N.Y. Retire. & Soc. Sec. Law § 508

§ 508. Death benefits. a. A member of a retirement system who is\nsubject to the provisions of this article, exclusive of those members\nfor whom provision is made pursuant to subdivision b of this section,\nshall, at the time of first becoming a member thereof, make an election,\nwhich shall be irrevocable, for coverage for financial protection in the\nevent of death in service, between the two following benefits:\n 1. A benefit upon the death of a member in service equal to one\nmonth's salary for each full year of service up to a maximum of three\nyears' salary upon the completion of thirty-six full years of service,\nor in the event that a member is eligible to retire without benefit\nreduction pursuant to section five hundred three of this article, a\nbenefit equal to the pension reserve, if any, which would have been\npayable to such member had he entered prior to the effective date of\nthis article and died in service; or\n 2. A benefit upon the death of a member in service equal to the\nmember's salary upon his or her completion of one year of service, two\nyears' salary upon completion of two years of service, and three years'\nsalary upon completion of three years of service. In the case of a\nmember of a retirement system other than the New York state teachers'\nretirement system, the New York city employees' retirement system, the\nNew York city board of education retirement system, the New York city\nteachers' retirement system, or the New York state and local employees'\nretirement system, such benefit shall be subject to the following\nlimitations:\n (a) If the member last joined the retirement system prior to\nattainment of age fifty-two, the maximum benefit shall be three years'\nsalary;\n (b) If the member was age fifty-two when he or she last joined the\nretirement system, the maximum benefit shall be two and one-half times\nannual salary;\n (c) If the member was age fifty-three when he or she last joined the\nretirement system, the maximum benefit shall be two years' salary;\n (d) If the member was age fifty-four when he or she last joined the\nretirement system, the maximum benefit shall be one and one-half times\nannual salary;\n (e) If the member was age fifty-five or older but under age sixty-five\nwhen he or she last joined the retirement system, the maximum benefit\nshall be one year's salary; and\n (f) If the member was age sixty-five or older when he or she last\njoined the retirement system, the maximum benefit shall be one thousand\ndollars.\n In the case of a member of a retirement system other than the New York\nstate teachers' retirement system, the New York city employees'\nretirement system, the New York city board of education retirement\nsystem, the New York city teachers' retirement system, or the New York\nstate and local employees' retirement system, commencing upon attainment\nof age sixty-one, the benefit otherwise provided pursuant to this\nparagraph shall be reduced while the member is in service to ninety per\ncentum of the benefit otherwise payable and each year thereafter the\nbenefit payable shall be reduced by an amount equal to ten per centum\nper year of the original benefit otherwise payable, but not below ten\nper centum of the original benefit otherwise payable.\n Notwithstanding any other provision of this paragraph, in the case of\na member of the New York state teachers' retirement system, commencing\nupon attainment of age sixty-one, the benefit otherwise provided\npursuant to this paragraph shall be reduced while the member is in\nservice to ninety-six per centum of the benefit otherwise payable, and\neach year thereafter the benefit payable shall be reduced by an amount\nequal to four per centum per year of the original benefit otherwise\npayable, but not below sixty per centum of the original benefit\notherwise payable. In the case of a member of the New York city\nemployees' retirement system, the New York city board of education\nretirement system or the New York city teachers' retirement system,\ncommencing upon attainment of age sixty-one, the benefit otherwise\nprovided pursuant to this paragraph shall be reduced while the member is\nin service to ninety-five per centum of the benefit otherwise payable\nand each year thereafter the benefit payable shall be reduced by an\namount equal to five per centum per year of the original benefit\notherwise payable, but not below fifty per centum of the original\nbenefit otherwise payable. In the case of any member of the New York\nstate and local employees' retirement system who is permitted to retire\nwithout regard to age, commencing upon attainment of age sixty-one, the\nbenefit otherwise provided pursuant to this paragraph shall be reduced\nwhile the member is in service to ninety-seven per centum of the benefit\notherwise payable, and each year thereafter the benefit payable shall be\nreduced by an amount equal to three per centum per year of the original\nbenefit otherwise payable, but not below seventy per centum of the\noriginal benefit otherwise payable. In the case of any other member of\nthe New York state and local employees' retirement system, commencing\nupon attainment of age sixty-one, the benefit otherwise provided\npursuant to this paragraph shall be reduced while the member is in\nservice to ninety-six per centum of the benefit otherwise payable, and\neach year thereafter the benefit payable shall be reduced by an amount\nequal to four per centum per year of the original benefit otherwise\npayable, but not below sixty per centum of the original benefit\notherwise payable. Upon retirement from any retirement system, the\nbenefit in force shall be reduced by fifty per centum; upon completion\nof the first year of retirement, the benefit in force at the time of\nretirement shall be reduced by an additional twenty-five per centum, and\nupon commencement of the third year of retirement, the benefit shall be\nten per centum of the benefit in force at age sixty, if any, or at the\ntime of retirement if retirement preceded such age; provided, however,\nthe benefit in retirement shall not be reduced below ten per centum of\nthe benefit in force at age sixty, if any, or at the time of retirement\nif retirement preceded such age. Notwithstanding any other provision of\nthis paragraph to the contrary, the benefit for a retiree from the New\nYork state and local employees' retirement system shall not be reduced\nbelow ten per centum of the benefit in force at the time of retirement.\n 3. If a member dies in service without having made the election\nspecified in this subdivision within ninety days after first becoming a\nmember, or within the period prescribed by the retirement system of\nwhich he is a member if such period is less than ninety days, he shall\nbe deemed to have made the election specified in paragraph two.