum  payment  if  the annuity  determined as the actuarial equivalent of the benefit otherwise payable is less than one hundred dollars per month.   d. 1. The retirement board may adopt rules and  regulations  providing that a trustee of an inter vivos or testamentary trust shall be eligible to  be nominated to receive a lump sum benefit pursuant to subdivision b of this section.   2. Any proceeds received by a trustee under this section shall not  be subject to the debts of the member or to transfer or estate taxes to any greater  extent  than if such proceeds were payable to the beneficiaries named in the trust and not to the estate of the member.   3. A payment made in  good  faith  under  this  section  to  either  a designated  trustee  of  an inter vivos trust, a successor trustee of an inter vivos trust who provides a copy of his appointment or a trustee of successor trustee of a testamentary trust who provides  a  copy  of  the letters  of  trusteeship  shall be a complete discharge to the system to the extent of the payment.   4. If no qualified trustee claims the proceeds within eighteen  months after  the death of the member, or if satisfactory evidence is furnished within such period showing that there  is  or  will  be  no  trustee  to receive  the  proceeds,  payment  shall be made to the deceased member's estate.   e. Notwithstanding any other provision of law, a member  with  ten  or more  years  of  credited  service  in  such  system  who  dies before a retirement benefit becomes payable and who is otherwise not entitled  to a  death benefit from the retirement system shall be deemed to have died on the last day that he or she was in service  upon  which  his  or  her membership  was  based  for purposes of eligibility for the payment of a death benefit pursuant to the provisions  of  this  section.  The  death benefit  payable in such case shall be one-half of that which would have been payable had such member died on  the  last  day  that  service  was rendered.   f. Notwithstanding the provisions of any other law to the contrary and solely  for the purpose of determining eligibility for the death benefit payable pursuant to this section, a person subject to this section shall be considered to have died  while  in  teaching  service  provided  such person  was  in such service 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  person  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 servicers 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.   g. Notwithstanding any other provision of law  to  the  contrary,  any member  of  the retirement system subject to article fourteen or fifteen of the retirement and social security law  who  has  permanently  ceased teaching  shall  have  the  right  to  elect  the  return  of his or her accumulated contributions and thereby terminate his or her membership in the retirement system without regard to the amount of service to his  or  her  credit,  provided  a  public  employee retirement system in another state has certified in a manner satisfactory to  the  system  that  such member  is  a  member of such other retirement system, has at least five years  of  retirement credit in such other system, and is eligible, upon the termination of his or  her  membership  in  the  system,  to  obtain retirement  credit in such other retirement system for the service which has been credited to his or her membership in the system. Upon refund of such  accumulated  contributions,  any  and  all  obligations   of   the retirement  system  to  such  member  shall  be  totally discharged. The retirement board is authorized to adopt such rules  and  regulations  as may be necessary to implement this subdivision.   * h.  1. Notwithstanding any other provision of this article or of any general, special or local law  to  the  contrary,  and  solely  for  the purpose  of  determining  eligibility  for  benefits under this section, where:  (A) a member reported in person to such member's usual place of public employment at the direction of such member's public employer or  to  any alternate  worksite  as  directed  by  such public employer, on or after March first, two thousand twenty, provided that such alternate  worksite was not such member's home or residence;  (B)  such  member  contracted  COVID-19  within  forty-five days after reporting to work as described in subparagraph (A) of this paragraph  as confirmed  by a positive laboratory test or as diagnosed before or after such member's death by a licensed, certified, registered  or  authorized physician,  nurse  practitioner,  or  physician's assistant currently in good standing in any state or the District of Columbia, or a  physician, nurse  practitioner,  or physician's assistant authorized to practice in New York by executive  order  during  the  declared  COVID-19  state  of emergency; and  (C)  such member died on or before December thirty-first, two thousand twenty, and COVID-19 caused or contributed to such  member's  death,  as documented  on  such  member's  death  certificate, or as certified by a physician, nurse practitioner, or  physician's  assistant  described  in subparagraph  (B)  of  this  paragraph  who determines with a reasonable degree of medical certainty that COVID-19 caused or contributed  to  the member's  death,  such  member's  statutory beneficiary shall receive an accidental death benefit, unless such statutory  beneficiary  elects  to receive an ordinary death benefit.   