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New York State and Local Retirement SystemOffice of the State Comptroller - Home

Non-Contributory Plan With Guaranteed Benefits

For ERS Tier 2 Members

(Sections 75-d and 75-e)

Ordinary Death Benefit

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 4 percent and will be further reduced by 4 percent 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 joined before January 1, 2001, chose a different death benefit, and die while in active service, your beneficiary will be paid the greater of the two death benefits.

If you are a vested member with at least ten years of credited service, have not retired and you die more than one year after leaving public employment, 50 percent of the death benefit may still be payable. This benefit is also payable if you die within one year of leaving covered service but were gainfully employed during that time.

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 $30,000

$30,000 × 3 $90,000
(reduction for working after age 60) − 7,200
(ordinary death benefit at retirement) $82,800

1st year of retirement (50 percent of ordinary death benefit): $41,400

2nd year of retirement (25 percent of ordinary death benefit): $20,700

After 2nd year of retirement (10 percent of benefit at age 60): $9,000