Section 360. Ordinary death benefit

a. An ordinary death benefit plus the
  reserve-for-increased-take-home-pay shall be payable upon the death of a
  member who:
    1. Died before the effective date of his retirement, and
    2. Was in service upon which his membership was based when he died  or
  was  on  the  payroll in such service and paid within a period of twelve
  months prior to his death or within a period of twenty-four months prior
  to his death if on leave of absence as set forth below and  had,  unless
  his  service  was  based  on  seasonal  employment,  not  been otherwise
  gainfully employed since he ceased to be on such payroll except while on
  leave of absence which was granted in accordance with the provisions  of
  subdivision  i  of  section  three hundred forty-one of this chapter and
  which commenced during the period from  April  first,  nineteen  hundred
  sixty-six  through  June  thirtieth,  nineteen  hundred seventy-four, to
  perform services as a  civilian  officer  or  employee  of  the  Federal
  government  or  one of its agencies or a contractor of the United States
  Agency for International Development engaged to perform the work of such
  agency, the United Nations,  any  other  international  organization  of
  which the United States of America is a member, or a foreign government,
  and
    3.  Has  credit  for  one  or  more  years of service while actually a
  member.  This requirement of one or more years of service while actually
  a member shall not  be  applicable  to  the  reserve-for-increased-take-
  home-pay  and shall be subject to waiver as provided in subdivision e of
  section three hundred forty-one of this article.
    An ordinary death benefit shall not be payable in any case in which an
  accidental death  benefit  is  payable  provided,  however,  that  where
  payments  made  pursuant  to  section  three  hundred  sixty-one of this
  chapter on account of an  accidental  death  benefit,  computed  without
  reduction  pursuant to section three hundred sixty-four of this article,
  and the reserve-for-increased-take-home-pay total less than the ordinary
  death benefit and  the  reserve-for-increased-take-home-pay  that  would
  have  been  computed  and  made  payable  pursuant to this section three
  hundred sixty in the case of ordinary death,  the  difference  shall  be
  paid  to  the beneficiary or member's estate to which the ordinary death
  benefit and reserve-for-increased-take-home-pay would  have  been  paid.
  Provided further, that where the beneficiary or beneficiaries designated
  to  receive  the  accidental  death  benefit  pursuant  to section three
  hundred  sixty-one  of  this  chapter  is  the   same   beneficiary   or
  beneficiaries  designated  by  the  member to receive the ordinary death
  benefit, then, and in that case the  beneficiary  or  beneficiaries  may
  elect to receive, in a lump sum, the value of the ordinary death benefit
  and  the  reserve-for-increased-take-home-pay,  if  any, that would have
  been computed and made payable pursuant to the provisions hereof in case
  of ordinary death, in lieu of any other benefit.
    Notwithstanding the provisions of any other law to  the  contrary  and
  solely  for the purpose of determining eligibility for an ordinary death
  benefit and/or guaranteed ordinary death  benefit,  a  member  shall  be
  considered  to  have  died  while  in  service  upon  which  his  or her
  membership was based provided such member 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 added this paragraph.
  Provided, further, that any such member ordered to active duty 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.
    aa.  Notwithstanding the provisions of section three hundred ninety of
  this article, an ordinary death benefit plus the  reserve-for-increased-
  take-home-pay  shall be payable to the beneficiary designated in a valid
  election of "Option One-half", if any, or  in  the  manner  provided  by
  subdivisions c, d, or e of this section, in any other case, if a retired
  member shall die where:
    1. His application for retirement became effective prior to his death,
  and
    2. No optional election by him was in effect at the time of his death,
  or  he  had  made  and  filed a valid election to receive his retirement
  allowance without optional modification or under "Option One-half", and
    3. He died within the period of  thirty  days  immediately  after  his
  retirement became effective.
  The  amount  of  the  ordinary  death  benefit  so  payable  under  this
  subdivision shall be reduced by the amount of any pension  payment  that
  may have been paid on account of such retirement.
    The provisions of this subdivision shall apply in any case where death
  occurred on or after January first, nineteen hundred fifty-four.
    b.  The  ordinary  death  benefit plus the reserve-for-increased-take-
  home-pay shall be  payable  from  the  pension  accumulation  fund.  The
  ordinary  death  benefit  shall  not exceed the compensation earnable by
  such member during his last twelve months of service while a member. The
  amount thereof shall be computed  by  multiplying  one-twelfth  of  such
  compensation  by the number of years, not to exceed twelve, of his total
  service credit. Provided, however, that where the member has  more  than
  twelve  years  of  total service credit and where his death occurs on or
  after April first, nineteen hundred sixty-seven and on  or  before  June
  thirtieth,  nineteen  hundred seventy-four, there shall be added to such
  ordinary death benefit one-twenty-fourth of such compensation multiplied
  by the number of years, not to exceed twenty-four, but exclusive of  the
  first twelve, of his total service credit. Provided, further, that where
  a  member,  qualified  under subdivisions a or aa of this section, would
  have been entitled to a service retirement benefit at the  time  of  his
  death  and  where  his  death  occurs  on or after April first, nineteen
  hundred sixty-seven, and on or before June thirtieth,  nineteen  hundred
  seventy-four,  the  amount  payable under this section shall be equal to
  the pension reserve that would have  been  established  had  the  member
  retired  on the date of his death, unless the ordinary death benefit and
  the reserve-for-increased-take-home-pay, hereinabove provided for, shall
  be in excess thereof.
