§ 360 — Ordinary death benefit

§ 360. Ordinary death benefit. a. An ordinary death benefit plus the\nreserve-for-increased-take-home-pay shall be payable upon the death of a\nmember who:\n 1. Died before the effective date of his retirement, and\n 2. Was in service upon which his membership was based when he died or\nwas on the payroll in such service and paid within a period of twelve\nmonths prior to his death or within a period of twenty-four months prior\nto his death if on leave of absence as set forth below and had, unless\nhis service was based on seasonal employment, not been otherwise\ngainfully employed since he ceased to be on such payroll except while on\nleave of absence which was granted in accordance with the provisions of\nsubdivision i of section three hundred forty-one of this chapter and\nwhich commenced during the period from April first, nineteen hundred\nsixty-six through June thirtieth, nineteen hundred seventy-four, to\nperform services as a civilian officer or employee of the Federal\ngovernment or one of its agencies or a contractor of the United States\nAgency for International Development engaged to perform the work of such\nagency, the United Nations, any other international organization of\nwhich the United States of America is a member, or a foreign government,\nand\n 3. Has credit for one or more years of service while actually a\nmember. This requirement of one or more years of service while actually\na member shall not be applicable to the reserve-for-increased-take-\nhome-pay and shall be subject to waiver as provided in subdivision e of\nsection three hundred forty-one of this article.\n An ordinary death benefit shall not be payable in any case in which an\naccidental death benefit is payable provided, however, that where\npayments made pursuant to section three hundred sixty-one of this\nchapter on account of an accidental death benefit, computed without\nreduction pursuant to section three hundred sixty-four of this article,\nand the reserve-for-increased-take-home-pay total less than the ordinary\ndeath benefit and the reserve-for-increased-take-home-pay that would\nhave been computed and made payable pursuant to this section three\nhundred sixty in the case of ordinary death, the difference shall be\npaid to the beneficiary or member's estate to which the ordinary death\nbenefit and reserve-for-increased-take-home-pay would have been paid.\nProvided further, that where the beneficiary or beneficiaries designated\nto receive the accidental death benefit pursuant to section three\nhundred sixty-one of this chapter is the same beneficiary or\nbeneficiaries designated by the member to receive the ordinary death\nbenefit, then, and in that case the beneficiary or beneficiaries may\nelect to receive, in a lump sum, the value of the ordinary death benefit\nand the reserve-for-increased-take-home-pay, if any, that would have\nbeen computed and made payable pursuant to the provisions hereof in case\nof ordinary death, in lieu of any other benefit.\n Notwithstanding the provisions of any other law to the contrary and\nsolely for the purpose of determining eligibility for an ordinary death\nbenefit and/or guaranteed ordinary death benefit, a member shall be\nconsidered to have died while in service upon which his or her\nmembership was based provided such member was on the payroll in the\nservice upon which membership is based at the time he or she was ordered\nto active duty pursuant to Title 10 of the United States Code, with the\narmed forces of the United States or to service in the uniformed\nservices pursuant to Chapter 43 of Title 38 of the United States Code\nand died while on such active duty or service in the uniformed services\non or after June fourteenth, two thousand five. Provided, further, that\nany such member ordered to active duty with the armed forces of the\nUnited States or to service in the uniformed services who died prior to\nrendering the minimum amount of service necessary to be eligible for\nthis benefit shall be considered to have satisfied the minimum service\nrequirement.\n aa. Notwithstanding the provisions of section three hundred ninety of\nthis article, an ordinary death benefit plus the reserve-for-increased-\ntake-home-pay shall be payable to the beneficiary designated in a valid\nelection of "Option One-half", if any, or in the manner provided by\nsubdivisions c, d, or e of this section, in any other case, if a retired\nmember shall die where:\n 1. His application for retirement became effective prior to his death,\nand\n 2. No optional election by him was in effect at the time of his death,\nor he had made and filed a valid election to receive his retirement\nallowance without optional modification or under "Option One-half", and\n 3. He died within the period of thirty days immediately after his\nretirement became effective.\nThe amount of the ordinary death benefit so payable under this\nsubdivision shall be reduced by the amount of any pension payment that\nmay have been paid on account of such retirement.\n The provisions of this subdivision shall apply in any case where death\noccurred on or after January first, nineteen hundred fifty-four.\n b. The ordinary death benefit plus the reserve-for-increased-take-\nhome-pay shall be payable from the pension accumulation fund. The\nordinary death benefit shall not exceed the compensation earnable by\nsuch member during his last twelve months of service while a member. The\namount thereof shall be computed by multiplying one-twelfth of such\ncompensation by the number of years, not to exceed twelve, of his total\nservice credit. Provided, however, that where the member has more than\ntwelve years of total service credit and where his death occurs on or\nafter April first, nineteen hundred sixty-seven and on or before June\nthirtieth, nineteen hundred seventy-four, there shall be added to such\nordinary death benefit one-twenty-fourth of such compensation multiplied\nby the number of years, not to exceed twenty-four, but exclusive of the\nfirst twelve, of his total service credit. Provided, further, that where\na member, qualified under subdivisions a or aa of this section, would\nhave been entitled to a service retirement benefit at the time of his\ndeath and where his death occurs on or after April first, nineteen\nhundred sixty-seven, and on or before June thirtieth, nineteen hundred\nseventy-four, the amount payable under this section shall be equal to\nthe pension reserve that would have been established had the member\nretired on the date of his death, unless the ordinary death benefit and\nthe reserve-for-increased-take-home-pay, hereinabove provided for, shall\nbe in excess thereof.