{"data":{"id":"us-ny/n.y.-retirement-social-security-law-361-a","jurisdiction":"us-ny","citation":"N.Y. Retirement \u0026 Social Security Law § 361-a","heading":"Special accidental death benefit","body":"* § 361-a. Special accidental death benefit. a. Notwithstanding any\nother provision of law, a widow or widower or the deceased member's\nchildren under the age of eighteen or, if a student, under the age of\ntwenty-three, if the widow or widower has died who is or are receiving\nthe accidental death benefit provided by section three hundred sixty-one\nof this chapter, shall also be paid the special accidental death benefit\nauthorized by this section.\n b. The special accidental death benefit shall be payable from the\npension accumulation fund, and shall consist of a pension which is equal\nto the salary of the deceased member reduced by the sum of each of the\nfollowing benefits received by the widow or widower or the deceased\nmember's children under the age of eighteen or, if a student, under the\nage of twenty-three, if the widow or widower has died, on account of the\ndeath of the deceased member:\n 1. The total accidental death benefit, without a reduction pursuant to\nsection three hundred sixty-four of this chapter, and\n 2. The social security benefit payable on July first, nineteen hundred\nseventy-eight for death occurring prior to July first, nineteen hundred\nseventy-eight; or the social security benefit payable immediately after\ndeath if such death occurs on or after July first, nineteen hundred\nseventy-eight. In the event the social security benefit is reduced to an\namount less than that noted in this paragraph, the amount of special\naccidental death benefit shall be increased by the amount of the social\nsecurity reduction.\n In the case of a deceased member who died prior to January first,\nnineteen hundred seventy-eight the salary shall be increased by a\npercentage which shall be determined on the basis of the consumer price\nindex (all items--U.S. city average), published by the United States\nbureau of labor statistics. The percentage shall be determined as the\nratio of two indexes, the denominator of which is the average of the\ntwelve monthly consumer price indexes of the calendar year of the death\nof the member and the numerator of which is the average of the twelve\nmonthly consumer price indexes for the calendar year nineteen hundred\nseventy-seven. Said ratio, minus one, shall be expressed as a percentage\nand shall be adjusted to the nearest one-tenth of one per centum.\n c. Commencing July first, two thousand twenty-six the special\naccidental death benefit paid to a widow or widower or the deceased\nmember's children under the age of eighteen or, if a student, under the\nage of twenty-three, if the widow or widower has died, shall be\nescalated by adding thereto an additional percentage of the salary of\nthe deceased member, as increased pursuant to subdivision b of this\nsection, in accordance with the following schedule:\n calendar year of death\n of the deceased member per centum\n 1977 or prior 325.6%\n 1978 313.2%\n 1979 301.2%\n 1980 289.5%\n 1981 278.2%\n 1982 267.1%\n 1983 256.5%\n 1984 246.1%\n 1985 236.0%\n 1986 226.2%\n 1987 216.7%\n 1988 207.5%\n 1989 198.5%\n 1990 189.8%\n 1991 181.4%\n 1992 173.2%\n 1993 165.2%\n 1994 157.5%\n 1995 150.0%\n 1996 142.7%\n 1997 135.7%\n 1998 128.8%\n 1999 122.1%\n 2000 115.7%\n 2001 109.4%\n 2002 103.3%\n 2003 97.4%\n 2004 91.6%\n 2005 86.0%\n 2006 80.6%\n 2007 75.4%\n 2008 70.2%\n 2009 65.3%\n 2010 60.5%\n 2011 55.8%\n 2012 51.3%\n 2013 46.9%\n 2014 42.6%\n 2015 38.4%\n 2016 34.4%\n 2017 30.5%\n 2018 26.7%\n 2019 23.0%\n 2020 19.4%\n 2021 15.9%\n 2022 12.6%\n 2023 9.3%\n 2024 6.1%\n 2025 3.0%\n 2026 0.0%\n d. For the purpose of this section, salary shall be the regular\ncompensation earned during the member's last twelve months of service in\nfull pay status as a member, or, if he or she had not completed twelve\nmonths of service prior to the date of death, the compensation he or she\nwould have earned had he or she worked for the twelve months prior to\nsuch date, provided that for the purpose of any payment on or after\nJanuary first, two thousand one the term salary shall in no case be less\nthan the full salary payable to a police officer in the highest\ngrade-step (in the case of a deceased police officer) or a firefighter\nin the highest grade-step (in the case of a deceased firefighter) while\nemployed by a department or uniformed force on the date of such\nemployee's death. Provided further that for the purpose of any payment\non or after January first, two thousand one, the term salary shall in no\ncase be less than the earnings that would have been payable to a police\nsuperior officer were he or she in the highest grade-step of a\nsupervisory position (in the case of a police superior officer deceased\non or after January first, two thousand one who had been appointed to\nand was serving in such a supervisory position) or payable to a fire\nofficer were he or she in the highest grade-step of a supervisory\nposition (in the case of a fire officer deceased on or after January\nfirst, two thousand one who had been appointed to and was serving in\nsuch a supervisory position) employed by a department or uniformed force\non the date of such employee's death.\n e. The special accidental death benefit shall be paid to:\n 1. The member's widow or widower to continue during his or her\nlifetime. If he or she shall leave no widow or widower, or if his or\nher widow or widower shall die before all his or her children shall have\nattained age eighteen or, if a student, shall have attained the age of\ntwenty-three or sooner die, then to\n 2. His or her child or children under age eighteen or, if a student,\nunder the age of twenty-three, divided in such manner as the\ncomptroller, in his discretion, shall determine. Such pension shall\ncontinue in the same amount as received by the member's widow or widower\nas a joint and survivor pension until every such child shall have\nattained age eighteen or, if a student, attained the age of twenty-three\nor sooner die.\n f. For purposes of this section, the term \"student\" means a person\nenrolled in an accredited institution of higher education for at least\ntwelve semester hours for a semester of not less than fifteen weeks,\ninclusive of examination periods; or eight semester hours a quarter; or,\nin programs not organized on a semester or quarter basis, twenty-four\nsemester hours for an academic year of not more than twelve months or\nthe equivalent, as determined by the commissioner of education. A\nstudent shall be considered full-time for a program organized on an\nacademic-year basis only if the student has filed a plan of study with\nthe institution for the entire academic year.\n * NB There are 2 § 361-a's","path":["Retirement \u0026 Social Security Law","Article 8. New York State and Local Police and Fire Retirement System","Title 8. Death Benefits and Disability Retirement"],"source_url":"https://legislation.nysenate.gov/api/3/laws/RSS/361-A","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"a32cec84df50efdcedd2f98e411635a5ce2a49492599bf4045167bc438a5444e","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-retirement-social-security-law-361","next":"us-ny/n.y.-retirement-social-security-law-361-a-2"},"notice":"GroundRules: Original legal text. Not legal advice."}