2023 New York Laws › RSS - Retirement and Social Security › Article 14 - Coordinated-Escalator Retirement Plan › 508 - Death Benefits.

§  508.  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 five hundred  three  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; 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, or the New York state and local  employees'
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, or the  New  York
state and local employees' 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.
Notwithstanding any other provision of this paragraph, 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, 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  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  benefits  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,
investigator revised plan member 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
section five hundred four or five hundred 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.  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, or in the case of a member of the New York
city  employees'  retirement  system  who  is  a New York city uniformed
correction/sanitation revised plan member  or  an  investigator  revised
plan member, 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.
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; 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. With respect to a member of the New York state and local employees'
retirement system who was covered by paragraph two of subdivision  a  of
the  former  section  five  hundred  eight  of this chapter, as added by
chapter  eight  hundred  ninety  of  the  laws   of   nineteen   hundred
seventy-six,  prior  to  its  repeal  pursuant  to  chapter  six hundred
seventeen of the laws of nineteen hundred eighty-six and who is entitled
under the state constitution to  have  benefits  calculated  under  such
provision   as  it  read  prior  to  such  nineteen  hundred  eighty-six
amendment, the lump sum death benefit shall be  determined  pursuant  to
subdivision  a of this section. With respect to a member of the New York
state  and  local  employees'  retirement  system  who  was  covered  by
subdivision  b of the former section five hundred eight of this chapter,
as added by chapter eight hundred ninety of the laws of nineteen hundred
seventy-six, prior  to  its  repeal  pursuant  to  chapter  six  hundred
seventeen of the laws of nineteen hundred eighty-six and who is entitled
under  the  state  constitution  to  have benefits calculated under such
provision  as  it  read  prior  to  such  nineteen  hundred   eighty-six
amendment,  the  lump  sum death benefit shall be determined pursuant to
subdivision a of this section.