2023 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 - Ordinary Death Benefit.

§  360.  Ordinary death benefit. a. An ordinary death benefit plus the
reserve-for-increased-take-home-pay shall be payable upon the death of a
member who:
1. Died before the effective date of his retirement, and
2. Was in service upon which his membership was based when he died  or
was  on  the  payroll in such service and paid within a period of twelve
months prior to his death or within a period of twenty-four months prior
to his death if on leave of absence as set forth below and  had,  unless
his  service  was  based  on  seasonal  employment,  not  been otherwise
gainfully employed since he ceased to be on such payroll except while on
leave of absence which was granted in accordance with the provisions  of
subdivision  i  of  section  three hundred forty-one of this chapter and
which commenced during the period from  April  first,  nineteen  hundred
sixty-six  through  June  thirtieth,  nineteen  hundred seventy-four, to
perform services as a  civilian  officer  or  employee  of  the  Federal
government  or  one of its agencies or a contractor of the United States
Agency for International Development engaged to perform the work of such
agency, the United Nations,  any  other  international  organization  of
which the United States of America is a member, or a foreign government,
and
3.  Has  credit  for  one  or  more  years of service while actually a
member.  This requirement of one or more years of service while actually
a member shall not  be  applicable  to  the  reserve-for-increased-take-
home-pay  and shall be subject to waiver as provided in subdivision e of
section three hundred forty-one of this article.
An ordinary death benefit shall not be payable in any case in which an
accidental death  benefit  is  payable  provided,  however,  that  where
payments  made  pursuant  to  section  three  hundred  sixty-one of this
chapter on account of an  accidental  death  benefit,  computed  without
reduction  pursuant to section three hundred sixty-four of this article,
and the reserve-for-increased-take-home-pay total less than the ordinary
death benefit and  the  reserve-for-increased-take-home-pay  that  would
have  been  computed  and  made  payable  pursuant to this section three
hundred sixty in the case of ordinary death,  the  difference  shall  be
paid  to  the beneficiary or member's estate to which the ordinary death
benefit and reserve-for-increased-take-home-pay would  have  been  paid.
Provided further, that where the beneficiary or beneficiaries designated
to  receive  the  accidental  death  benefit  pursuant  to section three
hundred  sixty-one  of  this  chapter  is  the   same   beneficiary   or
beneficiaries  designated  by  the  member to receive the ordinary death
benefit, then, and in that case the  beneficiary  or  beneficiaries  may
elect to receive, in a lump sum, the value of the ordinary death benefit
and  the  reserve-for-increased-take-home-pay,  if  any, that would have
been computed and made payable pursuant to the provisions hereof in case
of ordinary death, in lieu of any other benefit.
Notwithstanding the provisions of any other law to  the  contrary  and
solely  for the purpose of determining eligibility for an ordinary death
benefit and/or guaranteed ordinary death  benefit,  a  member  shall  be
considered  to  have  died  while  in  service  upon  which  his  or her
membership was based provided such member 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 with  the  armed  forces  of  the
United  States or to service in the uniformed services 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.
aa.  Notwithstanding the provisions of section three hundred ninety of
this article, an ordinary death benefit plus the  reserve-for-increased-
take-home-pay  shall be payable to the beneficiary designated in a valid
election of "Option One-half", if any, or  in  the  manner  provided  by
subdivisions c, d, or e of this section, in any other case, if a retired
member shall die where:
1. His application for retirement became effective prior to his death,
and
2. No optional election by him was in effect at the time of his death,
or  he  had  made  and  filed a valid election to receive his retirement
allowance without optional modification or under "Option One-half", and
3. He died within the period of  thirty  days  immediately  after  his
retirement became effective.
The  amount  of  the  ordinary  death  benefit  so  payable  under  this
subdivision shall be reduced by the amount of any pension  payment  that
may have been paid on account of such retirement.
The provisions of this subdivision shall apply in any case where death
occurred on or after January first, nineteen hundred fifty-four.
b.  The  ordinary  death  benefit plus the reserve-for-increased-take-
home-pay shall be  payable  from  the  pension  accumulation  fund.  The
ordinary  death  benefit  shall  not exceed the compensation earnable by
such member during his last twelve months of service while a member. The
amount thereof shall be computed  by  multiplying  one-twelfth  of  such
compensation  by the number of years, not to exceed twelve, of his total
service credit. Provided, however, that where the member has  more  than
twelve  years  of  total service credit and where his death occurs on or
after April first, nineteen hundred sixty-seven and on  or  before  June
thirtieth,  nineteen  hundred seventy-four, there shall be added to such
ordinary death benefit one-twenty-fourth of such compensation multiplied
by the number of years, not to exceed twenty-four, but exclusive of  the
first twelve, of his total service credit. Provided, further, that where
a  member,  qualified  under subdivisions a or aa of this section, would
have been entitled to a service retirement benefit at the  time  of  his
death  and  where  his  death  occurs  on or after April first, nineteen
hundred sixty-seven, and on or before June thirtieth,  nineteen  hundred
seventy-four,  the  amount  payable under this section shall be equal to
the pension reserve that would have  been  established  had  the  member
retired  on the date of his death, unless the ordinary death benefit and
the reserve-for-increased-take-home-pay, hereinabove provided for, shall
be in excess thereof.
