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-B - Guaranteed Ordinary Death Benefit for Participating Employers.

§   360-b.   Guaranteed   ordinary  death  benefit  for  participating
employers.   (a) Pursuant to the provisions  of  section  three  hundred
thirty-three  of  this  article,  a  participating employer may elect to
provide a guaranteed ordinary death benefit upon the death in service of
its employees who (i) meet all of  the  requirements  of  section  three
hundred  sixty of this title except that contained in paragraph three of
subdivision (a) thereof, and (ii) last entered or reentered  the  employ
of  a  participating  employer  prior  to  April first, nineteen hundred
eighty-five, and were in such employ  on  March  thirty-first,  nineteen
hundred  eighty-five,  and  (iii)  last  joined  or  rejoined  a  public
retirement system of the state or a  municipality  thereof  before  July
first,  nineteen  hundred  seventy-three,  and (iv) had not attained age
sixty at the date of such  entrance  into  such  service,  and  (v)  had
rendered  ninety  or  more  days of continuous service in the service of
such participating employer during the fifteen month period  immediately
preceding  death.  For the purposes of this section an employee who dies
while off the payroll shall be considered to be in service  provided  he
or  she  (1) 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,  (2)  had  not  been
otherwise  gainfully  employed  since  he  or  she  ceased to be on such
payroll and (3) 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.
(b) The guaranteed ordinary death benefit provided under this  section
to   the   beneficiary  of  such  employee  shall  be  three  times  the
compensation earnable by him during his last twelve months of service as
a member, raised to the next higher multiple of  one  thousand  dollars,
but  in  no  event  greater  than  twenty  thousand  dollars. Where such
employee dies before rendering one year of service,  the  death  benefit
pursuant  to this section shall be three times the compensation that the
member would have earned had he worked for twelve months  prior  to  the
date  of  his  death, raised to the next higher multiple of one thousand
dollars, but in no event greater than twenty thousand dollars.
(c) The beneficiary  shall  receive  the  benefits  provided  by  this
section  or  those  provided  by  section  three  hundred  sixty of this
article, whichever are greater.
(d) The provisions of this section shall apply in the  case  of  death
occurring  on or after this section becomes law and prior to July first,
nineteen hundred seventy-four.