\n In the case of a retired member who has returned to service, total\nservice credit for purposes of this section only, shall include service\nrendered prior to his or her retirement, provided that he or she shall\nhave rendered at least one year of service since he or she last became a\nmember or provided he or she shall have rendered since he or she\nreturned to public service one year of service during which he or she\nelected pursuant to subdivision a of section four hundred one of this\narticle not to be restored to membership in the police and fire\nretirement system. The member's accumulated contributions shall be\nrefunded in accordance with subdivision d of section three hundred\nfifty-one of this article.\n bb. (a) An ordinary death benefit shall be payable upon the death of a\nmember who was in the employ of the state during its participation under\nsection three hundred seventy-five-a of this chapter or of a\nparticipating employer while such employer is participating under the\nprovisions of section three hundred seventy-five-b of this chapter.\n The provisions of this subdivision bb shall apply in any case where\ndeath occurred on or April first, nineteen hundred sixty-seven and prior\nto July first, nineteen hundred seventy-four.\n (b) The ordinary death benefit shall be payable from the pension\naccumulation fund. Such ordinary death benefit shall be based on\ncompensation earnable by such member during his last twelve months of\nservice while a member. The amount thereof shall be computed by\nmultiplying one-twelfth of such compensation by the number of years, not\nto exceed thirty-six, of his total service credit. Provided that where a\nmember qualified under subdivisions a and aa of this section would have\nbeen eligible for service retirement at the time of his death and where\nhis death occurs on or after April first, nineteen hundred sixty-seven\nand prior to July first, nineteen hundred seventy-four, the amount\npayable under this section shall be equal to the pension reserve that\nwould have been established pursuant to section three hundred\nseventy-five-c had the member retired on the date of his death, unless\nthe ordinary death benefit hereinabove provided for, shall be in excess\nthereof. The benefit provided herein shall be in lieu of the ordinary\ndeath benefit presently payable under other provisions of this chapter,\nunless the benefit under such other provisions shall be in excess of\nthose provided for herein, in which event the greater benefit shall be\npayable.\n (c) In the case of a retired member who has returned to service, total\nservice credit, for purposes of this subdivision only, shall include\nservice rendered prior to his retirement, provided that he shall have\nrendered at least one year of service since he last became a member, or\nprovided he shall have rendered since he returned to public service one\nyear of service during which he elected pursuant to subdivision a of\nsection four hundred one of this article not to be restored to\nmembership in the retirement system. The member's accumulated\ncontributions shall be refunded in accordance with subdivision d of\nsection three hundred fifty-one of this article.\n c. The ordinary death benefit and the reserve-for-increased-take-\nhome-pay shall be paid to the member's estate or to such person as he\nshall have nominated to receive such ordinary death benefit. To be\neffective, such a nomination must be in the form of a written\ndesignation, duly acknowledged and filed with the comptroller for this\nspecific purpose. In the event such a designated beneficiary does not\nsurvive him, or if he shall not have so designated a beneficiary, such\nbenefit shall be payable to the deceased member's estate or as provided\nin section one thousand three hundred ten of the surrogate's court\nprocedure act.\n d. The member, or on the death of the member, the person nominated by\nhim to receive his death benefit, may provide, by written designation,\nduly executed and filed with the comptroller, that such death benefit\nand the reserve-for-increased-take-home-pay shall be paid in the form of\nan annuity. Such designation shall be filed prior to or within ninety\ndays after the death of the member. The amount of such annuity shall be\ndetermined as the actuarial equivalent of such death benefit and reserve\non the basis of the age of such beneficiary at the time of the member's\ndeath and regular interest.\n e. A member, or after his death, the person nominated by him to\nreceive his ordinary death benefit, may elect to receive the actuarial\nequivalent of the annuity specified in subdivision d of this section in\nthe form of a reduced annuity, payable for life, with the further\nproviso that if the person so nominated should die before the annuity\npayments received by him are equal to such actuarial equivalent, the\nbalance thereof shall be paid in a lump sum to such beneficiary's estate\nor to such person as such member or his nominee shall have designated\nprior to his death. Such election shall be made prior to or within\nninety days after the death of the member. Such designation of a\nbeneficiary to receive such lump sum may be made or changed at any time\nby the person who made it. Such election, designation or change shall be\nmade by a writing duly executed and filed with the comptroller. If the\nperson nominated to receive such lump sum does not survive the member's\nbeneficiary, such lump sum, if any, shall be payable to the estate of\nthe member's beneficiary or as provided in section one thousand three\nhundred ten of the surrogate's court procedure act.