    In the case of a retired member who has  returned  to  service,  total
  service  credit for purposes of this section only, shall include service
  rendered prior to his retirement, provided that he shall  have  rendered
  at  least  one year of service since he last became a member or provided
  he shall have rendered since he returned to public service one  year  of
  service  during  which  he  elected pursuant to subdivision a of section
  four hundred one of this article not to be restored to membership in the
  policemen's and firemen's retirement system.  The  member's  accumulated
  contributions  shall  be  refunded  in  accordance with subdivision d of
  section three hundred fifty-one of this article.
    bb. (a) An ordinary death benefit shall be payable upon the death of a
  member who was in the employ of the state during its participation under
  section  three  hundred  seventy-five-a  of  this  chapter   or   of   a
  participating  employer  while  such employer is participating under the
  provisions of section three hundred seventy-five-b of this chapter.

    The provisions of this subdivision bb shall apply in  any  case  where
  death occurred on or April first, nineteen hundred sixty-seven and prior
  to July first, nineteen hundred seventy-four.
    (b)  The  ordinary  death  benefit  shall  be payable from the pension
  accumulation fund.  Such  ordinary  death  benefit  shall  be  based  on
  compensation  earnable  by  such member during his last twelve months of
  service while  a  member.  The  amount  thereof  shall  be  computed  by
  multiplying one-twelfth of such compensation by the number of years, not
  to exceed thirty-six, of his total service credit. Provided that where a
  member  qualified under subdivisions a and aa of this section would have
  been eligible for service retirement at the time of his death and  where
  his  death  occurs on or after April first, nineteen hundred sixty-seven
  and prior to July  first,  nineteen  hundred  seventy-four,  the  amount
  payable  under  this  section shall be equal to the pension reserve that
  would  have  been  established  pursuant  to   section   three   hundred
  seventy-five-c  had  the member retired on the date of his death, unless
  the ordinary death benefit hereinabove provided for, shall be in  excess
  thereof.  The  benefit  provided herein shall be in lieu of the ordinary
  death benefit presently payable under other provisions of this  chapter,
  unless  the  benefit  under  such other provisions shall be in excess of
  those provided for herein, in which event the greater benefit  shall  be
  payable.
    (c) In the case of a retired member who has returned to service, total
  service  credit,  for  purposes  of this subdivision only, shall include
  service rendered prior to his retirement, provided that  he  shall  have
  rendered  at least one year of service since he last became a member, or
  provided he shall have rendered since he returned to public service  one
  year  of  service  during  which he elected pursuant to subdivision a of
  section four  hundred  one  of  this  article  not  to  be  restored  to
  membership   in   the   retirement   system.  The  member's  accumulated
  contributions shall be refunded in  accordance  with  subdivision  d  of
  section three hundred fifty-one of this article.
    c.  The  ordinary  death  benefit  and the reserve-for-increased-take-
  home-pay shall be paid to the member's estate or to such  person  as  he
  shall  have  nominated  to  receive  such  ordinary death benefit. To be
  effective,  such  a  nomination  must  be  in  the  form  of  a  written
  designation,  duly  acknowledged and filed with the comptroller for this
  specific purpose. In the event such a designated  beneficiary  does  not
  survive  him,  or if he shall not have so designated a beneficiary, such
  benefit shall be payable to the deceased member's estate or as  provided
  in  section  one  thousand  three  hundred  ten of the surrogate's court
  procedure act.
    d. The member, or on the death of the member, the person nominated  by
  him  to  receive his death benefit, may provide, by written designation,
  duly executed and filed with the comptroller, that  such  death  benefit
  and the reserve-for-increased-take-home-pay shall be paid in the form of
  an  annuity.  Such  designation shall be filed prior to or within ninety
  days after the death of the member. The amount of such annuity shall  be
  determined as the actuarial equivalent of such death benefit and reserve
  on  the basis of the age of such beneficiary at the time of the member's
  death and regular interest.
    e. A member, or after his  death,  the  person  nominated  by  him  to
  receive  his  ordinary death benefit, may elect to receive the actuarial
  equivalent of the annuity specified in subdivision d of this section  in
  the  form  of  a  reduced  annuity,  payable  for life, with the further
  proviso that if the person so nominated should die  before  the  annuity
  payments  received  by  him  are equal to such actuarial equivalent, the
  balance thereof shall be paid in a lump sum to such beneficiary's estate

  or to such person as such member or his nominee  shall  have  designated
  prior  to  his  death.  Such  election  shall be made prior to or within
  ninety days after the  death  of  the  member.  Such  designation  of  a
  beneficiary  to receive such lump sum may be made or changed at any time
  by the person who made it. Such election, designation or change shall be
  made by a writing duly executed and filed with the comptroller.  If  the
  person  nominated to receive such lump sum does not survive the member's
  beneficiary, such lump sum, if any, shall be payable to  the  estate  of
  the  member's  beneficiary  or as provided in section one thousand three
  hundred ten of the surrogate's court procedure act.
