2023 New York Laws › RSS - Retirement and Social Security › Article 11 - Limitations Applicable to New Entrants › 448 - Death Benefits.

§  448.  Death  benefits.  a.  A  member of a retirement system who is
subject to the provisions of this article, exclusive  of  those  members
for  whom  provision  is made pursuant to subdivision b of this section,
shall, at the time of first becoming a member thereof, make an election,
which shall be irrevocable, for coverage for financial protection in the
event of death in service, between the two following benefits:
1. A benefit upon the death of  a  member  in  service  equal  to  one
month's  salary  for  each full year of service up to a maximum of three
years' salary upon the completion of thirty-six full years  of  service,
or  in  the  event  that  a member is eligible to retire without benefit
reduction pursuant to section four hundred forty-two of this article,  a
benefit  equal  to  the  pension  reserve, if any, which would have been
payable to such member had he entered prior to  the  effective  date  of
this article and died in service, subject to the benefit limitations set
forth  in  section  four  hundred  forty-four  of  this article, if this
alternative provides a greater benefit, or;
2. A benefit upon the death of  a  member  in  service  equal  to  the
member's  salary  upon his or her completion of one year of service, two
years' salary upon completion of two years of service, and three  years'
salary  upon  completion  of  three  years  of service. In the case of a
member of a retirement system other than the New  York  state  teachers'
retirement  system,  the New York city employees' retirement system, the
New York city board of education retirement system, the  New  York  city
teachers'  retirement  system,  the  New York state and local employees'
retirement system or the New  York  state  and  local  police  and  fire
retirement  system,  such  benefit  shall  be  subject  to the following
limitations:
(a)  If  the  member  last  joined  the  retirement  system  prior  to
attainment  of  age fifty-two, the maximum benefit shall be three years'
salary;
(b) If the member was age fifty-two when he or  she  last  joined  the
retirement  system,  the maximum benefit shall be two and one-half times
annual salary;
(c) If the member was age fifty-three when he or she last  joined  the
retirement system, the maximum benefit shall be two years' salary;
(d)  If  the  member was age fifty-four when he or she last joined the
retirement system, the maximum benefit shall be one and  one-half  times
annual salary;
(e) If the member was age fifty-five or older but under age sixty-five
when  he  or  she last joined the retirement system, the maximum benefit
shall be one year's salary; and
(f) If the member was age sixty-five or older  when  he  or  she  last
joined  the retirement system, the maximum benefit shall be one thousand
dollars.
In the case of a member of a retirement system other than the New York
state  teachers'  retirement  system,  the  New  York  city   employees'
retirement  system,  the  New  York  city  board of education retirement
system, the New York city teachers'  retirement  system,  the  New  York
state  and  local employees' retirement system or the New York state and
local police and fire retirement system, commencing upon  attainment  of
age sixty-one, the benefit otherwise provided pursuant to this paragraph
shall  be reduced while the member is in service to ninety per centum of
the benefit otherwise payable  and  each  year  thereafter  the  benefit
payable  shall  be reduced by an amount equal to ten per centum per year
of the original benefit otherwise payable, but not below ten per  centum
of the original benefit otherwise payable.
In  the  case  of  a member of the New York state teachers' retirement
system, commencing upon attainment of age  sixty-two  if  such  member's

