Death Gamble Law Police Groups ONLY
§ 448. Death benefits. a. A member of a retirement system who is
subject to the provisions of this article, exclusive of those members
for whom provision is made pursuant to subdivision b of this section,
shall, at the time of first becoming a member thereof, make an election,
which shall be irrevocable, for coverage for financial protection in the
event of death in service, between the two following benefits:
1. A benefit upon the death of a member in service equal to one
month's salary for each full year of service up to a maximum of three
years' salary upon the completion of thirty-six full years of service,
or in the event that a member is eligible to retire without benefit
reduction pursuant to section four hundred forty-two of this article, a
benefit equal to the pension reserve, if any, which would have been
payable to such member had he entered prior to the effective date of
this article and died in service, subject to the benefit limitations set
forth in section four hundred forty-four of this article, if this
alternative provides a greater benefit, or;
2. A benefit upon the death of a member in service equal to the
member's salary upon his completion of one year of service, two years'
salary upon completion of two years of service, and three years' salary
upon completion of three years of service. In the case of a member of a
retirement system other than the New York state teachers' retirement
system, the New York city employees' retirement system, the New York
city board of education retirement system or the New York city teachers'
retirement system, such benefit shall be subject to the following
limitations:
(a) If the member last joined the retirement system prior to
attainment of age fifty-two, the maximum benefit shall be three years'
salary;
(b) If the member was age fifty-two when he last joined the retirement
system, the maximum benefit shall be two and one-half times annual
salary;
(c) If the member was age fifty-three when he last joined the
retirement system, the maximum benefit shall be two years' salary;
(d) If the member was age fifty-four when he last joined the
retirement system, the maximum benefit shall be one and one-half times
annual salary;
(e) If the member was age fifty-five or older but under age sixty-five
when he last joined the retirement system, the maximum benefit shall be
one year's salary; and
(f) If the member was age sixty-five or older when he last joined the
retirement system, the maximum benefit shall be one thousand dollars.
In the case of a member of a retirement system other than the New York
state teachers' retirement system, the New York city employees'
retirement system, the New York city board of education retirement
system or the New York city teachers' retirement system, commencing upon
attainment of age sixty-one, the benefit otherwise provided pursuant to
this paragraph shall be reduced while the member is in service to ninety
percentum of the benefit otherwise payable and each year thereafter the
benefit payable shall be reduced by an amount equal to ten percentum per
year of the original benefit otherwise payable, but not below ten
percentum of the original benefit otherwise payable.
In the case of a member of the New York state teachers' retirement
system, commencing upon attainment of age sixty-one, the benefit
otherwise provided pursuant to this paragraph two shall be reduced while
the member is in service to ninety-six per centum of the benefit
otherwise payable and each year thereafter the benefit payable shall be
reduced by an amount equal to four per centum per year of the original
benefit otherwise payable, but not below sixty per centum of the
original benefit otherwise payable. In the case of a member of the New
York city employees' retirement system, the New York city board of
education retirement system or the New York city teachers' retirement
system, commencing upon attainment of age sixty-one, the benefit
otherwise provided pursuant to this paragraph shall be reduced while the
member is in service to ninety-five per centum of the benefit otherwise
payable and each year thereafter the benefit payable shall be reduced by
an amount equal to five per centum per year of the original benefit
otherwise payable, but not below fifty per centum of the original
benefit otherwise payable. Upon retirement from any retirement system,
the benefit in force shall be reduced by fifty percentum; upon
completion of the first year of retirement, the benefit in force at the
time of retirement shall be reduced by an additional twenty-five
percentum, and upon commencement of the third year of retirement, the
benefit shall be ten percentum of the benefit in force at age sixty, if
any, or at the time of retirement if retirement preceded such age;
provided, however, the benefit in retirement shall not be reduced below
ten percentum of the benefit in force at age sixty, if any, or at the
time of retirement if retirement preceded such age.
3. If a member dies in service without having made the election
specified in this subdivision within ninety days after first becoming a
member, or within the period prescribed by the retirement system of
which he is a member if such period is less than ninety days, he shall
be deemed to have made the election specified in paragraph two.
4. Notwithstanding any other provision of this article, any member of
the New York state teachers' retirement system who joined on or after
July first, nineteen hundred seventy-three and before July first,
nineteen hundred seventy-four may change the election set forth in this
subdivision by filing a new election on or before June thirtieth,
nineteen hundred eighty-nine. The election filed pursuant to this
paragraph shall be irrevocable.
