S. 5558 2
S 2. Subparagraph (b) of paragraph 3 of subdivision f of section 60 of
the retirement and social security law, as amended by chapter 105 of the
laws of 2005, is amended to read as follows:
(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 OR TO SERVICE IN
THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE and died while on such active duty OR SERVICE IN THE
UNIFORMED SERVICES on or after [the effective date of the chapter of the
laws of two thousand five which amended this subparagraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE, (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 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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
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.
S 3. Subdivision c of section 60-a of the retirement and social secu-
rity law, as amended by chapter 105 of the laws of 2005, is amended to
read as follows:
c. 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 OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE and died while on such active duty OR SERVICE IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the laws of two thousand five which amended this subdivision] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE, (2) had not been otherwise gainfully employed
since he or she ceased to be on such payroll and (3) had credit for at
least one year 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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
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.
S 4. Subdivision (a) of section 60-b of the retirement and social
security law, as amended by chapter 105 of the laws of 2005, is amended
to read as follows:
(a) Pursuant to the provisions of section thirty-three of this arti-
cle, a participating employer may elect to provide a guaranteed ordinary
death benefit upon the death in service of its employees who (i) meet
S. 5558 3
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 employ-
ee 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 with-
in 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 OR TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO
CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE and died while on such
active duty OR SERVICE IN THE UNIFORMED SERVICES on or after [the effec-
tive date of the chapter of the laws of two thousand five which amended
this subdivision] JUNE FOURTEENTH, TWO THOUSAND FIVE, (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 OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE 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.
S 5. The closing paragraph of subdivision a of section 61 of the
retirement and social security law, as added by chapter 105 of the laws
of 2005, is amended to read as follows:
Notwithstanding the provisions of section two hundred forty-two, two
hundred forty-three or two hundred forty-four of the military law or the
provisions of any other law to the contrary and solely for the purpose
of determining eligibility for an accidental death benefit, a member
shall be considered to have died as the natural and proximate result of
an accident sustained in the performance of duty 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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
and died while on such active duty OR IN SERVICE IN THE UNIFORMED
SERVICES on or after [the effective date of the chapter of the laws of
two thousand five which added this paragraph] JUNE FOURTEENTH, TWO THOU-
SAND FIVE.
S 6. The closing paragraph of subdivision a of section 360 of the
retirement and social security law, as added by chapter 105 of the laws
of 2005, is amended to read as follows:
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
S. 5558 4
considered to have died while in service upon which his or her member-
ship 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 OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE and died while on such active duty OR SERVICE IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the laws of two thousand five which added this paragraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE. Provided, further, that any such member
ordered to active duty with the armed forces of the United States OR TO
SERVICE IN THE UNIFORMED SERVICES who died prior to rendering the mini-
mum amount of service necessary to be eligible for this benefit shall be
considered to have satisfied the minimum service requirement.
S 7. Subparagraph (b) of paragraph 3 of subdivision g of section 360
of the retirement and social security law, as amended by chapter 105 of
the laws of 2005, is amended to read as follows:
(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 OR TO SERVICE IN
THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE and died while on such active duty OR SERVICE IN THE
UNIFORMED SERVICES on or after [the effective date of the chapter of the
laws of two thousand five which amended this subparagraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE, (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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
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.
S 8. Subdivision c of section 360-a of the retirement and social secu-
rity law, as amended by chapter 105 of the laws of 2005, is amended to
read as follows:
c. 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 OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE and died while on such active duty OR SERVICE IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the laws of two thousand five which amended this subdivision] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE, (2) had not been otherwise gainfully employed
since he or she ceased to be on such payroll and (3) had credit for at
least one year of continuous service since he or she last entered or
S. 5558 5
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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
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.
S 9. Subdivision (a) of section 360-b of the retirement and social
security law, as amended by chapter 105 of the laws of 2005, is amended
to read as follows:
(a) Pursuant to the provisions of section three hundred thirty-three
of this article, a participating employer may elect to provide a guaran-
teed 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 participat-
ing 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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES
on or after [the effective date of the chapter of the laws of two thou-
sand five which amended this subdivision] JUNE FOURTEENTH, TWO THOUSAND
FIVE, (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 OR
TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38
OF THE UNITED STATES CODE 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.
S 10. The closing paragraph of subdivision a of section 361 of the
retirement and social security law, as added by chapter 105 of the laws
of 2005, is amended to read as follows:
Notwithstanding the provisions of section two hundred forty-two, two
hundred forty-three or two hundred forty-four of the military law or the
provisions of any other law to the contrary and solely for the purpose
of determining eligibility for an accidental death benefit and/or
special accidental death benefit, a member shall be considered to have
died as the natural and proximate result of an accident sustained in the
performance of duty provided such member was on the payroll in the
S. 5558 6
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 OR
TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38
OF THE UNITED STATES CODE and died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five which added this paragraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE.
