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

NEW YORK CITY EMPLOYEES’ RETIREMENT SYSTEMDEATH BENEFITS FOR MILITARY PERSONNELThe beneficiaries of members who die while on military duty may be entitled to receive eitheran Ordinary Death Benefit or an Accidental Death Benefit. Depending on the deceased member’stitle, a Special Accidental Death Benefit might also be paid.To be eligible for coverage a member must have died while performing “service in the uniformedservices” as defined by the Uniformed Services Employment and Reemployment Rights Act(USERRA). Under USERRA, the term "service in the uniformed services" means the performanceof duty on a voluntary or involuntary basis and includes active duty, active duty for training,initial active duty for training, inactive duty training, full-time National Guard duty, a periodfor which a person is absent from a position of employment for the purpose of an examinationto determine the fitness of the person to any such duty, and a period for which a person is absentfrom employment for the purpose of performing funeral honors duty as authorized by section12503 of title 10 or section 115 of title 32.Ordinary Death Benefit. For the purposes of paying the Ordinary Death Benefit, such membersare considered to be in service provided they:(a) were on payroll (in any status) at the time they were called to perform service in the uniformedservices and died on or after June 14, 2005; and(b) had not been otherwise employed while off payroll performing service in the uniformedservices.If such members die prior to rendering the minimum amount of service for the Ordinary DeathBenefit, they are considered to have met the requirement. The Ordinary Death Benefit is paid tothe designated beneficiaries of such members.Accidental Death Benefit. For the purposes of paying the Accidental Death Benefit, such membersare deemed to have died as a natural and proximate result of an accident provided that:(a) they were on payroll (in any status) at the time they were called to perform service inthe uniformed services and died on or after June 14, 2005; and(b) no Ordinary Death Benefit had been previously paid.Such members’ Eligible Beneficiaries will be entitled to an Accidental Death Benefit. The beneficiariesof Emergency Medical Technicians and Triborough Bridge and Tunnel Authority memberswill also be entitled to a Special Accidental Death Benefit.Ordinary and Accidental Death BenefitLR: Chapter 105 of the Laws of 2005, as amended by Chapter 582 of the Laws of 2011SR: RSSL §606 subdivision e, RSSL §607 subdivision aSpecial Accidental Death BenefitEMTLR: Chapter 583 of the Laws of 2004 (original chapter; 3% increase of salary computation enactedannually)SR: General Municipal Law §208-fSURVIVOR BENEFITSTBTALR: Chapter 742 of the Laws of 2004 (original chapter; 3% increase of salary computation enactedannually)SR: General Municipal Law §208-f64