5. Notwithstanding any provision of this article, a member of a
retirement system subject to the provisions of this article who last
joined such system on or after January first, two thousand one who is
not covered by the death benefit calculation provided in subdivision b
of this section shall, upon a qualifying death, be covered by the death
benefit calculation provided pursuant to paragraph two of this
subdivision and shall not be entitled to elect between the death benefit
calculations provided in paragraphs one and two of this subdivision. Any
individual who last joined such system before January first, two
thousand one who is not covered by the death benefit calculation
provided in subdivision b of this section shall be covered, upon a
qualifying death, by the death benefit calculation provided by paragraph
two of this subdivision unless such individual had timely elected death
benefit coverage under the calculation provided by paragraph one of this
subdivision and, upon such death, it is determined that the benefit, s
calculated under such paragraph one would be greater than as calculated
under such paragraph two, in which case the benefit calculated under
such paragraph one shall be payable.
b. A member of a retirement system subject to the provisions of this
article who is a police officer, firefighter, correction officer or
sanitation worker and is in a plan which permits immediate retirement
upon completion of a specified period of service without regard to age
or who is subject to the provisions of subdivision b of section four
hundred forty-five of this article, shall upon completion of ninety days
of service be covered for financial protection in the event of death in
service pursuant to this subdivision.
1. Such death benefit shall be equal to three times the member's
salary raised to the next highest multiple of one thousand dollars, but
in no event shall it exceed three times the maximum salary specified in
section one hundred thirty of the civil service law or, in the case of a
member of a retirement system other than the New York city employees'
retirement system, the New York city police pension fund, subchapter two
or the New York city fire department pension fund, subchapter two, the
specific limitations specified for age of entrance into service
contained in subparagraphs (b), (c), (d), (e) and (f) of paragraph two
of subdivision a of this section.
2. Provided further, notwithstanding any other provision of this
article to the contrary, where the member is a police officer or
firefighter and would have been entitled to a service retirement benefit
at the time of his or her death and where his or her death occurs on or
after July first, two thousand, the beneficiary or beneficiaries
nominated for the purposes of this subdivision may elect to receive, in
a lump sum, an amount payable which shall be equal to the pension
reserve that would have been established had the member retired on the
date of his or her death, or the value of the death benefit and the
reserve-for-increased-take-home-pay, if any, whichever is greater,
provided further that where such police officer or firefighter dies on
or after July first, two thousand, after having retired from service,
but before a first payment of a retirement allowance, such person shall
be deemed to have been in service at the time of his or her death for
the purposes of this subdivision only, and provided further that the
pension reserve established pursuant to this paragraph for a person who
dies after retiring from service, but before first payment of a
retirement allowance, shall be determined as of the date of retirement
and any pension payments payable for the period of time prior to the
retiree's death shall be deducted from any benefits payable pursuant to
this subdivision.
c. For the purpose of this section, salary shall be the regular
compensation earned during the member's last twelve months of service in
full pay status as a member or, if he had not completed twelve months of
service prior to the date of death, but was subject to the provisions of
subdivision b of this section, the compensation he would have earned had
he worked for the twelve months prior to such date; provided, however,
for the purpose of this section salary shall exclude any form of
termination pay (which shall include any compensation in anticipation of
retirement), or any lump sum payment for deferred compensation sick
leave, or accumulated vacation credit or any other payment for time not
worked (other than compensation received while on sick leave or
authorized leave of absence) and in no event shall it exceed the maximum
salary specified in section one hundred thirty of the civil service law.
d. The benefits provided pursuant to this section are in lieu of all
other benefits provided by this or any other state or local law
exclusive of a benefit provided under the workmen's compensation law,
the civil service law or group life insurance; provided, however, a
beneficiary of a member eligible for a benefit as the result of a
service connected accident, may elect to receive such other benefit in
lieu of the benefit provided pursuant to this section.
e. For the purposes of this section:
1. A member who dies while off the payroll shall be considered to be
in service provided he or she (a) 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, other than for training purposes,
pursuant to Title 10 of the United States Code, with the armed forces of
the United States and died while on such active duty on or after the
effective date of the chapter of the laws of two thousand five which
amended this subdivision, (b) had not been otherwise gainfully employed
since he or she ceased to be on such payroll and (c) 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; notwithstanding any other
provision of law to the contrary, a member of the New York city
employees' retirement system or the board of education retirement system
of the city of New York shall be deemed to have died on the payroll for
the purposes of this section in the event that death occurs while such
member is on an authorized leave of absence without pay for medical
reasons which has continuously been in effect since the member was last
paid on the payroll in such service, provided, however, that such member
was on the payroll in such service and paid within the four-year period
prior to his or her death; and
2. The benefit payable shall be in addition to any payment made on
account of a member's accumulated contributions.
3. Provided, further, that any such member ordered to active duty,
other than for training purposes, pursuant to Title 10 of the United
States Code, with the armed forces of the United States 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.
f. Notwithstanding the provisions of any other law to the contrary and
solely for the purpose of determining eligibility for the death benefit
payable pursuant to this section, a person subject to this section shall
be considered to have died while in teaching service provided such
person was in such service at the time he or she was ordered to active
duty, other than for training purposes, pursuant to Title 10 of the
United States Code, with the armed forces of the United States and died
while on such active duty on or after the effective date of the chapter
of the laws of two thousand five which added this subdivision. Provided,
further, that any such person ordered to active duty, other than for
training purposes, pursuant to Title 10 of the United States Code, with
the armed forces of the United States 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 requirements.