S 11. Subdivisions e and f of section 448 of the retirement and social
security law, subdivision e as amended and subdivision f as added by
chapter 105 of the laws of 2005, are amended to read as follows:
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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES
on or after [the effective date of the chapter of the laws of two thou-
sand five which amended this subdivision] JUNE FOURTEENTH, TWO THOUSAND
FIVE, (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 OR TO SERVICE IN
THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE 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.
f. Notwithstanding the provisions of any other law to the contrary and
solely for the purpose of determining eligibility for the death benefit
payable pursuant to this section, a person subject to this section shall
be considered to have died while in teaching service provided such
person was in such service 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 OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE and died while on such active duty OR SERVICE IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the laws of two thousand five which added this subdivision] JUNE FOUR-
S. 5558 7
TEENTH, TWO THOUSAND FIVE. Provided, further, that any such person
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 OR TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF
TITLE 38 OF THE UNITED STATES CODE who died prior to rendering the mini-
mum amount of service necessary to be eligible for this benefit shall be
considered to have satisfied the minimum service requirements.
S 12. Subdivision e of section 508 of the retirement and social secu-
rity law, as amended by chapter 105 of the laws of 2005, is amended to
read as follows:
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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES
on or after [the effective date of the chapter of the laws of two thou-
sand five which amended this subdivision] JUNE FOURTEENTH, TWO THOUSAND
FIVE, (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; 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 OR TO SERVICE IN
THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE 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.
S 13. The closing paragraph of subdivision a of section 509 of the
retirement and social security law, as amended by chapter 489 of the
laws of 2008, is amended to read as follows:
Notwithstanding the provisions of section two hundred forty-two, two
hundred forty-three or two hundred forty-four of the military law or the
provisions of any other law to the contrary and solely for the purpose
of determining eligibility for an accidental death benefit, a member
shall be considered to have died as the natural and proximate result of
an accident sustained in the performance of duty 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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES
on or after [the effective date of chapter one hundred five of the laws
of two thousand five which added this paragraph] JUNE FOURTEENTH, TWO
THOUSAND FIVE.
S 14. Subdivision e of section 606 of the retirement and social secu-
rity law, as amended by chapter 105 of the laws of 2005, is amended to
read as follows:
S. 5558 8
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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES
on or after [the effective date of the chapter of the laws of two thou-
sand five which amended this subdivision] JUNE FOURTEENTH, TWO THOUSAND
FIVE, (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 OR TO SERVICE IN
THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE 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.
S 15. Subdivision a of section 607 of the retirement and social secu-
rity law, as amended by chapter 489 of the laws of 2008, is amended to
read as follows:
a. The eligible beneficiary of a member in service, or of a vested
member who dies as a result of a qualifying World Trade Center condition
as defined in section two of this chapter, shall be entitled to an acci-
dental death benefit in the form of a pension equal to fifty percent of
such member's wages earned during his or her last year of actual service
or his or her annual wage rate if he or she was credited with less than
one year of service since last becoming a member, if, upon application
filed within sixty days after the death of the member, the head of the
retirement system determines that such member died before the effective
date of retirement, as the natural and proximate result of an accident
not caused by his or her own willful negligence sustained in the
performance of his or her duties in active service and while actually a
member of the retirement system.
Notwithstanding the provisions of section two hundred forty-two, two
hundred forty-three or two hundred forty-four of the military law or the
provisions of any other law to the contrary and solely for the purpose
of determining eligibility for an accidental death benefit, a member
shall be considered to have died as the natural and proximate result of
an accident sustained in the performance of duty provided such member
S. 5558 9
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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES
on or after [the effective date of chapter one hundred five of the laws
of two thousand five which added this paragraph] JUNE FOURTEENTH, TWO
THOUSAND FIVE.
Provided, however, the head of the retirement system in its sole
discretion may accept an application for an accidental death benefit
after the expiration of the sixty day filing period, where, but only
where, an ordinary death benefit has not been previously paid.
S 16. The second undesignated paragraph and the closing paragraph of
subdivision 2 of section 655 of the retirement and social security law,
as added by chapter 105 of the laws of 2005, are amended to read as
follows:
Notwithstanding the provisions of any other law to the contrary and
solely for the purpose of determining eligibility for a survivors bene-
fit, a member shall be considered to have died while on the state
payroll 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 OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE and died while on such active duty OR SERVICE IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the laws of two thousand five which added this paragraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE.