    f. Special death benefit. Notwithstanding any provision  of  paragraph
  three  of subdivision a of this section to the contrary, a special death
  benefit shall be payable upon the death of an officer or member  of  the
  state  police  who is subject to the provisions of section three hundred
  eighty-one-b of this chapter, and who has credit for ninety or more days
  of service while actually a member of the retirement system. In lieu  of
  the  ordinary  death benefit payable pursuant to subdivisions b or bb of
  this section, the special death benefit shall be payable upon the  death
  of  an officer or member of the state police and shall be equal to three
  times the member's compensation earnable during his last  twelve  months
  of  service  as  a  member,  raised  to  the next higher multiple of one
  thousand dollars.  If,  however,  the  ordinary  death  benefit  payable
  pursuant  to  subdivision  b  or bb of this section upon the death of an
  officer or member of the state police who had  been  in  service  on  or
  before  April first, nineteen hundred sixty-nine would have exceeded the
  special death benefit otherwise payable pursuant to this subdivision had
  he not elected to come under the provisions  of  section  three  hundred
  eighty-one-b,  the  special death benefit payable under this subdivision
  shall be equal to that benefit which  he  would  have  received  had  he
  remained  in  his  former plan. In no case shall the amount payable as a
  special death benefit on behalf of an officer or  member  of  the  state
  police  who  enters  or  re-enters  service  in the division after April
  first, nineteen hundred  sixty-nine  exceed  three  times  the  member's
  compensation  earnable  during  his  last  twelve months of service as a
  member, raised to the next higher multiple of one thousand dollars.
    g. 1. Notwithstanding any provision of paragraph three of  subdivision
  a  of  this  section  to  the contrary and in lieu of the ordinary death
  benefit payable pursuant to subdivisions b or bb of this section or  the
  guaranteed  ordinary  death  benefit  payable  pursuant to section three
  hundred sixty-a of this  article,  a  special  death  benefit  shall  be
  payable  upon the death in service of a security services unit member or
  parkway police unit member or security supervisors unit  member  who  is
  subject to the provisions of this article, and who has credit for ninety
  or  more  days  of  service  while  actually  a member of the retirement
  system.
    2. The special death  benefit  provided  under  this  section  to  the
  beneficiary of such security services unit member or parkway police unit
  member or security supervisors unit member shall be:
    (a)  in  the case of a security services unit member or parkway police
  unit member or security supervisors unit member who was employed by  the
  state  on or before the date this act takes effect, equal to three times
  the member's compensation earnable during  his  last  twelve  months  of
  service as a member or, if he had not completed twelve months of service
  prior  to  the  date of his death, three times the compensation he would
  have earned had he worked for twelve  months  prior  to  such  date,  in
  either  case raised to the next higher multiple of one thousand dollars.
  If, however, the ordinary death benefit payable pursuant to  subdivision
  b  or  bb  of  this  section  upon the death of such a security services

  member or parkway police unit member or security supervisors unit member
  would have exceeded the special death benefit payable pursuant  to  this
  subdivision, the special death benefit payable in the event of the death
  of such a member prior to July first, nineteen hundred seventy-one shall
  be  equal  to  that  benefit  which  would  have  otherwise been payable
  pursuant to subdivision b or bb  of  this  section  notwithstanding  any
  provision of paragraph one of this subdivision to the contrary; or
    (b)  in  the case of a security services unit member or parkway police
  unit member or security supervisors unit member who enters service after
  the date this act takes  effect,  equal  to  three  times  the  member's
  compensation  earnable  during  his  last  twelve months of service as a
  member or, if he has not completed twelve months of service prior to the
  date of his death, three times the compensation he would have earned had
  he worked for twelve months prior to such date, in either case raised to
  the next higher multiple of one thousand dollars.
    3. For the purpose  of  this  subdivision:  (a)  the  terms  "security
  services  unit  member",  "parkway  police  unit  member", and "security
  supervisors unit member" shall mean a member in the employ of the  state
  in  the  collective negotiating unit designated as the security services
  unit or parkway police unit or  security  supervisors  unit  established
  pursuant to article fourteen of the civil service law; and
    (b)  the  term  "death  in  service" shall include the death of such a
  member who dies while off the payroll provided he or she (i) 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 subparagraph, (ii) had  not
  been  otherwise  gainfully employed since he or she ceased to be on such
  payroll and (iii) 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.
    4. The provisions of this subdivision shall apply in  any  case  where
  death  occurs  on  or  after  the date this subdivision takes effect and
  prior to July first, nineteen hundred seventy-four.