§ 60. 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 forty-one of this chapter and which commenced\nduring the period from April first, nineteen hundred sixty-six through\nJune thirtieth, nineteen hundred seventy-four, to perform services as a\ncivilian officer or employee of the federal government or one of its\nagencies or a contractor of the United States Agency for International\nDevelopment engaged to perform the work of such agency, the United\nNations, any other international organization of which the United States\nof America is a member, or a foreign government, and\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\nreserve-for-increased-take-home-pay and shall be subject to waiver as\nprovided in subdivision e of section 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 sixty-one of this chapter on account\nof an accidental death benefit, computed without reduction pursuant to\nsection sixty-four of this article, and the\nreserve-for-increased-take-home-pay total less than the ordinary death\nbenefit and the reserve-for-increased-take-home-pay that would have been\ncomputed and made payable pursuant to this section sixty in the case of\nordinary death, the difference shall be paid to the beneficiary or\nmember's estate to which the ordinary death benefit and\nreserve-for-increased-take-home-pay would have been paid.\n Provided further, that where the beneficiary or beneficiaries\ndesignated to receive the accidental death benefit pursuant to section\nsixty-one of this article is the same beneficiary or beneficiaries\ndesignated by the member to receive the ordinary death benefit, then,\nand in that case, the beneficiary or beneficiaries may elect to receive,\nin a lump sum, the value of the ordinary death benefit and the\nreserve-for-increased-take-home-pay, if any, that would have been\ncomputed and made payable pursuant to the provisions hereof in case of\nordinary 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 such active duty with the armed forces of the\nUnited States or in service in the uniformed services who died prior to\nrendering the minimum amount of service necessary to be eligible for\nthis benefit shall be considered to have satisfied the minimum service\nrequiremen
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