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 OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE 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.
S 17. The second undesignated paragraph and the closing paragraph of
subdivision 2 of section 656 of the retirement and social security law,
as added by chapter 105 of the laws of 2005, are amended to read as
follows:
Notwithstanding the provisions of any other law to the contrary and
solely for the purpose of determining eligibility for a survivors bene-
fit, a member shall be considered to have died while on the state
payroll provided such member was on such payroll 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 OR TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF
TITLE 38 OF THE UNITED STATES CODE and died while on such active duty OR
SERVICE IN THE UNIFORMED SERVICES on or after [the effective date of the
chapter of the laws of two thousand five which added this paragraph]
JUNE FOURTEENTH, TWO THOUSAND FIVE.
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 OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
S. 5558 10
STATES CODE 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.
S 18. Subdivision g of section 208-f of the general municipal law, as
added by chapter 105 of the laws of 2005, is amended to read as follows:
g. Notwithstanding any other provision of law to the contrary, and
solely for the purposes of this section, a member otherwise covered by
this section shall be deemed to have died as the natural and proximate
result of an accident sustained in the performance of duty upon which
his or her membership is based, and not as a result of willful negli-
gence on his or her part, provided that such member was in active
service upon which his or her membership is based at the time that such
member 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 OR TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO
CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE, and such member died
while on such active duty OR SERVICE IN THE UNIFORMED SERVICES on or
after [the effective date of the chapter of the laws of two thousand
five which added this subdivision] JUNE FOURTEENTH, TWO THOUSAND FIVE
while serving on such active military duty OR IN THE UNIFORMED SERVICES.
S 19. Subdivision f of section 512 of the education law, as added by
chapter 105 of the laws of 2005, is amended to read as follows:
f. Notwithstanding the provisions of any other law to the contrary and
solely for the purpose of determining eligibility for the death benefit
payable pursuant to this section, a person subject to this section shall
be considered to have died while in teaching service provided such
person was in such service 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 OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE and died while on such active duty OR SERVICE IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the laws of two thousand five which added this subdivision] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE. Provided, further, that any such person
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 OR TO SERVICE IN THE UNIFORMED SERVICERS PURSUANT TO CHAPTER 43
OF TITLE 38 OF THE UNITED STATES CODE 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.
S 20. Paragraph (b) of subdivision 25 of section 2575 of the education
law, as added by chapter 105 of the laws of 2005, is amended to read as
follows:
(b) Notwithstanding any other provision of law to the contrary, the
rules and regulations adopted pursuant to this section shall be deemed
to be amended to provide that a member of the retirement system shall be
deemed to have died as the natural and proximate result of an accident
sustained in the performance of duty upon which his or her membership is
based, and not as a result of willful negligence on his or her part,
provided that such member was in active service upon which his or her
membership is based at the time that such member 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 OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE, and such member died while on such active duty
OR SERVICE IN THE UNIFORMED SERVICES on or after [the effective date of
S. 5558 11
the chapter of the laws of two thousand five which added this subdivi-
sion] JUNE FOURTEENTH, TWO THOUSAND FIVE while serving on such active
military duty OR IN THE UNIFORMED SERVICES.
S 21. Subdivision 4 of section 13-244 of the administrative code of
the city of New York, as added by chapter 105 of the laws of 2005, is
amended to read as follows:
4. Notwithstanding any other provision of law to the contrary, and
solely for the purposes of this section, a member shall be deemed to
have died as the natural and proximate result of an accident sustained
in the performance of duty upon which his or her membership is based,
and not as a result of willful negligence on his or her part, provided
that such member was in active service upon which his or her membership
is based at the time that such member 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 OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE, and such member died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five which added this subdivision] JUNE
FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty
OR IN THE UNIFORMED SERVICES.
S 22. Subdivision c of section 13-149 of the administrative code of
the city of New York, as added by chapter 105 of the laws of 2005, is
amended to read as follows:
c. Notwithstanding any other provision of law to the contrary, and
solely for the purposes of this section, a member shall be deemed to
have died as the natural and proximate result of an accident sustained
in the performance of duty upon which his or her membership is based,
and not as a result of willful negligence on his or her part, provided
that such member was in active service upon which his or her membership
is based at the time that such member 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 OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE, and such member died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five which added this subdivision] JUNE
FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty
OR IN THE UNIFORMED SERVICES.