date  of  membership  is  prior  to  April first, two thousand twelve or
attainment of age sixty-three if such member's date of membership is  on
or  after  April  first,  two  thousand  twelve,  the  benefit otherwise
provided pursuant to this paragraph shall be reduced while the member is
in service to ninety-six per centum of the benefit otherwise payable and
each  year  thereafter the benefit payable shall be reduced by an amount
equal to four per centum per year  of  the  original  benefit  otherwise
payable,  but  not  below  sixty  per  centum  of  the  original benefit
otherwise payable. In the  case  of  a  member  of  the  New  York  city
employees'  retirement  system,  the  New  York  city board of education
retirement system or the New  York  city  teachers'  retirement  system,
commencing  upon  attainment  of  age  sixty-one,  the benefit otherwise
provided pursuant to this paragraph shall be reduced while the member is
in service to ninety-seven per centum of the benefit  otherwise  payable
and  each  year  thereafter  the  benefit payable shall be reduced by an
amount equal to three per  centum  per  year  of  the  original  benefit
otherwise  payable,  but  not  below  seventy per centum of the original
benefit otherwise payable. In the case of any member  of  the  New  York
state  and local employees' retirement system who is permitted to retire
without regard to age or a member of the New York state and local police
and fire retirement system, commencing upon attainment of age  sixty-two
if  such  member's  date  of  membership  is  prior  to April first, two
thousand twelve or attainment of age sixty-three if such  member's  date
of  membership  is  on  or  after  April first, two thousand twelve, the
benefit otherwise provided pursuant to this paragraph shall  be  reduced
while the member is in service to ninety-seven per centum of the benefit
otherwise payable, and each year thereafter the benefit payable shall be
reduced  by an amount equal to three per centum per year of the original
benefit otherwise payable, but not  below  seventy  per  centum  of  the
original  benefit  otherwise payable. In the case of any other member of
the New York state and local employees'  retirement  system,  commencing
upon  attainment of age sixty-two if such member's date of membership is
prior  to  April  first,  two  thousand  twelve  or  attainment  of  age
sixty-three  if  such  member's  date of membership is on or after April
first, two thousand twelve, the benefit otherwise provided  pursuant  to
this  paragraph  shall  be  reduced  while  the  member is in service to
ninety-six per centum of the benefit otherwise payable,  and  each  year
thereafter  the  benefit  payable shall be reduced by an amount equal to
four per centum per year of the original benefit otherwise payable,  but
not  below  sixty  per centum of the original benefit otherwise payable.
Upon retirement from any retirement system, the benefit in  force  shall
be  reduced  by  fifty  per centum; upon completion of the first year of
retirement, the benefit in force at the  time  of  retirement  shall  be
reduced  by  an additional twenty-five per centum, and upon commencement
of the third year of retirement, the benefit shall be ten per centum  of
the  benefit in force at age sixty, if any, or at the time of retirement
if retirement preceded such  age;  provided,  however,  the  benefit  in
retirement  shall  not be reduced below ten per centum of the benefit in
force at age sixty, if any, or at the time of retirement  if  retirement
preceded such age. Notwithstanding any other provision of this paragraph
to  the  contrary, the benefit for a retiree from the New York state and
local  employees'  retirement  system,  the  New  York  state  teachers'
retirement  system,  the New York city employees' retirement system, the
New York city board of education retirement system or the New York  city
teachers' retirement system shall not be reduced below ten per centum of
the benefit in force at the time of retirement.
3.  If  a  member  dies  in  service  without having made the election
specified in this subdivision within ninety days after first becoming  a

member,  or  within  the  period  prescribed by the retirement system of
which he is a member if such period is less than ninety days,  he  shall
be deemed to have made the election specified in paragraph two.
4.  Notwithstanding any other provision of this article, any member of
the New York state teachers' retirement system who joined  on  or  after
July  first,  nineteen  hundred  seventy-three  and  before  July first,
nineteen hundred seventy-four may change the election set forth in  this
subdivision  by  filing  a  new  election  on  or before June thirtieth,
nineteen hundred  eighty-nine.  The  election  filed  pursuant  to  this
paragraph shall be irrevocable.
5.  Notwithstanding  any  provision  of  this  article,  a member of a
retirement system subject to the provisions of  this  article  who  last
joined  such  system  on or after January first, two thousand one who is
not covered by the death benefit calculation provided in  subdivision  b
of  this section shall, upon a qualifying death, be covered by the death
benefit  calculation  provided  pursuant  to  paragraph  two   of   this
subdivision and shall not be entitled to elect between the death benefit
calculations provided in paragraphs one and two of this subdivision. Any
individual  who  last  joined  such  system  before  January  first, two
thousand one who  is  not  covered  by  the  death  benefit  calculation
provided  in  subdivision  b  of  this  section shall be covered, upon a
qualifying death, by the death benefit calculation provided by paragraph
two of this subdivision unless such individual had timely elected  death
benefit coverage under the calculation provided by paragraph one of this
subdivision  and, upon such death, it is determined that the benefit, as
calculated under such paragraph one would be greater than as  calculated
under  such  paragraph  two,  in which case the benefit calculated under
such paragraph one shall be payable.
b. A member of a retirement system subject to the provisions  of  this
article  who  is  a  police  officer, firefighter, correction officer or
sanitation worker and is in a plan which  permits  immediate  retirement
upon  completion  of a specified period of service without regard to age
or who is subject to the provisions of subdivision  b  of  section  four
hundred forty-five of this article, shall upon completion of ninety days
of  service be covered for financial protection in the event of death in
service pursuant to this subdivision.
1. Such death benefit shall be  equal  to  three  times  the  member's
salary  raised to the next highest multiple of one thousand dollars, but
in no event shall it exceed three times the maximum salary specified  in
section one hundred thirty of the civil service law or, in the case of a
member  of  a  retirement system other than the New York city employees'
retirement system, the New York city police pension fund, subchapter two
or the New York city fire department pension fund, subchapter  two,  the
specific   limitations  specified  for  age  of  entrance  into  service
contained in subparagraphs (b), (c), (d), (e) and (f) of  paragraph  two
of subdivision a of this section.
2.  Provided  further,  notwithstanding  any  other  provision of this
article to the contrary,  where  the  member  is  a  police  officer  or
firefighter and would have been entitled to a service retirement benefit
at  the time of his or her death and where his or her death occurs on or
after  July  first,  two  thousand,  the  beneficiary  or  beneficiaries
nominated  for the purposes of this subdivision may elect to receive, in
a lump sum, an amount payable  which  shall  be  equal  to  the  pension
reserve  that  would have been established had the member retired on the
date of his or her death, or the value of  the  death  benefit  and  the
reserve-for-increased-take-home-pay,   if  any,  whichever  is  greater,
provided further that for the purpose of determining entitlement to  the
benefit  provided by this subdivision, and notwithstanding subdivision j

