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-A - Guaranteed Ordinary Death Benefit Payable Upon Death of State Employees.

§ 360-a. Guaranteed ordinary death benefit payable upon death of state
  employees.  a.  Upon  the  death  in  service of a member who was in the
  employ of the state on March thirty-first, nineteen hundred  sixty-nine,
  and  whose  beneficiary  was  eligible  for  the  ordinary death benefit
  pursuant to section three hundred sixty of this chapter, or  would  have
  been  eligible  had  the state employee had one year or more of service,
  such  beneficiary  shall  receive  an  ordinary  death  benefit  payable
  pursuant  to  section  three hundred sixty, or, in lieu of such ordinary
  death benefit, the benefit payable pursuant to this  section,  whichever
  is greater.
aa.  Upon  the  death  in service of a member on or after April first,
  nineteen hundred seventy, who (1) entered or reentered the employ of the
  state after March thirty-first, nineteen hundred sixty-nine and prior to
  April first, nineteen hundred eighty-five, and was  in  such  employ  on
  March  thirty-first,  nineteen hundred eighty-five, (2) had not attained
  age sixty at the date of  such  entrance  into  such  service,  (3)  had
  rendered  ninety  or  more  days  of continuous state service during the
  fifteen month period immediately preceding death,  (4)  last  joined  or
  rejoined  a public retirement system thereof before July first, nineteen
  hundred seventy-three, and (5) whose beneficiary was  eligible  for  the
  ordinary  death  benefit pursuant to section three hundred sixty of this
  chapter, or would have been eligible had the employee had  one  year  or
  more  of state service, such beneficiary shall receive an ordinary death
  benefit payable pursuant to section three hundred sixty of this chapter,
  or, in lieu of such ordinary death benefit, the benefit payable pursuant
  to this section, whichever is greater.
aaa. Provided further, notwithstanding any  other  provision  of  this
  article to the contrary, where the member is an officer or member of the
  state  police  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 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 the provisions
  of subdivision j of section three hundred forty-one of this article, 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.
b.  The  guaranteed ordinary death benefit provided under this section
  to such a beneficiary shall be three times the compensation earnable  by
  the state employee 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.
c. 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 at least one year 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.
d. The provisions of this section shall apply in any case where  death
  occurs  on  or after the date this section becomes law and prior to July
  first, nineteen hundred seventy-four.