NY Ret & SS L § 657 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 17 - Survivors Benefits 657 - Survivor's Benefit for Retired State Employees.

§ 657. Survivor's benefit for retired state employees.  1. a. The term   "retired  state  employee"  as  used in this section shall mean a former   employee or officer of the state (1) who while in state service  retired   for  any  cause  from any retirement system or pension plan supported by   funds of the state other than the state university  optional  retirement   program  of  article  eight-B  of  the  education  law  or the education   department optional retirement program of article three, part V, of  the   education  law,  or (2) who while in state service retired for any cause   from either or both such optional retirement programs provided he or she   had thereupon attained age  fifty-five,  or  (3)  who  terminated  state   service  for  any cause on or after the attainment of age sixty-two; and   who, at the time he or she retired pursuant to subparagraph one  or  two   of  this  paragraph or terminated service pursuant to subparagraph three   of this paragraph, had ten or more years of full time service as a state   employee, provided that the ten years' full time service were within the   last fifteen years prior to such retirement or termination. For purposes   of this section, no person shall  be  deemed  to  be  or  have  been  an   employee  or officer of the state or in the state service for any period   during which his or her salary was  not  paid  directly  by  the  state,   except  a  person employed in an institution specified in paragraph b of   this subdivision or a person employed  in  an  authority  or  commission   specified in paragraph c of this subdivision.b.  For  all  purposes  of  this  section alone, the state colleges of   agriculture,  home  economics,  industrial  and  labor  relations,   and   veterinary  medicine,  the  state  agricultural  experiment  station  at   Geneva, and any other institution or agency  under  the  management  and   control  of  Cornell  university,  as the representative of the board of   trustees of the state university of New York, and the state  college  of   ceramics  under  the management and control of Alfred university, as the   representative of the board of trustees of the state university  of  New   York shall be deemed to be the state.c.  For the purpose of determining eligibility for benefits under this   section, previous service rendered as an employee  of  an  authority  or   commission  established  under  the  public  authorities  law  shall  be   credited to a retired state employee as  state  service,  provided  such   authority or commission has in effect, at the time of retirement of such   retired  employee,  a  provision  for  a  survivor's  benefit  which  is   substantially equivalent to that provided in this section and  in  which   previous  state  service  is  credited  to  retired authority or retired   commission employees toward eligibility for such survivor's benefit.d. For the purpose of determining eligibility for benefits under  this   section,  no  retired state employee who retired prior to October first,   nineteen hundred sixty-six shall  be  eligible  for  benefits  hereunder   unless  such  retiree  is  a  pensioner  of the New York state and local   employees' retirement system or the New York state and local police  and   fire retirement system.2.  The  amount  of a survivor's benefit under this section shall be a   lump sum of two thousand dollars, except  that  where  a  retired  state   employee  dies  while reemployed as provided in subdivision four of this   section or dies within thirty  days  following  retirement  pursuant  to   subdivision  one  of  this section, the amount of the survivor's benefit   under this section, if any, shall  be  two  thousand  dollars  less  any   ordinary   death  benefit,  exclusive  of  any  ordinary  death  benefit   attributable  to  the  reserve-for-increased-take-home-pay,  payable  on   account  of  the  death  of  such  employee under a retirement system or   pension plan supported by funds of the state.3. In addition to the benefit provided pursuant to subdivision two  of   this  section  an  additional  benefit  shall  be  provided on behalf of    retired state employees who  retire  or  terminate  their  services,  as   defined  by  subdivision  one  of this section, on or after April first,   nineteen hundred seventy,  except,  however,  such  additional  benefits   shall  be provided on behalf of retired state employees who were members   of the state police in  a  collective  negotiating  unit  consisting  of   commissioned  officers  established  pursuant to article fourteen of the   civil service law who retire or terminate their services, as defined  by   subdivision  one  of  this  section,  on  or after April first, nineteen   hundred seventy-one, and on behalf of retired state employees  who  were   members  of the state police in a collective negotiating unit defined in   the  certification  of  the  public  employment  relations  board  dated   December  twenty-ninth,  nineteen hundred seventy in case numbers C-0570   and C-0575 established pursuant to article fourteen of the civil service   law who retire or terminate their services, as  defined  by  subdivision   one  of  this  section,  on  or  after  April  first,  nineteen  hundred   seventy-two, of one thousand