2023 New York Laws › RSS - Retirement and Social Security › Article 15 - Coordinated Retirement Plan › 606 - Death Benefits.

§  606.  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 six  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.
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 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 section six hundred four 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, 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;  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.