S 23. Subdivision f of section 13-347 of the administrative code of
the city of New York, as added by chapter 105 of the laws of 2005, is
amended to read as follows:
f. Notwithstanding any other provision of law to the contrary, and
solely for the purposes of this section, a member shall be deemed to
have died as the natural and proximate result of an accident sustained
in the performance of duty upon which his or her membership is based,
and not as a result of willful negligence on his or her part, provided
that such member was in active service upon which his or her membership
is based at the time that such member 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 OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE, and such member died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five which added this subdivision] JUNE
S. 5558 12
FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty
OR IN THE UNIFORMED SERVICES.
S 24. Subdivision d of section 13-544 of the administrative code of
the city of New York, as added by chapter 105 of the laws of 2005, is
amended to read as follows:
d. Notwithstanding any other provision of law to the contrary, and
solely for the purposes of this section, a member shall be deemed to
have died as the natural and proximate result of an accident sustained
in the performance of duty upon which his or her membership is based,
and not as a result of willful negligence on his or her part, provided
that such member was in active service upon which his or her membership
is based at the time that such member 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 OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE, and such member died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five which added this subdivision] JUNE
FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty
OR IN THE UNIFORMED SERVICES.
S 25. The closing paragraph of section 3-401 of the administrative
code of the city of New York, as added by chapter 105 of the laws of
2005, is amended to read as follows:
Notwithstanding any other provision of law to the contrary, and solely
for the purposes of this section, a member otherwise covered by this
section shall be deemed to have been killed while engaged in the
discharge of duty upon which his or her membership is based, provided
that such member was in active service upon which his or her membership
is based at the time that such member 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 OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE, and such member died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five which added this paragraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE while serving on such active military duty OR
IN THE UNIFORMED SERVICES.
S 26. The closing paragraph of section 3-402 of the administrative
code of the city of New York, as added by chapter 105 of the laws of
2005, is amended to read as follows:
Notwithstanding any other provision of law to the contrary, and solely
for the purposes of this section, a member otherwise covered by this
section shall be deemed to have been killed while engaged in the
discharge of duty upon which his or her membership is based, provided
that such member was in active service upon which his or her membership
is based at the time that such member 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 OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE, and such member died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five which added this paragraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE while serving on such active military duty OR
IN THE UNIFORMED SERVICES.
S. 5558 13
S 27. The closing paragraph of subdivision a of section 3-403 of the
administrative code of the city of New York, as added by chapter 105 of
the laws of 2005, is amended to read as follows:
Notwithstanding any other provision of law to the contrary, and solely
for the purposes of this subdivision, a member otherwise covered by this
subdivision shall be deemed to have been killed while engaged in the
discharge of duty upon which his or her membership is based, provided
that such member was in active service upon which his or her membership
is based at the time that such member 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 OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE, and such member died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five which added this paragraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE while serving on such active military duty OR
IN THE UNIFORMED SERVICES.
S 28. Subparagraph (i) of paragraph 2 of subdivision b of section
12-126 of the administrative code of the city of New York, as amended by
chapter 430 of the laws of 2010, is amended to read as follows:
(i) Where the death of a member of the uniformed forces of the police
or fire departments is or was the natural and proximate result of an
accident or injury sustained while in the performance of duty, the
surviving spouse or domestic partner, until he or she dies, and the
children under the age of nineteen years and any such child who is
enrolled on a full-time basis in a program of undergraduate study in an
accredited degree-granting institution of higher education until such
child completes his or her educational program or reaches the age of
twenty-three years, whichever comes first, shall be afforded the right
to health insurance coverage, and health insurance coverage which is
predicated on the insured's enrollment in the hospital and medical
program for the aged and disabled under the social security act, as is
provided for city employees, city retirees and their dependents as set
forth in paragraph one of this subdivision. Where the death of a
uniformed member of the correction or sanitation departments has
occurred while such employee was in active service as the natural and
proximate result of an accident or injury sustained while in the
performance of duty, the surviving spouse or domestic partner, until he
or she dies, and the child of such employee who is under the age of
nineteen years and any such child who is enrolled on a full-time basis
in a program of undergraduate study in an accredited degree-granting
institution of higher education until such child completes his or her
educational program or reaches the age of twenty-three years, whichever
comes first, shall be afforded the right to health insurance coverage,
and health insurance coverage which is predicated on the insured's
enrollment in the hospital and medical program for the aged and disabled
under the social security act, as is provided for city employees, city
retirees and their dependents as set forth in paragraph one of this
