N.Y. Retirement & Social Security Law § 657: Survivor's benefit for retired state employees

§ 657. Survivor's benefit for retired state employees. 1. a. The term

"retired state employee" as used in this section shall mean a former

employee or officer of the state (1) who while in state service retired

for any cause from any retirement system or pension plan supported by

funds of the state other than the state university optional retirement

program of article eight-B of the education law or the education

department optional retirement program of article three, part V, of the

education law, or (2) who while in state service retired for any cause

from either or both such optional retirement programs provided he or she

had thereupon attained age fifty-five, or (3) who terminated state

service for any cause on or after the attainment of age sixty-two; and

who, at the time he or she retired pursuant to subparagraph one or two

of this paragraph or terminated service pursuant to subparagraph three

of this paragraph, had ten or more years of full time service as a state

employee, provided that the ten years' full time service were within the

last fifteen years prior to such retirement or termination. For purposes

of this section, no person shall be deemed to be or have been an

employee or officer of the state or in the state service for any period

during which his or her salary was not paid directly by the state,

except a person employed in an institution specified in paragraph b of

this subdivision or a person employed in an authority or commission

specified in paragraph c of this subdivision.

b. For all purposes of this section alone, the state colleges of

agriculture, home economics, industrial and labor relations, and

veterinary medicine, the state agricultural experiment station at

Geneva, and any other institution or agency under the management and

control of Cornell university, as the representative of the board of

trustees of the state university of New York, and the state college of

ceramics under the management and control of Alfred university, as the

representative of the board of trustees of the state university of New

York shall be deemed to be the state.

c. For the purpose of determining eligibility for benefits under this

section, previous service rendered as an employee of an authority or

commission established under the public authorities law shall be

credited to a retired state employee as state service, provided such

authority or commission has in effect, at the time of retirement of such

retired employee, a provision for a survivor's benefit which is

substantially equivalent to that provided in this section and in which

previous state service is credited to retired authority or retired

commission employees toward eligibility for such survivor's benefit.

d. For the purpose of determining eligibility for benefits under this

section, no retired state employee who retired prior to October first,

nineteen hundred sixty-six shall be eligible for benefits hereunder

unless such retiree is a pensioner of the New York state and local

employees' retirement system or the New York state and local police and

fire retirement system.

2. The amount of a survivor's benefit under this section shall be a

lump sum of two thousand dollars, except that where a retired state

employee dies while reemployed as provided in subdivision four of this

section or dies within thirty days following retirement pursuant to

subdivision one of this section, the amount of the survivor's benefit

under this section, if any, shall be two thousand dollars less any

ordinary death benefit, exclusive of any ordinary death benefit

attributable to the reserve-for-increased-take-home-pay, payable on

account of the death of such employee under a retirement system or

pension plan supported by funds of the state.

3. In addition to the benefit provided pursuant to subdivision two of

this section an additional benefit shall be provided on behalf of

retired state employees who retire or terminate their services, as

defined by subdivision one of this section, on or after April first,

nineteen hundred seventy, except, however, such additional benefits

shall be provided on behalf of retired state employees who were members

of the state police in a collective negotiating unit consisting of

commissioned officers established pursuant to article fourteen of the

civil service law who retire or terminate their services, as defined by

subdivision one of this section, on or after April first, nineteen

hundred seventy-one, and on behalf of retired state employees who were

members of the state police in a collective negotiating unit defined in

the certification of the public employment relations board dated

December twenty-ninth, nineteen hundred seventy in case numbers C-0570

and C-0575 established pursuant to article fourteen of the civil service

law who retire or terminate their services, as defined by subdivision

one of this section, on or after April first, nineteen hundred

seventy-two, of one thousand dollars, except that where such retired

state employee dies while reemployed as provided in subdivision five of

this section or dies within thirty days following retirement pursuant to

subdivision one of this section, the amount of the survivor's benefit

under this section, if any, shall be three thousand dollars less any

ordinary death benefit, exclusive of any ordinary death benefit

attributable to the reserve-for-increased-take-home-pay, payable on

account of the death of such employee under a retirement system or

pension plan supported by funds of the state in lieu of the survivor's

benefits specified in subdivision two of this section.

4. A survivor's benefit under this section shall not be payable in any

case in which a survivor's benefit is payable pursuant to section six

hundred fifty-five of this chapter.

5. The eligibility for survivor's benefit protection provided by this

section of a retired state employee who subsequently reenters state

service, or enters the service of a participating employer of a

retirement system or pension plan supported by funds of the state, shall

continue but only until such employee attains eligibility either for

coverage under the survivor's benefit program provided by section six

hundred fifty-five of this article or for payment of an ordinary death

benefit of two thousand dollars or more, exclusive of any ordinary death

benefit attributable to the reserve-for-increased-take-home-pay, payable

on account of the death of such employee under such a retirement system

or pension plan. Each time such employee leaves state service, or the

service of such a participating employer, and loses the eligibility

attained following such entry or reentry, such employee shall again

become eligible for payment of a survivor's benefit provided by this

section.

6. The survivor's benefit payable under this section shall be paid to

such person or persons as the retired state employee shall have last

nominated to receive benefits under a retirement option of the

retirement system or pension plan supported by funds of the state of

which such employee last became a member, or if such employee did not

nominate such a beneficiary, or if such beneficiary has died, or if the

employee was not a member of such a retirement system or pension plan,

to the person last specifically designated by such employee to receive

the survivor's benefit under this section on a form prescribed by and

filed with the state comptroller. In the event such a designated

beneficiary does not survive such employee, or if a beneficiary was not

designated, the survivor's benefit shall be payable to the estate of the

retired state employee or as provided in section thirteen hundred ten of

the surrogate's court procedure act.

7. The survivor's benefit fund provided for by subdivision seven of

section six hundred fifty-five of this article shall be the fund from

which survivor's benefit payments pursuant to this section shall be

paid.

8. The state comptroller shall prescribe such regulations as may be

required for the effective administration and implementation of the

provisions of this section including the establishment of criteria for

determining eligibility for payment under this section. The state

comptroller may enter into agreement with other agencies to perform such

duties as may be necessary to implement the provisions of this section.

9. a. Every state department or agency shall promptly inform the state

comptroller of the retirement or termination, as defined by subdivision

one of this section, of any employee on whose behalf a survivor's

benefit under this section may be payable. Such employer shall set forth

the relevant state employment record of the employee and such other

information as is required by the form to be prescribed by the state

comptroller.

b. Every public retirement system or pension plan within the state

shall promptly inform the state comptroller of the death of any member

on whose behalf a survivor's benefit under this section may be payable.

Such system or plan shall set forth the name or names of the beneficiary

or beneficiaries, if any, last designated by the member under any

retirement option selected and such other information as is required by

the form to be prescribed by the state comptroller.

10. A designated beneficiary of every retired state employee who filed

a designation of beneficiary form with the state comptroller must file

an application with the state comptroller for a survivor's benefit under

this section within six months after the death of such employee in order

to qualify for the survivor's benefit provided by this section. For good

cause shown, the state comptroller may waive this time requirement.

11. The provisions of this section shall apply to retired state

employees who retire or terminate their service, as defined by

subdivision one of this section, on or before June thirtieth, nineteen

hundred seventy-four, provided, however, that nothing herein shall be

deemed to apply to any employee who retired on or before September

thirtieth, nineteen hundred sixty-six and who died prior to the

effective date of this subdivision.