2.  Any amount payable as a result of this section shall be reduced by any amount paid by such member's retirement system to any  recipient  of ordinary death benefits under this article.   3.  (A)  Notwithstanding  any  provision  of  this  article  or of any general, special or local law  to  the  contrary,  and  solely  for  the purpose  of  determining  eligibility  for  benefits under this section, where a member:  (i) retired from his or her retirement system on or after March first, two thousand twenty, and before July first, two thousand twenty;  (ii) on or after March first, two thousand twenty, reported in  person to  such  member's  usual place of public employment at the direction of such member's public employer or to any alternate worksite  as  directed by  such  public employer, provided that such alternate worksite was not such member's home or residence;  (iii) contracted COVID-19 within forty-five days after any  such  date of  reporting  to  work in person, as confirmed by a positive laboratory test or as diagnosed before or after such member's death by a  licensed, certified,  registered  or  authorized physician, nurse practitioner, or physician's assistant currently in good standing in  any  state  or  the District of Columbia, or a physician, nurse practitioner, or physician's  assistant  authorized  to practice in New York by executive order during the declared COVID-19 state of emergency; and  (iv) such member died on or before December thirty-first, two thousand twenty,  and  COVID-19  caused or contributed to such member's death, as documented on such member's death certificate,  or  as  certified  by  a physician,  nurse  practitioner,  or  physician's assistant described in clause (iii) of this  subparagraph  who  determines  with  a  reasonable degree  of  medical certainty that COVID-19 caused or contributed to the member's death, such member's statutory  beneficiary  shall  receive  an accidental death benefit if such statutory beneficiary elects conversion of  the  member's  service  or  disability  retirement  benefit  into an accidental death benefit.  (B)  Such  member's  statutory  beneficiary,  as  defined  under  this article,  for  purposes  of  accidental death benefits payable from such member's retirement system under this article, may, within  ninety  days of  such  member's  retirement  or September first, two thousand twenty, whichever is later, apply to such member's retirement system to  request the conversion of such member's service or disability retirement benefit into  an  accidental death benefit. For purposes of the salary base upon which the accidental death benefit is calculated, such member  shall  be deemed to have died on the date of such member's retirement. At the time of  such  conversion,  such  statutory  beneficiary shall relinquish all rights  to  the  prospective  benefits  payable  under  the  service  or disability  retirement  statute,  including  any  post-retirement  death benefits, since such member's death. If the statutory beneficiary is not the only beneficiary receiving or entitled to receive  a  benefit  under the service or disability retirement statute, including, but not limited to,  a post-retirement death benefit or benefit paid or payable pursuant to the member's option selection, the accidental death benefit  payments to  the  statutory  beneficiary  will  be reduced by any amounts paid or payable to any other statutory beneficiary.   4. In  order  to  be  eligible  for  the  benefit  described  in  this subdivision,  the applicable retirement system or systems are authorized to  promulgate  rules  and  regulations  to  administer   this   benefit including,  but  not  limited  to,  requiring  a  statement  to be filed confirming the member contracted COVID-19 and the dates and locations of the member's employment.   * NB There are 2 sb h's   * NB Repealed December 31, 2020   * h. 1. Notwithstanding any other provision of this article or of  any general,  special  or  local  law  to  the  contrary, and solely for the purpose of determining eligibility  for  benefits  under  this  section, where:  (A) a member reported in person to such member's usual place of public employment  at  the direction of such member's public employer or to any alternate worksite as directed by such  public  employer,  on  or  after March  first, two thousand twenty, provided that such alternate worksite was not such member's home or residence;  (B) such member  contracted  COVID-19  within  forty-five  days  after reporting  to work as described in subparagraph (A) of this paragraph as confirmed by a positive laboratory test or as diagnosed before or  after such  member's  death by a licensed, certified, registered or authorized physician, nurse practitioner, or  physician's  assistant  currently  in good  standing in any state or the District of Columbia, or a physician, nurse practitioner, or physician's assistant authorized to  practice  in New  York  by  executive  order  during  the  declared COVID-19 state of emergency; and  (C) such member died on or before December thirty-first, two  thousand twenty-two,  and  COVID-19 caused or contributed to such member's death, as documented on such member's death certificate, or as certified  by  a physician,  nurse  practitioner,  or  physician's assistant described in subparagraph  (B)  of  this  paragraph  who determines with a reasonable degree of medical certainty that COVID-19 caused or contributed  to  the member's  death,  such  member's  statutory beneficiary shall receive an accidental death benefit, unless such statutory  beneficiary  elects  to receive an ordinary death benefit.   2.  Any amount payable as a result of this section shall be reduced by any amount paid by such member's retirement system to any  recipient  of ordinary death benefits under this article.   3.  (A)  Notwithstanding  any  provision  of  this  article  or of any general, special or local law  to  the  contrary,  and  solely  for  the purpose  of  determining  eligibility  for  benefits under this section, where a member:  (i) retired from his or her retirement system on or after March first, two thousand twenty, and before July first, two thousand twenty;  (ii) on or after March first, two thousand twenty, reported in  person to  such  member's  usual place of public employment at the direction of such member's public employer or to any alternate worksite  as  directed by  such  public employer, provided that such alternate worksite was not such member's home or residence;  (iii) contracted COVID-19 within forty-five days after any  such  date of  reporting  to  work in person, as confirmed by a positive laboratory test or as diagnosed before or after such member's death by a  licensed, certified,  registered  or  authorized physician, nurse practitioner, or physician's assistant currently in good standing in  any  state  or  the District of Columbia, or a physician, nurse practitioner, or physician's assistant  authorized  to practice in New York by executive order during the declared COVID-19 state of emergency; and  (iv) such member died on or before December thirty-first, two thousand twenty, and COVID-19 caused or contributed to such  member's  death,  as documented  on  such  member's  death  certificate, or as certified by a physician, nurse practitioner, or  physician's  assistant  described  in clause  (iii)  of  this  subparagraph  who  determines with a reasonable degree of medical certainty that COVID-19 caused or contributed  to  the member's  death,  such  member's  statutory beneficiary shall receive an accidental death benefit if such statutory beneficiary elects conversion of the  member's  service  or  disability  retirement  benefit  into  an accidental death benefit.  (B)  Such  member's  statutory  beneficiary,  as  defined  under  this article, for purposes of accidental death  benefits  payable  from  such member's  retirement  system under this article, may, within ninety days of such member's retirement or September  first,  two  thousand  twenty, whichever  is later, apply to such member's retirement system to request the conversion of such member's service or disability retirement benefit into an accidental death benefit. For purposes of the salary  base  upon which  the  accidental death benefit is calculated, such member shall be deemed to have died on the date of such member's retirement. At the time of such conversion, such  statutory  beneficiary  shall  relinquish  all rights  to  the  prospective  benefits  payable  under  the  service  or disability  retirement  statute,  including  any  post-retirement  death benefits, since such member's death. If the statutory beneficiary is not the  only  beneficiary  receiving or entitled to receive a benefit under the service or disability retirement statute, including, but not limited to, a post-retirement death benefit or benefit paid or payable  pursuant to  the member's option selection, the accidental death benefit payments  to the statutory beneficiary will be reduced  by  any  amounts  paid  or payable to any other statutory beneficiary.   4.  In  order  to  be  eligible  for  the  benefit  described  in this subdivision, the applicable retirement system or systems are  authorized to   promulgate   rules  and  regulations  to  administer  this  benefit including, but not  limited  to,  requiring  a  statement  to  be  filed confirming the member contracted COVID-19 and the dates and locations of the member's employment.   * NB There are 2 sb h's   * NB Repealed December 31, 2022