N.Y. Retirement & Social Security Law § 374-a: Applications and elections; issues due to death

§ 374-a. Applications and elections; issues due to death.

Notwithstanding any other law, rule or regulation to the contrary, in

the event a member dies prior to receipt by the comptroller or the

retirement system of his or her application for service retirement,

disability retirement or a retirement option election form and such

application or form was mailed to the comptroller or retirement system

by United States postal service first class mail prior to date of death,

the application or form shall be deemed filed on the date of mailing,

based upon the legible postmark on the envelope. The comptroller shall

have the sole authority to determine whether a postmark is legible for

the purpose of this section. Provided, however, no such retirement

application or option election form shall be deemed filed with the

retirement system on the date of mailing unless actually received by the

retirement system as a result of such mailing.