62-5 SPD:62/5 SPD.qxd - NYCERS

SUMMARY PLAN DESCRIPTION - 62/5 TIER 4 MEMBERS VERSION APRIL 2012TBTALR: Chapter 742 of the Laws of 2004 (original chapter; 3% increase of salary computation enactedannually)SR: General Municipal Law §208-fPRESUMPTIVE ACCIDENTAL DEATH BENEFITSUNDER THE HEART LAW (EMT)FDNY Emergency Medical Technicians who die from a disease of the heart will be entitled to apresumption that such disease of the heart was incurred in the performance and discharge ofduty. The Eligible Beneficiary(ies) of such members are entitled to an Accidental Death Benefitand Special Accidental Death Benefit which are paid in accordance with the relevant statute(s)governing such death benefits.EMTLR: Chapter 697 of the Laws of 2002SR: General Municipal Law §207-qWORLD TRADE CENTER DEATH BENEFITSThe WTC Law provides line-of-duty death benefits to the statutory beneficiary(ies) of eligiblemembers/vested members/retirees who die from a Qualifying Condition or Impairment ofHealth contracted as a result of participation in WTC rescue, recovery or cleanup operations.The following summarizes the law's provisions:The Eligible Beneficiary(ies) of active members, vested members and retirees who have met thepre-qualifying criteria of the WTC Law (see Page 52 for details on pre-qualifying criteria) mayapply for Accidental Death Benefits upon such member's, vested member’s or retiree's death.The Eligible Beneficiary(ies) of retirees who have been retired for more than 25 years arenot eligible for the WTC death benefit.Retirees who did not file a Notice of Participation because they had retired on a non-WTCaccidental disability may nevertheless be deemed pre-qualified if it is shown that they wouldhave met such criteria.Awards the Eligible Beneficiary(ies) an Accidental Death Benefit (and Special AccidentalDeath Benefits for covered titles) and requires that they relinquish their rights to prospectivenon-WTC benefits paid or payable under a Service or Disability Retirement Benefit, includingany Post-Retirement Death Benefits, since the retiree's death.If the Eligible Beneficiary is not the only beneficiary receiving or entitled to receive a non-WTCbenefit under the Service or Disability Retirement Benefit (including, but not limited to, Post-Retirement Death Benefits or benefits paid or payable pursuant to the retiree’s optionselection) the Accidental Death Benefit payments to the Eligible Beneficiary will be reducedby any amounts paid or payable to any other beneficiary. This also applies to any SpecialAccidental Death Benefit payment.LR: Chapter 445 of the Laws of 2006, as amended by Chapter 5 of the Laws of 2007;Chapter 489 of the Laws of 2008SR: General Municipal Law §208-f (TBTA & EMT ONLY)RSSL §2(36)RSSL §607-b (EMT)RSSL §605-c (Deputy Sheriffs)RSSL §605SURVIVOR BENEFITSWWW.NYCERS.ORG63