Section 13-355. Dependent benefits for surviving spouses and orphans  


Latest version.
  • a. (1)
      Where any member who became a member prior to the starting date  of  the
      improved   benefits  plan  (as  such  date  is  defined  in  subdivision
      twenty-seven of section 13-313 of this  chapter),  elected  to  purchase
      dependent  benefits pursuant to section B19-7.42 of former article one-A
      of former chapter nineteen, and such  member,  prior  to  such  starting
      date,  makes  additional contributions required by sections B19-7.21 and
      B19-7.42 of such  former  article  one-A  to  the  contingent  dependent
      benefit  reserve  fund  provided  for  by  subdivision c of such section
      B19-7.21, and  such  member  on  and  after  such  starting  date  makes
      additional  contributions,  at  the  same  rate to the dependent benefit
      contingent reserve fund provided for by subdivision b of section  13-329
      of  this  subchapter,  dependent  benefits shall be payable on and after
      such starting date with respect  to  such  member  as  provided  for  in
      subdivision  b  of  this section from the dependent benefit reserve fund
      provided for by subdivision a of such section 13-329.
        (2) In any case where prior to such starting date, dependent  benefits
      were  granted  with  respect  to any deceased member or deceased retired
      member pursuant to the provisions of  this  section  and  such  sections
      B19-7.21 and B19-7.42 as then in effect, dependent benefits with respect
      to  such  member shall be payable on and after such starting date to the
      person or persons eligible to receive same pursuant to the provisions of
      subdivision b of this section.
        b.  (1)  Except  as  otherwise  provided  in  paragraph  two  of  this
      subdivision  and  subject  to  the provisions of subdivisions a and d of
      this section, the board shall pay a dependent benefit to  the  surviving
      spouse, child or children or dependent parents of any deceased member if
      the  death of such member occur during his or her service or after he or
      she was retired from service. The amount of any such  dependent  benefit
      to  be  paid by the board to each of the several representatives of such
      member, in case there shall be more than one, from time to time, may  be
      determined  by  such  board according to the circumstances of each case.
      The annual dependent benefit to the representative or representatives of
      such member, however, shall be six hundred dollars, and no part of  such
      sum  shall be paid to any such surviving spouse who shall remarry, after
      such remarriage, or to any child after it shall have reached the age  of
      eighteen years.
        (2)  In  any  case  where  an  original plan member subject to article
      eleven (as defined in subdivision  four-d  of  section  13-313  of  this
      subchapter)  or  an  improved  benefits  plan  member subject to article
      eleven (as defined in subdivision four-j of such section 13-313) who has
      elected  to  contribute  the  additional  deductions  provided  for   by
      subdivision  c  of  section  of  this  subchapter dies during his or her
      service, no dependent benefits shall be paid under this section  to  any
      person by reason of such death; provided, however that the contributions
      of such member to the dependent benefit contingent reserve fund, without
      interest  thereon, if such member was an original plan member subject to
      article eleven at the time  of  his  or  her  death,  and  with  regular
      interest  thereon,  if  such member was an improved benefits plan member
      subject to article eleven at the time of his  or  her  death,  shall  be
      paid,  subject  to  the  determination  of  the board as provided for by
      paragraph one of this subdivision b, to the person or persons who  would
      have been entitled under the provisions of such paragraph one to receive
      a  dependent benefit by reason of such death if such member had not been
      subject to the provisions of article eleven of the retirement and social
      security law at the time of his or her death.
    
        c. Dependent benefits shall be granted pursuant to this section to the
      surviving spouse, child or children or dependent parent or parents of  a
      member:
        (1) only upon satisfaction of the applicable requirements set forth in
      subdivision a of this section, if such member last became a member prior
      to such starting date; and
        (2)  only  if the member, where he or she becomes a member on or after
      such starting date, shall elect to contribute the additional  deductions
      provided for by subdivision c of section 13-329 of this subchapter.
        d.  The benefits granted pursuant to this section shall be in addition
      to any other benefit provided for by this subchapter.