Section 360-B. Guaranteed ordinary death benefit for participating employers  


Latest version.
  • (a) Pursuant to the provisions  of  section  three  hundred
      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 of  the  requirements  of  section  three
      hundred  sixty of this title 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  three  hundred  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.