In the case of a retired member who has  returned  to  service,  total
service  credit for purposes of this section only, shall include service
rendered prior to his or her retirement, provided that he or  she  shall
have rendered at least one year of service since he or she last became a
member  or  provided  he  or  she  shall  have  rendered since he or she
returned to public service one year of service during which  he  or  she
elected  pursuant  to  subdivision a of section four hundred one of this
article not to  be  restored  to  membership  in  the  police  and  fire
retirement  system.  The  member's  accumulated  contributions  shall be
refunded in accordance with  subdivision  d  of  section  three  hundred
fifty-one of this article.
bb. (a) An ordinary death benefit shall be payable upon the death of a
member who was in the employ of the state during its participation under
section   three   hundred   seventy-five-a  of  this  chapter  or  of  a

participating employer while such employer is  participating  under  the
provisions of section three hundred seventy-five-b of this chapter.
The  provisions  of  this subdivision bb shall apply in any case where
death occurred on or April first, nineteen hundred sixty-seven and prior
to July first, nineteen hundred seventy-four.
(b) The ordinary death benefit  shall  be  payable  from  the  pension
accumulation  fund.  Such  ordinary  death  benefit  shall  be  based on
compensation earnable by such member during his last  twelve  months  of
service  while  a  member.  The  amount  thereof  shall  be  computed by
multiplying one-twelfth of such compensation by the number of years, not
to exceed thirty-six, of his total service credit. Provided that where a
member qualified under subdivisions a and aa of this section would  have
been  eligible for service retirement at the time of his death and where
his death occurs on or after April first, nineteen  hundred  sixty-seven
and  prior  to  July  first,  nineteen  hundred seventy-four, the amount
payable under this section shall be equal to the  pension  reserve  that
would   have   been   established  pursuant  to  section  three  hundred
seventy-five-c had the member retired on the date of his  death,  unless
the  ordinary death benefit hereinabove provided for, shall be in excess
thereof. The benefit provided herein shall be in lieu  of  the  ordinary
death  benefit presently payable under other provisions of this chapter,
unless the benefit under such other provisions shall  be  in  excess  of
those  provided  for herein, in which event the greater benefit shall be
payable.
(c) In the case of a retired member who has returned to service, total
service credit, for purposes of this  subdivision  only,  shall  include
service  rendered  prior  to his retirement, provided that he shall have
rendered at least one year of service since he last became a member,  or
provided  he shall have rendered since he returned to public service one
year of service during which he elected pursuant  to  subdivision  a  of
section  four  hundred  one  of  this  article  not  to  be  restored to
membership  in  the  retirement   system.   The   member's   accumulated
contributions  shall  be  refunded  in  accordance with subdivision d of
section three hundred fifty-one of this article.
c. The ordinary  death  benefit  and  the  reserve-for-increased-take-
home-pay  shall  be  paid to the member's estate or to such person as he
shall have nominated to receive  such  ordinary  death  benefit.  To  be
effective,  such  a  nomination  must  be  in  the  form  of  a  written
designation, duly acknowledged and filed with the comptroller  for  this
specific  purpose.  In  the event such a designated beneficiary does not
survive him, or if he shall not have so designated a  beneficiary,  such
benefit  shall be payable to the deceased member's estate or as provided
in section one thousand three  hundred  ten  of  the  surrogate's  court
procedure act.
d.  The member, or on the death of the member, the person nominated by
him to receive his death benefit, may provide, by  written  designation,
duly  executed  and  filed with the comptroller, that such death benefit
and the reserve-for-increased-take-home-pay shall be paid in the form of
an annuity. Such designation shall be filed prior to  or  within  ninety
days  after the death of the member. The amount of such annuity shall be
determined as the actuarial equivalent of such death benefit and reserve
on the basis of the age of such beneficiary at the time of the  member's
death and regular interest.
e.  A  member,  or  after  his  death,  the person nominated by him to
receive his ordinary death benefit, may elect to receive  the  actuarial
equivalent  of the annuity specified in subdivision d of this section in
the form of a reduced  annuity,  payable  for  life,  with  the  further
proviso  that  if  the person so nominated should die before the annuity

payments received by him are equal to  such  actuarial  equivalent,  the
balance thereof shall be paid in a lump sum to such beneficiary's estate
or  to  such  person as such member or his nominee shall have designated
prior  to  his  death.  Such  election  shall be made prior to or within
ninety days after the  death  of  the  member.  Such  designation  of  a
beneficiary  to receive such lump sum may be made or changed at any time
by the person who made it. Such election, designation or change shall be
made by a writing duly executed and filed with the comptroller.  If  the
person  nominated to receive such lump sum does not survive the member's
beneficiary, such lump sum, if any, shall be payable to  the  estate  of
the  member's  beneficiary  or as provided in section one thousand three
hundred ten of the surrogate's court procedure act.
