NY Ret & SS L § 61 (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 61 - Accidental Death Benefit.

§ 61. 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   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 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, 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 in  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 accidential 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 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 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   widowhood. If he or she shall leave no widow or widower, or  if  his  or   her widow or widower shall die or remarry before all his or her children   shall have attained age eighteen or sooner die, then to2.  His  or  her child or children under age eighteen, 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 sooner die.  If  no  widow  or    widower  or  child  under age eighteen 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 selected.