NY Ret & SS L § 360-B (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-B - Guaranteed Ordinary Death Benefit for Participating Employers.

§   360-b.   Guaranteed   ordinary  death  benefit  for  participating employers.   (a) Pursuant to the provisions  of  section  three  hundred thirty-three  of  this  article,  a  participating employer may elect to provide a guaranteed ordinary death benefit upon the death in service of its employees who (i) meet all of  the  requirements  of  section  three hundred  sixty of this title except that contained in paragraph three of subdivision (a) thereof, and (ii) last entered or reentered  the  employ of  a  participating  employer  prior  to  April first, nineteen hundred eighty-five, and were in such employ  on  March  thirty-first,  nineteen hundred  eighty-five,  and  (iii)  last  joined  or  rejoined  a  public retirement system of the state or a  municipality  thereof  before  July first,  nineteen  hundred  seventy-three,  and (iv) had not attained age sixty at the date of such  entrance  into  such  service,  and  (v)  had rendered  ninety  or  more  days of continuous service in the service of such participating employer during the fifteen month period  immediately preceding  death.  For the purposes of this section an employee who dies while off the payroll shall be considered to be in service  provided  he or  she  (1) 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,  (2)  had  not  been otherwise  gainfully  employed  since  he  or  she  ceased to be on such payroll and (3) 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.  (b) The guaranteed ordinary death benefit provided under this  section to   the   beneficiary  of  such  employee  shall  be  three  times  the compensation earnable by him during his last twelve months of service as a member, raised to the next higher multiple of  one  thousand  dollars, but  in  no  event  greater  than  twenty  thousand  dollars. Where such employee dies before rendering one year of service,  the  death  benefit pursuant  to this section shall be three times the compensation that the member would have earned had he worked for twelve months  prior  to  the date  of  his  death, raised to the next higher multiple of one thousand dollars, but in no event greater than twenty thousand dollars.  (c) The beneficiary  shall  receive  the  benefits  provided  by  this section  or  those  provided  by  section  three  hundred  sixty of this article, whichever are greater.  (d) The provisions of this section shall apply in the  case  of  death occurring  on or after this section becomes law and prior to July first, nineteen hundred seventy-four.