\n 4. Notwithstanding any provision of this article, a member of a\nretirement system subject to the provisions of this article who last\njoined such system on or after January first, two thousand one who is\nnot covered by the death benefit calculation provided in subdivision b\nof this section shall, upon a qualifying death, be covered by the death\nbenefit calculation provided pursuant to paragraph two of this\nsubdivision and shall not be entitled to elect between the death benefit\ncalculations provided in paragraphs one and two of this subdivision. Any\nindividual who last joined such system before January first, two\nthousand one who is not covered by the death benefits calculation\nprovided in subdivision b of this section shall be covered, upon a\nqualifying death, by the death benefit calculation provided by paragraph\ntwo of this subdivision unless such individual had timely elected death\nbenefit coverage under the calculation provided by paragraph one of this\nsubdivision and, upon such death, it is determined that the benefit, as\ncalculated under such paragraph one would be greater than as calculated\nunder such paragraph two, in which case the benefit calculated under\nsuch paragraph one shall be payable.\n b. A member of a retirement system subject to the provisions of this\narticle who is a policeman, fireman, correction officer, investigator\nrevised plan member or sanitation man and is in a plan which permits\nimmediate retirement upon completion of a specified period of service\nwithout regard to age or who is subject to the provisions of section\nfive hundred four or five hundred five of this article, shall upon\ncompletion of ninety days of service be covered for financial protection\nin the event of death in service pursuant to this subdivision. Such\ndeath benefit shall be equal to three times the member's salary raised\nto the next highest multiple of one thousand dollars, but in no event\nshall it exceed three times the maximum salary specified in section one\nhundred thirty of the civil service law or, in the case of a member of a\nretirement system other than the New York city employees' retirement\nsystem, or in the case of a member of the New York city employees'\nretirement system who is a New York city uniformed correction/sanitation\nrevised plan member or an investigator revised plan member, the specific\nlimitations specified for age of entrance into service contained in\nsubparagraphs (b), (c), (d), (e) and (f) of paragraph two of subdivision\na of this section.\n c. 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, but was subject to the\nprovisions of subdivision b of this section, the compensation he or she\nwould have earned had he or she worked for the twelve months prior to\nsuch date; provided, however, for the purpose of this section salary\nshall exclude any form of termination pay (which shall include any\ncompensation in anticipation of retirement), or any lump sum payment for\ndeferred compensation sick leave, or accumulated vacation credit or any\nother payment for time not worked (other than compensation received\nwhile on sick leave or authorized leave of absence) and in no event\nshall it exceed the maximum salary specified in section one hundred\nthirty of the civil service law, as added by part B of chapter ten of\nthe laws of two thousand eight, or the maximum salary specified in\nsection one hundred thirty of the civil service law, as hereafter\namended, whichever is greater.\n d. The benefits provided pursuant to this section are in lieu of all\nother benefits provided by this or any other state or local law\nexclusive of a benefit provided under the workmen's compensation law,\nthe civil service law or group life insurance; provided, however, a\nbeneficiary of a member eligible for a benefit as the result of a\nservice connected accident, may elect to receive such other benefit in\nlieu of the benefit provided pursuant to this section.\n e. For the purposes of this section:\n 1. A member who dies while off the payroll shall be considered to be\nin service provided he or she (a) was on the payroll in such service and\npaid within a period of twelve months prior to his or her death, or was\non the payroll in the service upon which membership is based at the time\nhe or she was ordered to active duty pursuant to Title 10 of the United\nStates Code, with the armed forces of the United States or to service in\nthe uniformed services pursuant to Chapter 43 of Title 38 of the United\nStates Code and died while on such active duty or service in the\nuniformed services on or after June fourteenth, two thousand five, (b)\nhad not been otherwise gainfully employed since he or she ceased to be\non such payroll and (c) had credit for one or more years of continuous\nservice since he or she last entered or reentered the service of his or\nher employer; and\n 2. The benefit payable shall be in addition to any payment made on\naccount of a member's accumulated contributions.\n 3. Provided, further, that any such member ordered to active duty\npursuant to Title 10 of the United States Code, with the armed forces of\nthe United States or to service in the uniformed services pursuant to\nChapter 43 of Title 38 of the United States Code who died prior to\nrendering the minimum amount of service necessary to be eligible for\nthis benefit shall be considered to have satisfied the minimum service\nrequirement.\n f. With respect to a member of the New York state and local employees'\nretirement system who was covered by paragraph two of subdivision a of\nthe former section five hundred eight of this chapter, as added by\nchapter eight hundred ninety of the laws of nineteen hundred\nseventy-six, prior to its repeal pursuant to chapter six hundred\nseventeen of the laws of nineteen hundred eighty-six and who is entitled\nunder the state constitution to have benefits calculated under such\nprovision as it read prior to such nineteen hundred eighty-six\namendment, the lump sum death benefit shall be determined pursuant to\nsubdivision a of this section. With respect to a member of the New York\nstate and local employees' retirement system who was covered by\nsubdivision b of the former section five hundred eight of this chapter,\nas added by chapter eight hundred ninety of the laws of nineteen hundred\nseventy-six, prior to its repeal pursuant to chapter six hundred\nseventeen of the laws of nineteen hundred eighty-six and who is entitled\nunder the state constitution to have benefits calculated under such\nprovision as it read prior to such nineteen hundred eighty-six\namendment, the lump sum death benefit shall be determined pursuant to\nsubdivision a of this section.\n