N.Y. Retirement & Social Security Law § 607: Accidental death benefits

§ 607. Accidental death benefits. a. The eligible beneficiary of a

member in service, or of a vested member who dies as a result of a

qualifying World Trade Center condition as defined in section two of

this chapter, shall be entitled to an accidental death benefit in the

form of a pension equal to fifty percent of such member's wages earned

during his or her last year of actual service or his or her annual wage

rate if he or she was credited with less than one year of service since

last becoming a member, if, upon application filed within five years

after the death of the member, the head of the retirement system

determines that such member died before the effective date of

retirement, as the natural and proximate result of an accident not

caused by his or her own willful negligence sustained in the performance

of his or her duties in active service and while actually a member of

the retirement system.

Notwithstanding the provisions of section two hundred forty-two, two

hundred forty-three or two hundred forty-four of the military law or the

provisions of any other law to the contrary and solely for the purpose

of determining eligibility for an accidental death benefit, a member

shall be considered to have died as the natural and proximate result of

an accident sustained in the performance of duty provided such member

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.

Provided, however, the head of the retirement system in its sole

discretion may accept an application for an accidental death benefit

after the expiration of the applicable filing period, where, but only

where, an ordinary death benefit has not been previously paid.

b. If an eligible beneficiary receiving the accidental death benefit

hereunder becomes ineligible to continue to receive such benefit, the

benefit shall be continued for all other members of the eligible class

of beneficiaries and, if none, to each successive class, if any, during

their eligibility therefor.

c. If the aggregate benefits under the provisions of this section have

not exceeded the amount of the ordinary lump sum death benefit because

of the absence of eligible beneficiaries or because those beneficiaries

formerly eligible are no longer eligible for payments pursuant to

section six hundred one of this article, then the difference between the

amounts, if any, paid under this section and the amount of the ordinary

lump sum death benefit shall be paid to:

1. The last eligible beneficiary or beneficiaries, if surviving, who

were receiving pension payments hereunder or, if none

2. The distributees of the member, if there were no eligible

beneficiaries at the member's death, or the persons who would be

distributees of the member had he or she died intestate on the date that

the last eligible beneficiary died or became ineligible.