\n f. Special death benefit. Notwithstanding any provision of paragraph\nthree of subdivision a of this section to the contrary, a special death\nbenefit shall be payable upon the death of an officer or member of the\nstate police who is subject to the provisions of section three hundred\neighty-one-b of this chapter, and who has credit for ninety or more days\nof service while actually a member of the retirement system. In lieu of\nthe ordinary death benefit payable pursuant to subdivisions b or bb of\nthis section, the special death benefit shall be payable upon the death\nof an officer or member of the state police and shall be equal to three\ntimes the member's compensation earnable during his last twelve months\nof service as a member, raised to the next higher multiple of one\nthousand dollars. If, however, the ordinary death benefit payable\npursuant to subdivision b or bb of this section upon the death of an\nofficer or member of the state police who had been in service on or\nbefore April first, nineteen hundred sixty-nine would have exceeded the\nspecial death benefit otherwise payable pursuant to this subdivision had\nhe not elected to come under the provisions of section three hundred\neighty-one-b, the special death benefit payable under this subdivision\nshall be equal to that benefit which he would have received had he\nremained in his former plan. In no case shall the amount payable as a\nspecial death benefit on behalf of an officer or member of the state\npolice who enters or re-enters service in the division after April\nfirst, nineteen hundred sixty-nine exceed three times the member's\ncompensation earnable during his last twelve months of service as a\nmember, raised to the next higher multiple of one thousand dollars.\n g. 1. Notwithstanding any provision of paragraph three of subdivision\na of this section to the contrary and in lieu of the ordinary death\nbenefit payable pursuant to subdivisions b or bb of this section or the\nguaranteed ordinary death benefit payable pursuant to section three\nhundred sixty-a of this article, a special death benefit shall be\npayable upon the death in service of a security services unit member or\nparkway police unit member or security supervisors unit member who is\nsubject to the provisions of this article, and who has credit for ninety\nor more days of service while actually a member of the retirement\nsystem.\n 2. The special death benefit provided under this section to the\nbeneficiary of such security services unit member or parkway police unit\nmember or security supervisors unit member shall be:\n (a) in the case of a security services unit member or parkway police\nunit member or security supervisors unit member who was employed by the\nstate on or before the date this act takes effect, equal to three times\nthe member's compensation earnable during his last twelve months of\nservice as a member or, if he had not completed twelve months of service\nprior to the date of his death, three times the compensation he would\nhave earned had he worked for twelve months prior to such date, in\neither case raised to the next higher multiple of one thousand dollars.\nIf, however, the ordinary death benefit payable pursuant to subdivision\nb or bb of this section upon the death of such a security services\nmember or parkway police unit member or security supervisors unit member\nwould have exceeded the special death benefit payable pursuant to this\nsubdivision, the special death benefit payable in the event of the death\nof such a member prior to July first, nineteen hundred seventy-one shall\nbe equal to that benefit which would have otherwise been payable\npursuant to subdivision b or bb of this section notwithstanding any\nprovision of paragraph one of this subdivision to the contrary; or\n (b) in the case of a security services unit member or parkway police\nunit member or security supervisors unit member who enters service after\nthe date this act takes effect, equal to three times the member's\ncompensation earnable during his last twelve months of service as a\nmember or, if he has not completed twelve months of service prior to the\ndate of his death, three times the compensation he would have earned had\nhe worked for twelve months prior to such date, in either case raised to\nthe next higher multiple of one thousand dollars.\n 3. For the purpose of this subdivision: (a) the terms "security\nservices unit member", "parkway police unit member", and "security\nsupervisors unit member" shall mean a member in the employ of the state\nin the collective negotiating unit designated as the security services\nunit or parkway police unit or security supervisors unit established\npursuant to article fourteen of the civil service law; and\n (b) the term "death in service" shall include the death of such a\nmember who dies while off the payroll provided he or she (i) was on the\npayroll in such service and paid within a period of twelve months prior\nto his or her death, or was on the payroll in the service upon which\nmembership is based at the time he or she was ordered to active duty\npursuant to Title 10 of the United States Code, with the armed forces of\nthe United States or to service in the uniformed services pursuant to\nChapter 43 of Title 38 of the United States Code and died while on such\nactive duty or service in the uniformed services on or after June\nfourteenth, two thousand five, (ii) had not been otherwise gainfully\nemployed since he or she ceased to be on such payroll and (iii) had\ncredit for one or more years of continuous service since he or she last\nentered or reentered the service of his or her employer. Provided,\nfurther, that any such member ordered to active duty pursuant to Title\n10 of the United States Code, with the armed forces of the United States\nor to service in the uniformed services pursuant to Chapter 43 of Title\n38 of the United States Code who died prior to rendering the minimum\namount of service necessary to be eligible for this benefit shall be\nconsidered to have satisfied the minimum service requirement.\n 4. The provisions of this subdivision shall apply in any case where\ndeath occurs on or after the date this subdivision takes effect and\nprior to July first, nineteen hundred seventy-four.\n