N.Y. Retirement & Social Security Law § 60-b: Guaranteed ordinary death benefit for participating employers

§ 60-b. Guaranteed ordinary death benefit for participating employers.

(a) Pursuant to the provisions of section thirty-three of this article,

a participating employer may elect to provide a guaranteed ordinary

death benefit upon the death in service of its employees who (i) meet

all the requirements of section sixty of this article except that

contained in paragraph three of subdivision (a) thereof, and (ii) last

entered or reentered the employ of a participating employer prior to

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

March thirty-first, nineteen hundred eighty-five, and (iii) last joined

or rejoined a public retirement system of the state or a municipality

thereof before July first, nineteen hundred seventy-three, and (iv) had

not attained age sixty at the date of such entrance into such service,

and (v) had rendered ninety or more days of continuous service in the

service of such participating employer during the fifteen month period

immediately preceding death. 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 one or more years 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.

(b) The guaranteed ordinary death benefit provided under this section

to the beneficiary of such employee shall be three times the

compensation earnable by him 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 such

employee dies before rendering one year of service, the death benefit

pursuant to this section 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) The beneficiary shall receive the benefits provided by this

section or those provided by section sixty of this article, whichever

are greater.

(d) The provisions of this section shall apply in the case of death

occurring on or after this section becomes law and prior to July first,

nineteen hundred seventy-four.