New York Retirement and Social Security Code § 655

Survivor's benefit
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§ 655. Survivor's benefit. 1. a. The term "state employee" as used in\nthis section shall mean a full time employee or officer of the state,\nwhose salary is paid directly by the state.\n  b. For the limited purposes of this section: (1) the term "state\nemployee" as used in this section include a full time employee or\nofficer of the state colleges of agriculture, home economics, industrial\nlabor relations and veterinary medicine, the state agricultural\nexperiment station at Geneva, and any other institution or agency under\nthe management and control of Cornell university as the representative\nof the board of trustees of the state university of New York, and the\nstate college of ceramics under the management and control of Alfred\nuniversity as the representative of the board of trustees of the state\nuniversity of New York; (2) the payroll from which such employees are\npaid shall be deemed to be a state payroll; and (3) such employees shall\nbe deemed to be paid directly by the state.\n  2. A survivor's benefit shall be payable upon the death of a state\nemployee who has been a state employee for ninety or more days and who\ndies before the effective date of retirement, provided that such\nemployee:\n  a. Was on the state payroll for ninety or more days of the one hundred\ntwenty days immediately prior to his or her death, or\n  b. Had at least one year of service as a state employee and died while\non the payroll following his or her return from an authorized leave of\nabsence, or\n  c. Had at least one but less than five years of service as a state\nemployee since last entering state service and died while off the\npayroll and while on an authorized leave of absence, provided such\nperson was not otherwise gainfully employed since ceasing to be on the\nstate payroll, and provided such person was on the state payroll within\nsix months prior to his or her death, or\n  d. Had five or more years of service as a state employee since last\nentering state service, and died while off the payroll and while on an\nauthorized leave of absence, provided such employee was not otherwise\ngainfully employed since ceasing to be on the state payroll, and\nprovided that such person was on the state payroll within one year prior\nto his or her death.\n  e. For the purpose of determining eligibility for benefits under this\nsection, previous service rendered as an employee of an authority or\ncommission established under the public authorities law shall be\ncredited to a state employee as state service, provided such authority\nor commission has in effect, at the time of death of such employee, a\nprovision for a survivor's benefit which is substantially equivalent to\nthat provided in this section and in which previous state service is\ncredited to authority or commission employees toward eligibility for\nsuch survivor's benefit.\n  f. For the purposes of this subdivision, a state employee holding a\nposition having an annual salary payable over a period of less than\ntwelve months shall be considered to be on the payroll during any period\nin which he would otherwise be on the payroll if the annual salary of\nhis position were paid over the full twelve months. For purposes of\nparagraphs c and d of this subdivision, an employee shall not be deemed\nto have been gainfully employed solely on account of the performance of\nmilitary duty in any capacity in the armed forces of the United States\nor of any reserve thereof or in the national guard.\n  Notwithstanding the provisions of any other law to the contrary and\nsolely for the purpose of determining eligibility for a survivors\nbenefit, a member shall be considered to have died while on the state\npayroll provided such member was on the payroll in the service upon\nwhich membership is based at the time he or she was ordered to active\nduty pursuant to Title 10 of the United States Code, with the armed\nforces of the United States or to service in the uniformed services\npursuant to C

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