of section three hundred forty-one of this chapter, where the member  is
an  officer  or  member  of the state police the total number of days of
unused sick leave and accumulated vacation credit accrued by the  member
at the time of his or her death shall be considered in meeting the total
creditable  service required to qualify for a service retirement benefit
provided without regard to age where his or her death occurs on or after
July second, two thousand nine. Provided further that where such  police
officer  or firefighter dies on or after July first, two thousand, after
having retired from service, but before a first payment of a  retirement
allowance,  such  person  shall be deemed to have been in service at the
time of his or her death for the purposes of this subdivision only,  and
provided  further  that the pension reserve established pursuant to this
paragraph for a person who dies after retiring from service, but  before
first  payment  of a retirement allowance, shall be determined as of the
date of retirement and any pension payments payable for  the  period  of
time  prior  to  the retiree's death shall be deducted from any benefits
payable pursuant to this subdivision.
c. For the purpose of  this  section,  salary  shall  be  the  regular
compensation earned during the member's last twelve months of service in
full  pay  status  as a member or, if he or she had not completed twelve
months of service prior to the date of death, but  was  subject  to  the
provisions  of subdivision b of this section, the compensation he or she
would have earned had he or she worked for the twelve  months  prior  to
such  date;  provided,  however,  for the purpose of this section salary
shall exclude any form of  termination  pay  (which  shall  include  any
compensation in anticipation of retirement), or any lump sum payment for
deferred  compensation sick leave, or accumulated vacation credit or any
other payment for time not  worked  (other  than  compensation  received
while  on  sick  leave  or  authorized leave of absence) and in no event
shall it exceed the maximum salary  specified  in  section  one  hundred
thirty  of  the  civil service law, as added by part B of chapter ten of
the laws of two thousand eight,  or  the  maximum  salary  specified  in
section  one  hundred  thirty  of  the  civil  service law, as hereafter
amended, whichever is greater.
d. The benefits provided pursuant to this section are in lieu  of  all
other  benefits  provided  by  this  or  any  other  state  or local law
exclusive of a benefit provided under the  workmen's  compensation  law,
the  civil  service  law  or  group life insurance; provided, however, a
beneficiary of a member eligible for  a  benefit  as  the  result  of  a
service  connected  accident, may elect to receive such other benefit in
lieu of the benefit provided pursuant to this section.
e. For the purposes of this section:
1. A member who dies while off the payroll shall be considered  to  be
in service provided he or she (a) 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, (b)
had not been otherwise gainfully employed since he or she ceased  to  be
on  such  payroll and (c) 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;  notwithstanding  any  other  provision  of  law  to  the
contrary, a member of the New York city employees' retirement system  or
the  board  of education retirement system of the city of New York shall
be deemed to have died on the payroll for the purposes of  this  section

in  the  event  that  death occurs while such member is on an authorized
leave of absence without pay for medical reasons which has  continuously
been  in  effect  since  the member was last paid on the payroll in such
service,  provided, however, that such member was on the payroll in such
service and paid within the four-year period prior to his or her  death;
and
2.  The  benefit  payable  shall be in addition to any payment made on
account of a member's accumulated contributions.
3. 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.
f. Notwithstanding the provisions of any other law to the contrary and
solely  for the purpose of determining eligibility for the death benefit
payable pursuant to this section, a person subject to this section shall
be considered to have died  while  in  teaching  service  provided  such
person  was  in such service 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  person  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 requirements.
g.  A  member, or on the death of such member, the person nominated by
him or her to receive his or her 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. For the purposes of this subdivision, the
mortality and interest rates used in determining this annuity  shall  be
the rates in effect on the date of the death of such member.