§ 60. 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 forty-one of this chapter and which commenced\nduring the period from April first, nineteen hundred sixty-six through\nJune thirtieth, nineteen hundred seventy-four, to perform services as a\ncivilian officer or employee of the federal government or one of its\nagencies or a contractor of the United States Agency for International\nDevelopment engaged to perform the work of such agency, the United\nNations, any other international organization of which the United States\nof America is a member, or a foreign government, and\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\nreserve-for-increased-take-home-pay and shall be subject to waiver as\nprovided in subdivision e of section 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 sixty-one of this chapter on account\nof an accidental death benefit, computed without reduction pursuant to\nsection sixty-four of this article, and the\nreserve-for-increased-take-home-pay total less than the ordinary death\nbenefit and the reserve-for-increased-take-home-pay that would have been\ncomputed and made payable pursuant to this section sixty in the case of\nordinary death, the difference shall be paid to the beneficiary or\nmember's estate to which the ordinary death benefit and\nreserve-for-increased-take-home-pay would have been paid.\n Provided further, that where the beneficiary or beneficiaries\ndesignated to receive the accidental death benefit pursuant to section\nsixty-one of this article is the same beneficiary or beneficiaries\ndesignated by the member to receive the ordinary death benefit, then,\nand in that case, the beneficiary or beneficiaries may elect to receive,\nin a lump sum, the value of the ordinary death benefit and the\nreserve-for-increased-take-home-pay, if any, that would have been\ncomputed and made payable pursuant to the provisions hereof in case of\nordinary 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 such active duty with the armed forces of the\nUnited States or in 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 ninety of this article,\nan ordinary death benefit plus the reserve-for-increased-take-home-pay\nshall be payable to the beneficiary designated in a valid election of\n"Option One-half", if any, or in the manner provided by subdivisions c,\nd, or e of this section, in any other case, if a retired member shall\ndie 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.\n The 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\nreserve-for-increased-take-home-pay shall be payable from the pension\naccumulation fund. The ordinary death benefit shall not exceed the\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 twelve, of his total service credit. Provided, however, that\nwhere the member has more than twelve years of total service credit and\nwhere his death occurs on or after July first, nineteen hundred sixty,\nand on or before June thirtieth, nineteen hundred seventy-four, there\nshall be added to such ordinary death benefit one-twenty-fourth of such\ncompensation multiplied by the number of years, not to exceed\ntwenty-four, but exclusive of the first twelve, of his total service\ncredit. Provided, further, that where a member, qualified under\nsubdivisions a or aa of this section, would have been entitled to a\nservice retirement benefit at the time of his death and where his death\noccurs on or after July first, nineteen hundred sixty-three and on or\nbefore June thirtieth, nineteen hundred seventy-four, the amount payable\nunder this section shall be equal to the pension reserve that would have\nbeen established had the member retired on the date of his death, unless\nthe ordinary death benefit and the reserve-for-increased-take-home-pay,\nhereinabove provided for, shall be 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 retirement, provided that he shall have rendered\nat least one year of service since he last became a member, or provided\nhe shall have rendered since he returned to public service one year of\nservice during which he elected pursuant to subdivision a of section one\nhundred one of this article not to be restored to membership in the\nretirement system. The member's accumulated contributions shall be\nrefunded in accordance with subdivision d of section fifty-one of this\narticle.\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 seventy-five-a of this chapter or of a participating employer\nwhile such employer is participating under the provisions of section\nseventy-five-b of this chapter.\n The provisions of this subdivision bb shall apply in any case where\ndeath occurred on or after August nineteenth, nineteen hundred sixty-six\nand prior to 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 August nineteenth, nineteen hundred\nsixty-six and prior to July first, nineteen hundred seventy-four, the\namount payable under this section shall be equal to the pension reserve\nthat would have been established pursuant to section seventy-five-c had\nthe member retired on the date of his death, unless the ordinary death\nbenefit hereinabove provided for shall be in excess thereof. The benefit\nprovided herein shall be in lieu of the ordinary death benefit presently\npayable under other provisions of this chapter, unless the benefit under\nsuch other provisions shall be in excess of those provided for herein,\nin which event the greater benefit shall be payable.\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 one hundred one of this article not to be restored to membership\nin the retirement system. The member's accumulated contributions shall\nbe refunded in accordance with subdivision d of section fifty-one of\nthis article.\n c. The ordinary death benefit and the\nreserve-for-increased-take-home-pay shall be paid to the member's estate\nor to such person as he shall have nominated to receive such ordinary\ndeath benefit. To be effective, such a nomination must be in the form of\na written designation, duly acknowledged and filed with the comptroller\nfor this specific purpose. In the event such a designated beneficiary\ndoes not survive him, or if he shall not have so designated a\nbeneficiary, such benefit shall be payable to the deceased member's\nestate or as provided in section one thousand three hundred ten of the\nsurrogate's court procedure 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. 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 sixty-a of\nthis article, a special death benefit shall be payable upon the death in\nservice of a security services unit member or parkway police unit member\nor security supervisors unit member who is subject to the provisions of\nthis article, and who has credit for ninety or more days of service\nwhile actually a member of the retirement system.\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 death of\nsuch a member prior to July first, nineteen hundred seventy-one shall be\nequal to that benefit which would have otherwise been payable pursuant\nto subdivision b or bb of this section notwithstanding any provision of\nparagraph 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 last entered\nor reentered the service of his or her employer. Provided, further, that\nany such member 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 who died prior to rendering the minimum amount of\nservice necessary to be eligible for this benefit shall be considered to\nhave 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