43:15A-41.1 - Eligibility for death benefit;  evidence of insurability

43:15A-41.1.  Eligibility for death benefit;  evidence of insurability
    a.  Any person entitled to become a member of the Public Employees' Retirement System shall not be allowed any of the death benefits established by  sections 38, 41, 45, 46, 48 and 49e, of chapter 84 of the laws of 1954, and by  this act, if on the date he files an application for membership he is 60 or  more years of age or if he makes application for membership beyond the year  after he first became eligible for membership, regardless of age, unless the  member furnishes satisfactory evidence of insurability and on the effective  date of his membership is actively at work and performing all his regular  duties at his customary place of employment.

    The effective date of coverage for such death benefits shall be the first day of the month which immediately follows the date when such evidence is determined to be satisfactory.

    b.  Such evidence of insurability will not be required of any person becoming a member of the Public Employees' Retirement System upon transfer from  another State administered retirement system, if such system provided death  benefits of a similar nature and the transferring member was covered by such  benefits at the time of transfer.  If such transferring member was not covered  by such benefits at the time of the transfer, he may be allowed the death  benefits of the Public Employees' Retirement System subject to the provisions  of subsection a. of this section;  provided, however, that any such member must  furnish satisfactory evidence of insurability under the provisions of  subsection a. of this section if he had been unable or failed to give such  evidence as a member of the system from which he transferred.

    c.  Any person who must furnish satisfactory evidence of insurability under  the provisions of this section and who ceases to be a member of the retirement  system without such evidence having been given, shall continue to be subject to  the same requirement if he subsequently becomes a member.

     L.1971, c. 213, s. 47, eff. June 17, 1971.