subdivision. Where the death of an employee of the fire department of
the city of New York who was serving in a title whose duties are those
of an emergency medical technician or advanced emergency medical techni-
cian (as those terms are defined in section three thousand one of the
public health law), or whose duties required the direct supervision of
employees whose duties are those of an emergency medical technician or
advanced emergency medical technician (as those terms are defined in
section three thousand one of the public health law) is or was the
S. 5558 14
natural and proximate result of an accident or injury sustained while in
the performance of duty on or after September eleventh, two thousand
one, the surviving spouse or domestic partner, until he or she dies, and
the children under the age of nineteen years and any such child who is
enrolled on a full-time basis in a program of undergraduate study in an
accredited degree-granting institution of higher education until such
child completes his or her educational program or reaches the age of
twenty-three years, whichever comes first, shall be afforded the right
to health insurance coverage, and health insurance coverage which is
predicated on the insured's enrollment in the hospital and medical
program for the aged and disabled under the social security act, as is
provided for city employees, city retirees and their dependents as set
forth in paragraph one of this subdivision. The mayor may, in his or her
discretion, authorize the provision of such health insurance coverage
for the surviving spouses, domestic partners and children of employees
of the fleet services division of the police department who died on or
after October first, nineteen hundred ninety-eight and before April
thirtieth, nineteen hundred ninety-nine, and the surviving spouses,
domestic partners and children of employees of the roadway repair and
maintenance division of the department of transportation who died on or
after September first, two thousand five and before September twenty-
eighth, two thousand five, and the surviving spouses, domestic partners
and children of employees of the bureau of wastewater treatment of the
department of environmental protection who died on or after January
eighth, two thousand nine and before January tenth, two thousand nine as
a natural and proximate result of an accident or injury sustained while
in the performance of duty, subject to the same terms, conditions and
limitations set forth in the section. Provided, however, and notwith-
standing any other provision of law to the contrary, and solely for the
purposes of this subparagraph, a member otherwise covered by this
subparagraph shall be deemed to have died as the natural and proximate
result of an accident or injury sustained while in the performance of
duty upon which his or her membership is based, provided that such
member was in active service upon which his or her membership is based
at the time that such member 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 OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE,
and such member died while on active duty OR SERVICE IN THE UNIFORMED
SERVICES on or after [the effective date of local law number ninety-six
of the city of New York for the year two thousand five] JUNE FOURTEENTH,
TWO THOUSAND FIVE while serving on such active military duty OR IN THE
UNIFORMED SERVICES.
S 29. The closing paragraph of section 165-a of the civil service law,
as amended by section 6 of part T of chapter 56 of the laws of 2010, is
amended to read as follows:
Notwithstanding any law to the contrary, the survivors of any employee
subject to this section shall be entitled to the health benefits granted
pursuant to this section, provided that such employee died while on
active duty [other than for training purposes,] pursuant to Title 10 of
the United States Code, with the armed forces of the United States OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE, and such member died on such active duty OR
SERVICE IN THE UNIFORMED SERVICES on or after [the effective date of
chapter one hundred five of the laws of two thousand five] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE as a result of injuries, disease or other
S. 5558 15
medical condition sustained or contracted in such active duty with the
armed forces of the United States OR IN THE UNIFORMED SERVICES.
S 30. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would require that public retirement systems comply with the
federal Heroes Earnings Assistance and Relief Tax Act (HEART Act). This
would expand the criteria in current law for receiving such accidental
death benefits from dying in "active duty" to "uniformed services".
If this legislation is enacted, we anticipate that there would be few
individuals affected, as most are already eligible under the "active
duty" criteria.
Insofar as this legislation would affect the New York State and Local
Employees' Retirement System (ERS) and the New York State and Local
Police and Fire Retirement System (PFRS), it would lead to more deaths
being classified as "accidental". For each death classified as acci-
dental due to this bill, the cost would depend on the age, service,
salary and plan of the affected member. It is estimated that there would
be per person one-time costs of approximately three (3) times salary for
members in the ERS, and twelve (12) times salary for members in the
PFRS. These costs would be borne by the State of New York and all the
participating employers in the ERS and the PFRS.
This estimate, dated April 7, 2011, and intended for use only during
the 2011 Legislative Session, is Fiscal Note No. 2011-165 prepared by
the Actuary for the New York State and Local Employees' Retirement
System and the New York State and Local Police and Fire Retirement
System.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend the Education Law and the Retirement and Social
Security Law to enable the New York State Teachers' Retirement System to
provide death benefits in compliance with the Federal Heroes Earnings
Assistance and Relief Tax Act of 2008 (HEART Act). The criteria used in
determining eligibility for death benefits under the current law would
be expanded from dying in "active duty" with the Armed Forces of the
United States to include dying while in "service in the uniformed
services". The death benefit payable would be the accidental death bene-
fit.
The annual cost to the employers of members of the New York State
Teachers' Retirement System is estimated to be negligible if this bill
is enacted.
The source of this estimate is Fiscal Note 2011-46 dated May 4, 2011
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2011 Legislative Session.