N.Y. Retirement & Social Security Law Section 607
Accidental death benefits


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 § 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 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 five years 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 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. 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 applicable filing period, where, but only where, an ordinary death benefit has not been previously paid.

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 six hundred one of this article, 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 or she died intestate on the date that the last eligible beneficiary died or became ineligible.

Source: Section 607 — Accidental death benefits, https://www.­nysenate.­gov/legislation/laws/RSS/607 (updated Jan. 10, 2020; accessed Dec. 21, 2024).

600
Application
601
Definitions
602
Eligibility for service retirement benefits
603
Eligibility for service retirement benefits
604
Service retirement benefits
604‑A
Twenty-year retirement program for New York city sanitation members
604‑B
Twenty-five-year and age fifty-five retirement program for New York city transit authority members
604‑C
Supplemental retirement allowance
604‑C*2
Optional twenty-five-year early retirement program for certain New York city members
604‑C*3
Twenty-year retirement program for Triborough bridge and tunnel members
604‑D
Age fifty-seven retirement program for certain New York city members
604‑E
Twenty-five year retirement program for dispatcher members
604‑E*2
Twenty-five year retirement program for EMT members
604‑F
Twenty-five year retirement program for deputy sheriff members
604‑F*2
Twenty-five year retirement program for special officer, parking control specialist, school safety agent, campus peace officer or New Yor...
604‑G
Twenty-five year/age fifty retirement program for automotive members
604‑H
Twenty-five year retirement program for police communications members
604‑I
Age fifty-five retirement program for New York city teachers and certain other members
604‑J
Twenty-five year retirement program for fire protection inspector members
605
Disability retirement
605‑A
Accidental disability retirement for uniformed court officers and peace officers employed in the unified court system
605‑B
Accidental disability retirement for New York city uniformed sanitation members
605‑B*2
Uniformed court officers and peace officers
605‑C
Accidental disability retirement for deputy sheriffs employed by the city of New York
605‑D
Accidental disability retirement for chief fire marshals, assistant fire marshals, division supervising fire marshals, supervising fire m...
605‑E
Accidental disability retirement for ambulance medical technician supervisors, ambulance medical technician coordinators, ambulance medic...
605‑F
Disability benefits
605‑G
Accidental disability retirement for deputy sheriffs in Nassau county
605‑G*2
Accidental disability retirement for deputy sheriffs in Suffolk county
606
Death benefits
606‑A
Death benefit for vested members who die prior to retirement
606‑B
Death benefit for deputy sheriffs employed by Nassau county
606‑B*2
Death benefits for correction officers employed by Nassau county
606‑B*3
Death benefits for correction officers employed by Suffolk county
606‑B*4
Death benefits for deputy sheriffs employed by Suffolk county
606‑C
Death benefits for correction officers employed by Westchester county
606‑C*2
Death benefits for fire marshals employed by Nassau county
607
Accidental death benefits
607‑A
Performance of duty disability retirement
607‑B
Performance of duty disability retirement
607‑C
Performance of duty disability benefit
607‑D
Disability benefits
607‑E
Accidental disability retirement
607‑F
Payment of both pensions for accident and other benefits prohibited
607‑G
Retirement for disability benefits incurred in the performance of duty
607‑H
Disability benefits
607‑I
COVID-19 benefit
607‑J
Performance of duty, disability retirement for chief fire marshals, assistant chief fire marshals, division supervising fire marshals, su...
607‑J*2
Performance of duty disability retirement benefits for certain first responders in Nassau county
607‑J*3
Performance of duty disability retirement
607‑K
Certain impairments of health
607‑L
Performance of duty disability retirement
608
Final average salary
609
Credit for service
610
Options
611
Optional retirement program
612
Vesting
613
Member contributions
613‑A
Loans to members of a teachers’ retirement system
613‑B
Loans to members of certain retirement systems
614
Effect of other laws
615
Duration
616
Transfer of membership
617
Recalculation of benefits

Accessed:
Dec. 21, 2024

Last modified:
Jan. 10, 2020

§ 607’s source at nysenate​.gov

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