This text of New York § 509 (Accidental death benefits) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 509. Accidental death benefits.
a.The eligible beneficiary of a\nmember in service, or a vested member that dies as a result of a\nqualifying World Trade Center condition as defined in section two of\nthis chapter, shall be entitled to an accidental death benefit in the\nform of a pension equal to fifty percent of such member's final average\nsalary if, upon application filed within five years after the death of\nthe member, the head of the retirement system determines that such\nmember:\n 1. Died before the effective date of retirement, as the natural and\nproximate result of an accident sustained in the performance of duty in\nthe service upon which membership was based, and\n 2. Did not cause such accident by his or her own willful negligence.\n Notwithstanding the provisions of
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§ 509. Accidental death benefits. a. The eligible beneficiary of a\nmember in service, or a vested member that dies as a result of a\nqualifying World Trade Center condition as defined in section two of\nthis chapter, shall be entitled to an accidental death benefit in the\nform of a pension equal to fifty percent of such member's final average\nsalary if, upon application filed within five years after the death of\nthe member, the head of the retirement system determines that such\nmember:\n 1. Died before the effective date of retirement, as the natural and\nproximate result of an accident sustained in the performance of duty in\nthe service upon which membership was based, and\n 2. Did not cause such accident by his or her own willful negligence.\n Notwithstanding the provisions of section two hundred forty-two, two\nhundred forty-three or two hundred forty-four of the military law or the\nprovisions of any other law to the contrary and solely for the purpose\nof determining eligibility for an accidental death benefit, a member\nshall be considered to have died as the natural and proximate result of\nan accident sustained in the performance of duty provided such member\nwas on the payroll in the service upon which membership is based at the\ntime he or she was ordered to active duty pursuant to Title 10 of the\nUnited States Code, with the armed forces of the United States or to\nservice in the uniformed services pursuant to Chapter 43 of Title 38 of\nthe United States Code and died while on such active duty or service in\nthe uniformed services on or after June fourteenth, two thousand five.\n b. If an eligible beneficiary receiving the accidental death benefit\nhereunder becomes ineligible to continue to receive such benefit, the\nbenefit shall be continued for all other members of the eligible class\nof beneficiaries and, if none, to each successive class, if any, during\ntheir eligibility therefor.\n c. If the aggregate benefits under the provisions of this section have\nnot exceeded the amount of the ordinary lump sum death benefit because\nof the absence of eligible beneficiaries or because those beneficiaries\nformerly eligible are no longer eligible for payments pursuant to\nsection five hundred one, then the difference between the amounts, if\nany, paid under this section and the amount of the ordinary lump sum\ndeath benefit shall be paid to:\n 1. The last eligible beneficiary or beneficiaries, if surviving, who\nwere receiving pension payments hereunder or, if none\n 2. The distributees of the member, if there were no eligible\nbeneficiaries at the member's death, or the persons who would be\ndistributees of the member had he died intestate on the date that the\nlast eligible beneficiary died or became ineligible.\n