§ 360-B — Guaranteed ordinary death benefit for participating employers

§ 360-b. Guaranteed ordinary death benefit for participating\nemployers. (a) Pursuant to the provisions of section three hundred\nthirty-three of this article, a participating employer may elect to\nprovide a guaranteed ordinary death benefit upon the death in service of\nits employees who (i) meet all of the requirements of section three\nhundred sixty of this title except that contained in paragraph three of\nsubdivision (a) thereof, and (ii) last entered or reentered the employ\nof a participating employer prior to April first, nineteen hundred\neighty-five, and were in such employ on March thirty-first, nineteen\nhundred eighty-five, and (iii) last joined or rejoined a public\nretirement system of the state or a municipality thereof before July\nfirst, nineteen hundred seventy-three, and (iv) had not attained age\nsixty at the date of such entrance into such service, and (v) had\nrendered ninety or more days of continuous service in the service of\nsuch participating employer during the fifteen month period immediately\npreceding death. For the purposes of this section an employee who dies\nwhile off the payroll shall be considered to be in service provided he\nor she (1) was on the payroll in such service and paid within a period\nof twelve months prior to his or her death, or 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, (2) had not been\notherwise gainfully employed since he or she ceased to be on such\npayroll and (3) had credit for one or more years of continuous service\nsince he or she last entered or reentered the service of his or her\nemployer. Provided, further, that any such member 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 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 (b) The guaranteed ordinary death benefit provided under this section\nto the beneficiary of such employee shall be three times the\ncompensation earnable by him during his last twelve months of service as\na member, raised to the next higher multiple of one thousand dollars,\nbut in no event greater than twenty thousand dollars. Where such\nemployee dies before rendering one year of service, the death benefit\npursuant to this section shall be three times the compensation that the\nmember would have earned had he worked for twelve months prior to the\ndate of his death, raised to the next higher multiple of one thousand\ndollars, but in no event greater than twenty thousand dollars.\n (c) The beneficiary shall receive the benefits provided by this\nsection or those provided by section three hundred sixty of this\narticle, whichever are greater.\n (d) The provisions of this section shall apply in the case of death\noccurring on or after this section becomes law and prior to July first,\nnineteen hundred seventy-four.\n