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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

Sheriffs, Undersheriffs and Deputy Sheriffs Special Plan

For ERS Tier 3, 4, 5 and 6 Members

(Article 14B: Sections 551, 552 and 553)

Tier 4, 5 and 6 Accidental Death Benefit (Article 15)

Eligibility

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

The Benefit

This is a pension equal to one-half of your wages during your last year of active service and is paid to your beneficiaries, in this order:

  • First, to your surviving spouse, provided he or she has not renounced survivorship rights in a separation agreement, until remarriage;
  • Second, to your surviving children, until they reach age 25;
  • Third, to your dependent parent or parents, as determined under regulations established by the Comptroller; or
  • Finally, to any other person who qualified as a dependent on your final federal income tax return for the year preceding death, until that 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.

The benefit will be divided equally among the beneficiaries in any one category if you have more than one child, parent or other dependent.

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 60 days of your date of death.