Section 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 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 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 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,  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  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.
    * NB Expires June 30, 2011