N.Y. Retirement & Social Security Law § 60-a: Guaranteed ordinary death benefit payable upon death of state employees

§ 60-a. Guaranteed ordinary death benefit payable upon death of state

employees. a. Upon the death in service of a member who was in the

employ of the state on March thirty-first, nineteen hundred sixty-nine,

and whose beneficiary was eligible for the ordinary death benefit

pursuant to section sixty of this chapter, or would have been eligible

had the state employee had one year or more of service, such beneficiary

shall receive an ordinary death benefit payable pursuant to section

sixty, or, in lieu of such ordinary death benefit, the benefit payable

pursuant to this section, whichever is greater.

aa. Upon the death in service of a member on or after April first,

nineteen hundred seventy, who (1) entered or reentered the employ of the

state after March thirty-first, nineteen hundred sixty-nine and prior to

April first, nineteen hundred eighty-five, and was in such employ on

March thirty-first, nineteen hundred eighty-five, (2) had not attained

age sixty at the date of such entrance into such service, (3) had

rendered ninety or more days of continuous state service during the

fifteen month period immediately preceding death, (4) last joined or

rejoined a public retirement system of the state or a municipality

thereof before July first, nineteen hundred seventy-three, and (5) whose

beneficiary was eligible for the ordinary death benefit pursuant to

section sixty of this chapter, or would have been eligible had the

employee had one year or more of state service, such beneficiary shall

receive an ordinary death benefit payable pursuant to section sixty of

this chapter, or, in lieu of such ordinary death benefit, the benefit

payable pursuant to this section, whichever is greater.

b. The guaranteed ordinary death benefit provided under this section

to such a beneficiary shall be three times the compensation earnable by

the state employee during his last twelve months of service as a member,

raised to the next higher multiple of one thousand dollars, but in no

event, greater than twenty thousand dollars. Where a member dies before

rendering one year of service, the death benefit pursuant to this

subdivision shall be three times the compensation that the member would

have earned had he worked for twelve months prior to the date of his

death raised to the next higher multiple of one thousand dollars, but in

no event, greater than twenty thousand dollars.

c. For the purposes of this section an employee who dies while off the

payroll shall be considered to be in service provided he or she (1) was

on the payroll in such service and paid within a period of twelve months

prior to his or her death, or was on the payroll in the service upon

which membership is based at the time he or she was ordered to active

duty pursuant to Title 10 of the United States Code, with the armed

forces of the United States or to service in the uniformed services

pursuant to Chapter 43 of Title 38 of the United States Code and died

while on such active duty or service in the uniformed services on or

after June fourteenth, two thousand five, (2) had not been otherwise

gainfully employed since he or she ceased to be on such payroll and (3)

had credit for at least one year of continuous service since he or she

last entered or reentered the service of his or her employer. Provided,

further, that any such member ordered to active duty pursuant to Title

10 of the United States Code, with the armed forces of the United States

or to service in the uniformed services pursuant to Chapter 43 of Title

38 of the United States Code who died prior to rendering the minimum

amount of service necessary to be eligible for this benefit shall be

considered to have satisfied the minimum service requirement.

d. The provisions of this section shall apply in any case where death

occurs on or after the date this section becomes law and prior to July

first, nineteen hundred seventy-four.