N.Y. Retirement & Social Security Law Section 509
Accidental death benefits


a.

The eligible beneficiary of a member in service, or a vested member that dies as a result of a qualifying World Trade Center condition as defined in § 2 (Definitions)section two of this chapter, shall be entitled to an accidental death benefit in the form of a pension equal to fifty percent of such member’s final average salary if, upon application filed within five years after the death of the member, the head of the retirement system determines that such member:

1.

Died before the effective date of retirement, as the natural and proximate result of an accident sustained in the performance of duty in the service upon which membership was based, and

2.

Did not cause such accident by his or her own willful negligence. 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 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 June fourteenth, two thousand five.

b.

If an eligible beneficiary receiving the accidental death benefit hereunder becomes ineligible to continue to receive such benefit, the benefit shall be continued for all other members of the eligible class of beneficiaries and, if none, to each successive class, if any, during their eligibility therefor.

c.

If the aggregate benefits under the provisions of this section have not exceeded the amount of the ordinary lump sum death benefit because of the absence of eligible beneficiaries or because those beneficiaries formerly eligible are no longer eligible for payments pursuant to section five hundred one, then the difference between the amounts, if any, paid under this section and the amount of the ordinary lump sum death benefit shall be paid to:

1.

The last eligible beneficiary or beneficiaries, if surviving, who were receiving pension payments hereunder or, if none 2. The distributees of the member, if there were no eligible beneficiaries at the member’s death, or the persons who would be distributees of the member had he died intestate on the date that the last eligible beneficiary died or became ineligible.

Source: Section 509 — Accidental death benefits, https://www.­nysenate.­gov/legislation/laws/RSS/509 (updated Jan. 10, 2020; accessed Dec. 21, 2024).

500
Application
501
Definitions
502
Eligibility for service retirement benefits
503
Eligibility for normal and early service retirement benefits
504
Service retirement benefits
504‑A
Twenty-year retirement program for New York city correction members below the rank of captain
504‑B
Twenty-year retirement program for New York city correction members of the rank of captain or above
504‑C
Supplemental retirement allowance
504‑D
Twenty-year retirement program for New York city correction members
505
Service retirement benefits
506
Ordinary disability benefits
507
Accidental disability benefits
507‑A
Disability retirement
507‑B
Performance of duty disability retirement
507‑C
Performance of duty disability retirement
507‑D
Disability benefits
507‑E
Uniformed court officers and peace officers
507‑F
Accidental disability retirement
507‑G
Payment of both pensions for accident and other benefits prohibited
507‑H
Retirement for disability incurred in performance of duty
507‑I
Disability benefits
508
Death benefits
508‑A
Death benefit for vested members who die prior to retirement
508‑B
Death benefit for deputy sheriffs employed by Nassau county
508‑B*2
Death benefits for correction officers employed by Nassau county
508‑B*3
Death benefits for correction officers employed by Suffolk county
508‑B*4
Death benefits for deputy sheriffs employed by Suffolk county
508‑C
Death benefits for fire marshals employed by Nassau county
509
Accidental death benefits
509‑A
COVID-19 benefit
510
Escalation of benefits
511
Coordination with social security benefits
512
Final average salary
513
Credit for service
514
Options
515
Optional retirement program
516
Vesting
517
Member contributions
517‑A
Termination of membership
517‑B
Loans to members of a teachers’ retirement system
517‑C
Loans to members of certain retirement systems
518
Election of coverage under article
519
Effect of other laws
520
Duration

Accessed:
Dec. 21, 2024

Last modified:
Jan. 10, 2020

§ 509’s source at nysenate​.gov

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