606 - Death benefits.

§  606.  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 six  hundred  three  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; or    2.  A  benefit  upon  the  death  of  a member in service equal to the  member's salary upon his or her 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, the New York city  teachers' retirement system or the New York state and  local  employees'  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 or  she  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 or she last  joined  the  retirement system, the maximum benefit shall be two years' salary;    (d)  If  the  member was age fifty-four when he or she 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  or  she 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  or  she  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, the New York city teachers' retirement system or  the  New  York  state and local employees' 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  per  centum  of  the  benefit  otherwise payable and each year thereafter the  benefit payable shall be reduced by an amount equal to  ten  per  centum  per  year  of  the original benefit otherwise payable, but not below ten  per centum 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 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  benefitotherwise  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.  In  the case of any member of the New York  state and local employees' retirement system who is permitted to  retire  without  regard to age, 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-seven per centum of the benefit  otherwise payable, and each year thereafter the benefit payable shall be  reduced  by an amount equal to three per centum per year of the original  benefit otherwise payable, but not  below  seventy  per  centum  of  the  original  benefit  otherwise payable. In the case of any other member of  the New York state and local employees'  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-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.  Upon  retirement,  from  any retirement system, the  benefit in force shall be reduced by fifty per centum;  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 per centum, and  upon commencement of the third year of retirement, the benefit shall  be  ten  per  centum 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 per centum of  the benefit in force at age sixty, if any, or at the time of  retirement  if  retirement preceded such age. Notwithstanding any other provision of  this paragraph to the contrary, the benefit for a retiree from  the  New  York  state  and local employees' retirement system shall not be reduced  below ten per centum of the benefit in force at the time of retirement.    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 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 thissubdivision and, upon such death, it is determined that the benefit,  as  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 policeman, fireman, correction  officer  or  sanitation  man  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 section six hundred four  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.  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 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.    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 lastpaid 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.