N.Y. Education Law § 394: Survivor's benefits

§ 394. Survivor's benefits. In the case of the death of any electing

employee, after the effective date of this election and before

retirement, the value of the death benefits provided by the contract or

contracts purchased under the optional retirement program which is

attributable to the state's contribution as determined by the board,

shall be deemed to be an ordinary death benefit provided under a public

pension plan within the meaning of section one hundred fifty-four of the

civil service law. Notwithstanding the provisions of such section of

the civil service law, a survivors benefit payable thereunder on account

of the death of any electing employee while in the employ of state

university, after the effective date of such election and before

retirement, including an employee subject to the provisions of

subdivision three of section three hundred ninety-three of this article,

shall be paid to such person or persons as such employee shall have

nominated to receive the death benefits provided by the contract or

contracts purchased under the optional retirement program. In the event

such designated beneficiary or beneficiaries do not survive the

employee, or if a beneficiary was not so designated, the survivors

benefit shall be paid to the deceased employee's estate or as provided

in section one hundred three-a of the decedent estate law.