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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

State Correction Officers and Security Hospital Treatment Assistants Plan

For ERS Tier 3, 5 and 6 Members (Article 14-CO)

Accidental Death Benefit

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Eligibility

Regardless of your years of service credit, if you should die as the direct result of an on-the-job accident not due to your own willful negligence, an accidental death benefit may be payable on your behalf.

The Benefit

The accidental death benefit is a pension equal to one-half (50 percent) of your Final Average Salary (FAS). The benefit is subject to 100 percent escalation for changes in the cost-of-living. It is paid to the following beneficiaries, in this order:

  • First, to your surviving spouse who has not renounced survivorship rights in a separation agreement, until remarriage; or
  • Second, where there is no surviving spouse or in the event of his or her death or remarriage, to your surviving children until age 25; or
  • Third, where there is no surviving spouse or children, to your dependent parent or parents, as determined under regulations established by the Comptroller; or
  • Finally, where there is no surviving spouse, children or dependent parent, to any other person who qualified as a dependent on your final federal income tax return or the return filed in the year immediately preceding the year of your death, until this person reaches age 21.

All of the beneficiaries listed above would be eligible for annual Cost-of-Living Adjustments after receiving the accidental death benefit for five years.

If all the beneficiaries listed above become ineligible for accidental death benefit payments, and the total of all benefit payments is less than the amount of the ordinary death benefit, the difference will be paid to your designated beneficiary or to your estate. If you have no beneficiaries as listed above, the accidental death benefit will not be paid, but the applicable ordinary death benefit will be paid to your last designated beneficiary, or your estate.

Filing

Your family or employer should notify us of your death as soon as possible so we can forward the appropriate forms to your beneficiary. The application for the accidental death benefit must be filed within two years of your date of death.