NY Ret & SS L § 656 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 17 - Survivors Benefits 656 - Managerial/confidential Survivor's Benefit.

§  656.  Managerial/confidential  survivor's  benefit.  1. a. The term   "managerial/confidential employee" as used in this section shall mean  a   full time employee or officer in the executive branch of the state whose   position  has  been  designated  managerial  or confidential pursuant to   article fourteen of the  civil  service  law,  an  employee  covered  by   section  nineteen of the correction law, an employee in the professional   service in  the  state  university  who  is  designated,  stipulated  or   excluded from negotiating units as managerial or confidential as defined   pursuant  to  article  fourteen  of  the  civil service law, an employee   covered by paragraph (a) of  subdivision  one  of  section  two  hundred   fifteen   of   the   executive   law  or  who  has  been  excluded  from   representation  rights  under  such  article  pursuant  to   rules   and   regulations  of  the  public  employment  relations  board,  or who is a   civilian state employee of the division of military and naval affairs in   the executive department whose position is not in, or is  excluded  from   representation  rights  in, any recognized or certified bargaining unit,   and whose salary is paid directly by the state, judges and  justices  of   the  unified  court  system  and  nonjudicial  employees  thereof not in   collective negotiating units. Managerial/confidential employees  may  be   considered  state  employees  for  the  purposes  of section six hundred   fifty-five of this article  provided,  however,  an  employee  shall  be   eligible  for  the  greater  of the benefits afforded by this section or   section six hundred fifty-five of this article and  shall  in  no  event   receive benefits pursuant to both such sections.b. "Full time" as used in this section shall mean employment on a work   schedule of at least twenty hours per week and at a rate of salary of at   least that of the hiring rate of the M/C-3 pay grade or equivalent.2.  A  survivor's  benefit  shall  be  payable  upon  the  death  of a   managerial/confidential    employee    who    has    served     as     a   managerial/confidential  employee  for  thirty or more days exclusive of   days of leave and dies before the effective date of retirement  provided   that such employee:a.  Was on the state payroll as a managerial/confidential employee for   thirty or more days of the sixty days immediately prior to  his  or  her   death, orb.  Had  at  least  one  year  of service as a managerial/confidential   employee and died while on the payroll following his or her return  from   an authorized leave of absence, orc.  Had  at  least  one  but  less  than  five  years  of service as a   managerial/confidential employee since last entering state  service  and   died  while off the payroll and while on an authorized leave of absence,   provided such person was not otherwise gainfully employed since  ceasing   to  be  on  the state payroll, and provided such person was on the state   payroll as a managerial/confidential employee within six months prior to   his or her death, ord. Had five or more years  of  service  as  a  managerial/confidential   employee  since  last  entering  state  service  and  died while off the   payroll and while on an  authorized  leave  of  absence,  provided  such   person  was  not otherwise gainfully employed since ceasing to be on the   state payroll, and provided such person was on the state  payroll  as  a   managerial/confidential  employee  within  one  year prior to his or her   death.e. For the purpose of determining eligibility for benefits under  this   section,  previous  service  rendered  as  an  employee  in  a  position   designated as managerial or confidential pursuant to article fourteen of   the civil service law of an authority or  commission  established  under   the  public  authorities  law  shall  be credited to a state employee as   state service, provided such authority or commission has in  effect,  at    the time of death of such 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 authority  or  commission   employees toward eligibility for such survivor's benefit.f.  For  the  purposes  of this subdivision, a managerial/confidential   employee holding a position having  an  annual  salary  payable  over  a   period  of  less  than  twelve  months  shall be considered to be on the   payroll during any period in which he or she would otherwise be  on  the   payroll  if  the  annual salary of that position were paid over the full   twelve months. For purposes of paragraphs c and d of  this  subdivision,   an  employee  shall not be deemed to have been gainfully employed solely   on account of the performance of military duty in any  capacity  in  the   armed  forces  of  the United States or of any reserve thereof or in the   national guard.Notwithstanding the provisions of any other law to  the  contrary  and   solely  for  the  purpose  of  determining  eligibility  for a survivors   benefit, a member shall be considered to have died while  on  the  state   payroll  provided  such member was on such payroll 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.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.3. The survivor's benefit shall be payable from the survivor's benefit   fund established pursuant to subdivision seven of  section  six  hundred   fifty-five  of  this  article. The survivor's benefit shall be an amount   which when added to the ordinary death benefit provided under any public   pension plan to  which  the  deceased  managerial/confidential  employee   belonged,    equals   the   annual   rate   of   compensation   of   the   managerial/confidential employee as of the date he or she  was  last  on   the  payroll  prior  to  death;  provided, however, that such survivor's   benefit, when added to any ordinary death benefit payable from a  public   pension  plan  to  which  such  employee  belonged, shall not exceed the   lesser of fifty thousand  dollars  or  if  the  ordinary  death  benefit   payable  is  reduced  due to the age of a member five times the ordinary   death benefit for which the employee is eligible or, if no such  benefit   is  payable,  would  have  been eligible had he or she remained in state   service for one year.  Any  benefit,  other  than  an  accidental  death   benefit,  payable by a public pension plan in lieu of the ordinary death   benefit shall, for the purposes of this section,  be  deemed  to  be  an   ordinary death benefit.4.  The survivor's benefit payable under this section shall be paid to   such person or persons as  the  managerial/confidential  employee  shall   have  last  nominated  to  receive  the  ordinary  death  benefit 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 the    department of audit and control and filed with the department or  agency   in  which  such  employee was last employed prior to death. 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 state employee or as provided in  section  thirteen   hundred ten of the surrogate's court procedure act.5.  Notwithstanding  any other provisions of this section, in the case   of a managerial/confidential employee on  whose  account  an  accidental   death  benefit  is  payable  from  a  public  pension  plan to which the   employee belonged, and regardless  of  the  length  of  service  of  the   deceased employee, the survivor's benefit shall be five thousand dollars   and  shall  be  payable  to  the  person  or persons first receiving the   accidental death benefit.6. If the survivor's benefit  is  paid  for  a  deceased  employee  or   officer  whose  salary  or  compensation  is  paid  from  a  special  or   administrative fund other than the general fund or other than an  income   fund  of  the state university or other than the mental hygiene services   fund, the cost of such benefit shall be charged against such other  fund   or funds.  If the amounts appropriated or allocable from such special or   administrative  fund  or  funds  are  insufficient for such purpose, the   director of the budget may allocate such additional sums from such  fund   or  funds  as  may  be  necessary  therefor;  provided  however, that no   transfer shall be made between two or more of such funds.  Such  amounts   shall  be  paid  at such times as required, to the state comptroller and   shall be credited to the survivor's benefit fund.7. 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 of managerial/confidential employees. The state   comptroller may enter into agreements with  other  agencies  to  perform   such  duties  as  may  be  necessary to implement the provisions of this   section.8.   The   provisions    of    this    section    shall    apply    to   managerial/confidential  employees  who  die  on or after October first,   nineteen hundred eighty  and  on  or  before  June  thirtieth,  nineteen   hundred eighty-one.