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

§ 60-b. Guaranteed ordinary death benefit for participating employers.\n(a) Pursuant to the provisions of section thirty-three of this article,\na participating employer may elect to provide a guaranteed ordinary\ndeath benefit upon the death in service of its employees who (i) meet\nall the requirements of section sixty of this article except that\ncontained in paragraph three of subdivision (a) thereof, and (ii) last\nentered or reentered the employ of a participating employer prior to\nApril first, nineteen hundred eighty-five, and were in such employ on\nMarch thirty-first, nineteen hundred eighty-five, and (iii) last joined\nor rejoined a public retirement system of the state or a municipality\nthereof before July first, nineteen hundred seventy-three, and (iv) had\nnot attained age sixty at the date of such entrance into such service,\nand (v) had rendered ninety or more days of continuous service in the\nservice of such participating employer during the fifteen month period\nimmediately preceding death. For the purposes of this section an\nemployee who dies while off the payroll shall be considered to be in\nservice provided he or she (1) was on the payroll in such service and\npaid within a period of twelve months prior to his or her death, or was\non the payroll in the service upon which membership is based at the time\nhe or she was ordered to active duty pursuant to Title 10 of the United\nStates Code, with the armed forces of the United States or to service in\nthe uniformed services pursuant to Chapter 43 of Title 38 of the United\nStates Code and died while on such active duty or service in the\nuniformed services on or after June fourteenth, two thousand five, (2)\nhad not been otherwise gainfully employed since he or she ceased to be\non such payroll and (3) had credit for one or more years of continuous\nservice since he or she last entered or reentered the service of his or\nher employer. Provided, further, that any such member ordered to active\nduty pursuant to Title 10 of the United States Code, with the armed\nforces of the United States or to service in the uniformed services\npursuant to Chapter 43 of Title 38 of the United States Code who died\nprior to rendering the minimum amount of service necessary to be\neligible for this benefit shall be considered to have satisfied the\nminimum service requirement.\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 sixty of this article, whichever\nare 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