NY Ret & SS L § 60-A (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-A - Guaranteed Ordinary Death Benefit Payable Upon Death of State Employees.

§  60-a. Guaranteed ordinary death benefit payable upon death of state   employees. a. Upon the death in service of  a  member  who  was  in  the   employ  of the state on March thirty-first, nineteen hundred sixty-nine,   and whose beneficiary  was  eligible  for  the  ordinary  death  benefit   pursuant  to  section sixty of this chapter, or would have been eligible   had the state employee had one year or more of service, such beneficiary   shall receive an ordinary death  benefit  payable  pursuant  to  section   sixty,  or,  in lieu of such ordinary death benefit, the benefit payable   pursuant to this section, whichever is greater.aa. Upon the death in service of a member on  or  after  April  first,   nineteen hundred seventy, who (1) entered or reentered the employ of the   state after March thirty-first, nineteen hundred sixty-nine and prior to   April  first,  nineteen  hundred  eighty-five, and was in such employ on   March thirty-first, nineteen hundred eighty-five, (2) had  not  attained   age  sixty  at  the  date  of  such  entrance into such service, (3) had   rendered ninety or more days of  continuous  state  service  during  the   fifteen  month  period  immediately  preceding death, (4) last joined or   rejoined a public retirement system  of  the  state  or  a  municipality   thereof before July first, nineteen hundred seventy-three, and (5) whose   beneficiary  was  eligible  for  the  ordinary death benefit pursuant to   section sixty of this chapter, or  would  have  been  eligible  had  the   employee  had  one year or more of state service, such beneficiary shall   receive an ordinary death benefit payable pursuant to section  sixty  of   this  chapter,  or,  in lieu of such ordinary death benefit, the benefit   payable pursuant to this section, whichever is greater.b. The guaranteed ordinary death benefit provided under  this  section   to  such a beneficiary shall be three times the compensation earnable by   the state employee 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 a member dies before   rendering one year of  service,  the  death  benefit  pursuant  to  this   subdivision  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. 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 at least one year 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.d. The provisions of this section shall apply in any case where  death   occurs  on  or after the date this section becomes law and prior to July   first, nineteen hundred seventy-four.