f. Special death benefit. Notwithstanding any provision  of  paragraph
three  of subdivision a of this section to the contrary, a special death
benefit shall be payable upon the death of an officer or member  of  the
state  police  who is subject to the provisions of section three hundred
eighty-one-b of this chapter, and who has credit for ninety or more days
of service while actually a member of the retirement system. In lieu  of
the  ordinary  death benefit payable pursuant to subdivisions b or bb of
this section, the special death benefit shall be payable upon the  death
of  an officer or member of the state police and shall be equal to three
times the member's compensation earnable during his last  twelve  months
of  service  as  a  member,  raised  to  the next higher multiple of one
thousand dollars.  If,  however,  the  ordinary  death  benefit  payable
pursuant  to  subdivision  b  or bb of this section upon the death of an
officer or member of the state police who had  been  in  service  on  or
before  April first, nineteen hundred sixty-nine would have exceeded the
special death benefit otherwise payable pursuant to this subdivision had
he not elected to come under the provisions  of  section  three  hundred
eighty-one-b,  the  special death benefit payable under this subdivision
shall be equal to that benefit which  he  would  have  received  had  he
remained  in  his  former plan. In no case shall the amount payable as a
special death benefit on behalf of an officer or  member  of  the  state
police  who  enters  or  re-enters  service  in the division after April
first, nineteen hundred  sixty-nine  exceed  three  times  the  member's
compensation  earnable  during  his  last  twelve months of service as a
member, raised to the next higher multiple of one thousand dollars.
g. 1. Notwithstanding any provision of paragraph three of  subdivision
a  of  this  section  to  the contrary and in lieu of the ordinary death
benefit payable pursuant to subdivisions b or bb of this section or  the
guaranteed  ordinary  death  benefit  payable  pursuant to section three
hundred sixty-a of this  article,  a  special  death  benefit  shall  be
payable  upon the death in service of a security services unit member or
parkway police unit member or security supervisors unit  member  who  is
subject to the provisions of this article, and who has credit for ninety
or  more  days  of  service  while  actually  a member of the retirement
system.
2. The special death  benefit  provided  under  this  section  to  the
beneficiary of such security services unit member or parkway police unit
member or security supervisors unit member shall be:
(a)  in  the case of a security services unit member or parkway police
unit member or security supervisors unit member who was employed by  the
state  on or before the date this act takes effect, equal to three times
the member's compensation earnable during  his  last  twelve  months  of
service as a member or, if he had not completed twelve months of service
prior  to  the  date of his death, three times the compensation he would
have earned had he worked for twelve  months  prior  to  such  date,  in
either  case raised to the next higher multiple of one thousand dollars.

If, however, the ordinary death benefit payable pursuant to  subdivision
b  or  bb  of  this  section  upon the death of such a security services
member or parkway police unit member or security supervisors unit member
would  have  exceeded the special death benefit payable pursuant to this
subdivision, the special death benefit payable in the event of the death
of such a member prior to July first, nineteen hundred seventy-one shall
be equal to  that  benefit  which  would  have  otherwise  been  payable
pursuant  to  subdivision  b  or  bb of this section notwithstanding any
provision of paragraph one of this subdivision to the contrary; or
(b) in the case of a security services unit member or  parkway  police
unit member or security supervisors unit member who enters service after
the  date  this  act  takes  effect,  equal  to three times the member's
compensation earnable during his last twelve  months  of  service  as  a
member or, if he has not completed twelve months of service prior to the
date of his death, three times the compensation he would have earned had
he worked for twelve months prior to such date, in either case raised to
the next higher multiple of one thousand dollars.
3.  For  the  purpose  of  this  subdivision:  (a) the terms "security
services unit member",  "parkway  police  unit  member",  and  "security
supervisors  unit member" shall mean a member in the employ of the state
in the collective negotiating unit designated as the  security  services
unit  or  parkway  police  unit or security supervisors unit established
pursuant to article fourteen of the civil service law; and
(b) the term "death in service" shall include  the  death  of  such  a
member  who dies while off the payroll provided he or she (i) 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, (ii) had  not  been  otherwise  gainfully
employed  since  he  or  she  ceased to be on such payroll and (iii) 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.
4. The provisions of this subdivision shall apply in  any  case  where
death  occurs  on  or  after  the date this subdivision takes effect and
prior to July first, nineteen hundred seventy-four.