§ 360. Ordinary death benefit. a. An ordinary death benefit plus the\nreserve-for-increased-take-home-pay shall be payable upon the death of a\nmember who:\n 1. Died before the effective date of his retirement, and\n 2. Was in service upon which his membership was based when he died or\nwas on the payroll in such service and paid within a period of twelve\nmonths prior to his death or within a period of twenty-four months prior\nto his death if on leave of absence as set forth below and had, unless\nhis service was based on seasonal employment, not been otherwise\ngainfully employed since he ceased to be on such payroll except while on\nleave of absence which was granted in accordance with the provisions of\nsubdivision i of section three hundred forty-one of this chapter and\nwhich commenced during the period from April first, nineteen hundred\nsixty-six through June thirtieth, nineteen hundred seventy-four, to\nperform services as a civilian officer or employee of the Federal\ngovernment or one of its agencies or a contractor of the United States\nAgency for International Development engaged to perform the work of such\nagency, the United Nations, any other international organization of\nwhich the United States of America is a member, or a foreign government,\nand\n 3. Has credit for one or more years of service while actually a\nmember. This requirement of one or more years of service while actually\na member shall not be applicable to the reserve-for-increased-take-\nhome-pay and shall be subject to waiver as provided in subdivision e of\nsection three hundred forty-one of this article.\n An ordinary death benefit shall not be payable in any case in which an\naccidental death benefit is payable provided, however, that where\npayments made pursuant to section three hundred sixty-one of this\nchapter on account of an accidental death benefit, computed without\nreduction pursuant to section three hundred sixty-four of this article,\nand the reserve-for-increased-take-home-pay total less than the ordinary\ndeath benefit and the reserve-for-increased-take-home-pay that would\nhave been computed and made payable pursuant to this section three\nhundred sixty in the case of ordinary death, the difference shall be\npaid to the beneficiary or member's estate to which the ordinary death\nbenefit and reserve-for-increased-take-home-pay would have been paid.\nProvided further, that where the beneficiary or beneficiaries designated\nto receive the accidental death benefit pursuant to section three\nhundred sixty-one of this chapter is the same beneficiary or\nbeneficiaries designated by the member to receive the ordinary death\nbenefit, then, and in that case the beneficiary or beneficiaries may\nelect to receive, in a lump sum, the value of the ordinary death benefit\nand the reserve-for-increased-take-home-pay, if any, that would have\nbeen computed and made payable pursuant to the provisions hereof in case\nof ordinary death, in lieu of any other benefit.\n Notwithstanding the provisions of any other law to the contrary and\nsolely for the purpose of determining eligibility for an ordinary death\nbenefit and/or guaranteed ordinary death benefit, a member shall be\nconsidered to have died while in service upon which his or her\nmembership was based provided such member was on the payroll in the\nservice upon which membership is based at the time he or she was ordered\nto active duty pursuant to Title 10 of the United States Code, with the\narmed forces of the United States or to service in the uniformed\nservices pursuant to Chapter 43 of Title 38 of the United States Code\nand died while on such active duty or service in the uniformed services\non or after June fourteenth, two thousand five. Provided, further, that\nany such member ordered to active duty with the armed forces of the\nUnited States or to service in the uniformed services who died prior to\nrendering the minimum amount of service necessary to be eligible for\nthi
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