NY Ret & SS L § 360 (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 - Ordinary Death Benefit.

§  360.  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  three hundred 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 three hundred 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  three  hundred  sixty-one of this chapter on account of an  accidental  death  benefit,  computed  without reduction  pursuant to section three hundred 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 three hundred 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 three hundred  sixty-one  of  this  chapter  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 active duty with  the  armed  forces  of  the United  States or to 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 three hundred 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 April first, nineteen hundred sixty-seven 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 April first, nineteen hundred sixty-seven, 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 or her retirement, provided that he or  she  shall have rendered at least one year of service since he or she last became a member  or  provided  he  or  she  shall  have  rendered since he or she returned to public service one year of service during which  he  or  she elected  pursuant  to  subdivision a of section four hundred one of this article not to  be  restored  to  membership  in  the  police  and  fire retirement  system.  The  member's  accumulated  contributions  shall be refunded in accordance with  subdivision  d  of  section  three  hundred 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   three   hundred   seventy-five-a  of  this  chapter  or  of  a  participating employer while such employer is  participating  under  the provisions of section three hundred seventy-five-b of this chapter.   The  provisions  of  this subdivision bb shall apply in any case where death occurred on or April first, nineteen hundred sixty-seven 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 April first, nineteen  hundred  sixty-seven 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  three  hundred 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  four  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 three hundred 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. Special death benefit. Notwithstanding any provision  of  paragraph three  of subdivision a of this section to the contrary, a special death benefit shall be payable upon the death of an officer or member  of  the state  police  who is subject to the provisions of section three hundred eighty-one-b of this chapter, and who has credit for ninety or more days of service while actually a member of the retirement system. In lieu  of the  ordinary  death benefit payable pursuant to subdivisions b or bb of this section, the special death benefit shall be payable upon the  death of  an officer or member of the state police and shall be equal to three times the member's compensation earnable during his last  twelve  months of  service  as  a  member,  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 an officer or member of the state police who had  been  in  service  on  or before  April first, nineteen hundred sixty-nine would have exceeded the special death benefit otherwise payable pursuant to this subdivision had he not elected to come under the provisions  of  section  three  hundred eighty-one-b,  the  special death benefit payable under this subdivision shall be equal to that benefit which  he  would  have  received  had  he remained  in  his  former plan. In no case shall the amount payable as a special death benefit on behalf of an officer or  member  of  the  state police  who  enters  or  re-enters  service  in the division after April first, nineteen hundred  sixty-nine  exceed  three  times  the  member's compensation  earnable  during  his  last  twelve months of service as a member, raised to the next higher multiple of one thousand dollars.   g. 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 three hundred 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 the 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 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.   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.