Section 60-B. Guaranteed ordinary death benefit for participating employers  


Latest version.
  • (a)  Pursuant to the provisions of section thirty-three of this article,
      a participating employer may elect  to  provide  a  guaranteed  ordinary
      death  benefit  upon  the death in service of its employees who (i) meet
      all the requirements of  section  sixty  of  this  article  except  that
      contained  in  paragraph three of subdivision (a) thereof, and (ii) last
      entered or reentered the employ of a  participating  employer  prior  to
      April  first,  nineteen  hundred eighty-five, and were in such employ on
      March thirty-first, nineteen hundred eighty-five, and (iii) last  joined
      or  rejoined  a  public retirement system of the state or a municipality
      thereof before July first, nineteen hundred seventy-three, and (iv)  had
      not  attained  age sixty at the date of such entrance into such service,
      and (v) had rendered ninety or more days of continuous  service  in  the
      service  of  such participating employer during the fifteen month period
      immediately preceding  death.  For  the  purposes  of  this  section  an
      employee  who  dies  while  off the payroll shall be considered to be in
      service provided he or she (1) 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, (2) had not been otherwise gainfully employed
      since he or she ceased to be on such payroll and (3) 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.  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.
        (b) The guaranteed ordinary death benefit provided under this  section
      to   the   beneficiary  of  such  employee  shall  be  three  times  the
      compensation earnable by him during his last twelve months of service as
      a member, raised to the next higher multiple of  one  thousand  dollars,
      but  in  no  event  greater  than  twenty  thousand  dollars. Where such
      employee dies before rendering one year of service,  the  death  benefit
      pursuant  to this section shall be three times the compensation that the
      member would have earned had he worked for twelve months  prior  to  the
      date  of  his  death, raised to the next higher multiple of one thousand
      dollars, but in no event greater than twenty thousand dollars.
        (c) The beneficiary  shall  receive  the  benefits  provided  by  this
      section  or  those  provided by section sixty of this article, whichever
      are greater.
        (d) The provisions of this section shall apply in the  case  of  death
      occurring  on or after this section becomes law and prior to July first,
      nineteen hundred seventy-four.