§ 61. Accidental death benefit.
a.An accidental death benefit and the\nreserve-for-increased-take-home-pay shall be payable upon the death of a\nmember if, upon application filed within five years after the death of\nsuch member, the comptroller shall determine, on the basis of the\nevidence, that such member:\n 1. Died before the effective date of his retirement, as the natural\nand proximate result of an accident sustained in the performance of duty\nin the service upon which his membership was based, and\n 2. Did not cause such accident by his own willful negligence, and\n 3. At the time of such accident was actually a member of the\nretirement system.\nWhere the claimant is an infant or is mentally or physically\nincapacitated, and because of the aforesaid disability application
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§ 61. Accidental death benefit. a. An accidental death benefit and the\nreserve-for-increased-take-home-pay shall be payable upon the death of a\nmember if, upon application filed within five years after the death of\nsuch member, the comptroller shall determine, on the basis of the\nevidence, that such member:\n 1. Died before the effective date of his retirement, as the natural\nand proximate result of an accident sustained in the performance of duty\nin the service upon which his membership was based, and\n 2. Did not cause such accident by his own willful negligence, and\n 3. At the time of such accident was actually a member of the\nretirement system.\nWhere the claimant is an infant or is mentally or physically\nincapacitated, and because of the aforesaid disability application for\naccidental death benefit is not filed within the time specified by this\nsubdivision, or where a person entitled to make a claim dies before the\nexpiration of the time so specified, the comptroller in his discretion\nmay grant leave to file such application within a reasonable time after\nthe expiration of the time specified in this subdivision.\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 in service\nin the uniformed services on or after June fourteenth, two thousand\nfive.\n b. The accidental death benefit and the\nreserve-for-increased-take-home-pay shall be payable from the pension\nreserve fund. Such accidential death benefit shall consist of a pension\nof one-half of the member's final average salary. The payment of such\npension shall be subject to the provisions of section sixty-four of this\narticle. The reserve-for-increased-take-home-pay shall be paid in a lump\nsum to those entitled thereto in accordance with subdivision d of this\nsection. The member's accumulated contributions shall be refunded in\naccordance with subdivision d of section fifty-one of this article.\n c. The accidental death benefit payable pursuant to this section on\naccount of a member whose:\n 1. Service was on other than a full-time basis at the time of his\ndeath, and\n 2. Death was the natural and proximate result of an accident sustained\nwhile a member and while in the performance of duty, shall be equal to\nthe benefit that would be paid on account of such member were his\nservice on a full-time basis.\n d. The pension on account of accidental death and the\nreserve-for-increased-take-home-pay shall be paid to:\n 1. The member's widow or widower to continue during his or her\nwidowhood. If he or she shall leave no widow or widower, or if his or\nher widow or widower shall die or remarry before all his or her children\nshall have attained age eighteen or sooner die, then to\n 2. His or her child or children under age eighteen, divided in such\nmanner as the comptroller, in his discretion, shall determine. Such\npension shall continue as a joint and survivor pension until every such\nchild shall have attained age eighteen or sooner die. If no widow or\nwidower or child under age eighteen shall survive such member, at the\ntime of his or her death, then to\n 3. His or her dependent father or dependent mother, as he or she shall\nhave nominated by written designation duly acknowledged and filed with\nthe comptroller. Such pension shall continue for the life of the parent\nso designated. If there be no such designation, then to\n 4. His or her dependent father or dependent mother, as the\ncomptroller, in his discretion, shall determine. Such pension shall\ncontinue for the life of the parent so selected.\n