dollars, except  that  where  such  retired   state  employee dies while reemployed as provided in subdivision five of   this section or dies within thirty days following retirement pursuant to   subdivision one of this section, the amount of  the  survivor's  benefit   under  this  section,  if  any, shall be three thousand dollars less any   ordinary  death  benefit,  exclusive  of  any  ordinary  death   benefit   attributable  to  the  reserve-for-increased-take-home-pay,  payable  on   account of the death of such  employee  under  a  retirement  system  or   pension  plan  supported by funds of the state in lieu of the survivor's   benefits specified in subdivision two of this section.4. A survivor's benefit under this section shall not be payable in any   case in which a survivor's benefit is payable pursuant  to  section  six   hundred fifty-five of this chapter.5.  The eligibility for survivor's benefit protection provided by this   section of a retired state  employee  who  subsequently  reenters  state   service,  or  enters  the  service  of  a  participating  employer  of a   retirement system or pension plan supported by funds of the state, shall   continue but only until such employee  attains  eligibility  either  for   coverage  under  the  survivor's benefit program provided by section six   hundred fifty-five of this article or for payment of an  ordinary  death   benefit of two thousand dollars or more, exclusive of any ordinary death   benefit attributable to the reserve-for-increased-take-home-pay, payable   on  account of the death of such employee under such a retirement system   or pension plan. Each time such employee leaves state  service,  or  the   service  of  such  a  participating  employer, and loses the eligibility   attained following such entry or  reentry,  such  employee  shall  again   become  eligible  for  payment  of a survivor's benefit provided by this   section.6. The survivor's benefit payable under this section shall be paid  to   such  person  or  persons  as the retired state employee shall have last   nominated  to  receive  benefits  under  a  retirement  option  of   the   retirement  system  or  pension  plan supported by funds of the state of   which such employee last became a member, or if such  employee  did  not   nominate  such a beneficiary, or if such beneficiary has died, or if the   employee was not a member of such a retirement system or  pension  plan,   to  the  person last specifically designated by such employee to receive   the survivor's benefit under this section on a form  prescribed  by  and   filed  with  the  state  comptroller.  In  the  event  such a designated   beneficiary does not survive such employee, or if a beneficiary was  not   designated, the survivor's benefit shall be payable to the estate of the   retired state employee or as provided in section thirteen hundred ten of   the surrogate's court procedure act. 7.  The  survivor's  benefit fund provided for by subdivision seven of   section six hundred fifty-five of this article shall be  the  fund  from   which  survivor's  benefit  payments  pursuant  to this section shall be   paid.8.  The  state  comptroller shall prescribe such regulations as may be   required for the effective  administration  and  implementation  of  the   provisions  of  this section including the establishment of criteria for   determining eligibility  for  payment  under  this  section.  The  state   comptroller may enter into agreement with other agencies to perform such   duties as may be necessary to implement the provisions of this section.9. a. Every state department or agency shall promptly inform the state   comptroller  of the retirement or termination, as defined by subdivision   one of this section, of  any  employee  on  whose  behalf  a  survivor's   benefit under this section may be payable. Such employer shall set forth   the  relevant  state  employment  record  of the employee and such other   information as is required by the form to be  prescribed  by  the  state   comptroller.b.  Every  public  retirement  system or pension plan within the state   shall promptly inform the state comptroller of the death of  any  member   on  whose behalf a survivor's benefit under this section may be payable.   Such system or plan shall set forth the name or names of the beneficiary   or beneficiaries, if any,  last  designated  by  the  member  under  any   retirement  option selected and such other information as is required by   the form to be prescribed by the state comptroller.10. A designated beneficiary of every retired state employee who filed   a designation of beneficiary form with the state comptroller  must  file   an application with the state comptroller for a survivor's benefit under   this section within six months after the death of such employee in order   to qualify for the survivor's benefit provided by this section. For good   cause shown, the state comptroller may waive this time requirement.11.  The  provisions  of  this  section  shall  apply to retired state   employees  who  retire  or  terminate  their  service,  as  defined   by   subdivision  one  of this section, on or before June thirtieth, nineteen   hundred seventy-four, provided, however, that nothing  herein  shall  be   deemed  to  apply  to  any  employee  who retired on or before September   thirtieth,  nineteen  hundred  sixty-six  and  who  died  prior  to  the   effective date of this subdivision.