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Sheriffs, Undersheriffs and Deputy Sheriffs Special Plan

For ERS Tier 1 and 2 Members (Article 14B: Sections 551, 552 and 553)

Tier 2 Death Benefits

Prior to Retirement

The death benefit is equal to your salary multiplied by your years of service, not to exceed three years of salary. For example, if you die after one year of service, your beneficiary would receive a benefit equal to one year of your salary; if you die after two years, your beneficiary would receive a benefit equal to two years of your salary; and if you die after three or more years of service, your beneficiary would receive a benefit equal to three years of your salary. The salary is limited by Section 130 of the Civil Service Law.

If you are in service at age 61, your death benefit will be reduced by 3 percent1 and will be further reduced by 3 percent1 each year you continue to be in service, up to age 70. It will not be reduced below 60 percent of the ordinary death benefit payable.

If you chose a different death benefit, and die while in active service, your beneficiary will be paid the greater of the two death benefits.

After Retirement

There is a post-retirement death benefit if you:

  • Retire directly from service; or
  • Are a vested member and file for retirement within one year of leaving public employment in New York State.

The post-retirement death benefit is calculated at retirement. During your first year of retirement, the benefit is 50 percent of the ordinary death benefit payable at retirement; during your second year of retirement, the benefit is 25 percent. During your third year and thereafter, the benefit will be 10 percent of the ordinary death benefit that would have been payable at age 60, if any, or at retirement, whichever was earlier.

Example:

Retirement at age 62 with a salary of $60,000

$60,000 × 3 $180,000
(reduction for working after age 60) − 10,800
(ordinary death benefit at retirement) $169,200

1st year of retirement (50 percent of ordinary death benefit): $84,600

2nd year of retirement(25 percent of ordinary death benefit): $42,300

After 2nd year of retirement(10 percent of benefit at age 60): $18,000

1 Updated 3/13