NY Ret & SS L § 77 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 8 - General Provisions Relating to Retirement; Retirement Plans Applicable to Members Generally 77 - Deferred Applications for Retirement.

§  77.  Deferred  applications for retirement.   Notwithstanding other   provisions of this chapter and of the rules and regulations  established   pursuant  thereto, or any provisions of law to the contrary, a member of   the retirement system, who is entitled  to  a  retirement  allowance  by   reason of having reached retirement age or by reason of having completed   the  requisite  number  of  years of accredited service to qualify for a   retirement allowance, may file with  the  retirement  system  a  written   application  for  retirement  in the form required for such application,   but requesting that such retirement shall become  effective  as  of  the   time  of  his  death, electing one of the options provided under section   ninety of this chapter and nominating a beneficiary under said option as   provided therein. In all such cases, the application shall  be  held  by   the  retirement  system  until the member shall file a later application   for retirement or until the death  of  the  member  occurring  while  in   service,  at  which  time his retirement shall become effective with the   same benefits to the  designated  beneficiary  as  if  such  member  had   retired on the day immediately preceding his death.If  the  beneficiary  nominated under section ninety should predecease   the  member  prior  to  his  retirement,  the  member  may  name  a  new   beneficiary  in accordance with the provisions of section ninety. If the   member fails  to  nominate  a  new  beneficiary,  the  benefits  payable   hereunder shall be paid to the beneficiary nominated by the member under   the provisions of section sixty of this article.In  the event that such a member does not file such an application for   retirement in the form required by subdivision a of section seventy-four   of this article, or does file such an application and sets forth a  date   as  of  which  he desires to be retired, but such member dies before the   effective date of such retirement, he shall be deemed to have retired on   the day immediately preceding his death. If the member has not  filed  a   form  selecting  an  option  under  which  he  desired to be retired, as   provided by subdivision c of section ninety of this article, he shall be   considered as having elected to retire under option one as set forth  in   section ninety of this article. If at the time of his death there is not   on file such a nomination of a beneficiary to receive the benefits under   option  one,  such  benefits shall be paid to the beneficiary designated   under section sixty of  this  article.  Alternatively,  the  beneficiary   hereunder  may  elect  to  receive  the  ordinary  death benefit and the   reserve for increased take-home pay provided by section  sixty  of  this   article,  plus  the  return  of  the  member's accumulated contributions   provided by section fifty-one of this article, plus loan  insurance,  if   any, provided by section fifty of this article.The  provisions of this section and the privileges accorded hereunder,   shall apply only in those cases where death  occurs  on  or  after  July   first,  nineteen  hundred  sixty-two  and  on  or before June thirtieth,   nineteen hundred sixty-three.