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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev.12/02
STATE OF NEW YORK
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact New York State
Department of Health, Empire State Plaza, Corning Tower Building, 2nd Floor, Albany,
NY 12237, phone (212) 619-4530.
For the five boroughs of New York City (Bronx, Manhattan, Queens, Brooklyn, and Staten
Island), contact Vital Records, Department of Health, 125 Worth Street, New York, NY
10013, phone (212) 566-6402.
STATE DEATH BENEFITS
Any death benefits that may be available are administered through the New York State
Retirement System. They administer the payment of Ordinary Death Benefits, Accidental
Death Benefits, and Disability Benefits.
STATE PENSION BENEFITS
The State Retirement System covers its members with two different types of death benefits:
ordinary death benefits and accidental death benefits.
The ordinary death benefit is paid to the designated beneficiary if a member credited with at
least one year of service since last joining the Police and Fire Retirement System dies while
employed in public service, or while on medical leave without pay. The ordinary death
benefit may also be payable when a member dies within one year of leaving public
employment, provided he had not been otherwise gainfully employed during that year.
The accidental death benefit is paid on behalf of members who die as the direct result of an
on-the-job accident, regardless of their length of time in service.
The ordinary death benefit is paid to the beneficiary designated by the member. The first
$50,000 of this benefit is group term life insurance and is exempt from Federal income tax
under present rulings. Ordinary death benefits are paid in a single lump sum payment;
however, the beneficiary of a Tier 1 member may elect to receive the benefit as an annuity.
Tier 1 Ordinary Death Benefits - The regular ordinary death benefit (Section 360 of the
Retirement and Social Security Law) is equal to 1/12th of the member's last year's earnings
multiplied by the member's service credit up to thirty-six years.
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If a member who is eligible to retire dies in service, an alternative death benefit is payable if it
provides a larger benefit. This benefit would be the initial value of the member's pension if
he retired the day he died. However, the benefit calculation for members covered by the age
55 plan provides a smaller benefit than the formula used if they actually had retired.
Tier 2 Ordinary Death Benefits - Tier 2 members enrolled in a plan which permits
retirement upon completion of a specified period of service without regard to age are covered
by a death benefit after completion of ninety days of service. This benefit is equal to three
times the member's salary raised to the next multiple of one thousand dollars. This
benefit cannot exceed three times the maximum salary specified in Section 130 of the Civil
Service Law or the specific limitations regarding age at entrance into service (See limitations
described under Death Benefit Two.)
Members employed by New York State in the Security Services unit or Security Services
supervisors, in Parkway Police, Capital Police and Environmental Conservation
Division of Enforcement should refer to the section of this article describing their special
benefit.
Tier 2 members not enrolled in a special retirement plan which allows for retirement on the
basis of service credit regardless of age, must select one of the death benefits described below
within the first ninety days after becoming members of the Retirement System, or by law, they
are paid to the beneficiaries designated by the active members.
Death Benefit One is equal to 1/12th of the member's last year's earnings multiplied by their
years of service credit, up to thirty-six years. If a member dies at age 62 or older, while still
in service, an initial value of the member's pension is calculated. The initial value is calculated
under Section 375-c (RSSL). This amount is compared to the benefit provided by 1/12th of
the last year's earnings for each year of service and the greater benefit is paid.
Death Benefit One is not payable if the member's death occurs after retirement.
Death Benefit Two is equal to the member's salary during the last year of service multiplied
by the number of years of service, up to three years. This benefit is subject to the following
limitations based on the member's age at date of membership:
Age Last Joined System Maximum Benefit
52 Salary x 2 1/2
53 Salary x 2
54 Salary x 1 1/2
55 to 64 Salary x 1
65 and over $1,000
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If the member remains in service at age 61, the amount payable as Death Benefit Two is
reduced to 90% of the total benefit. Thereafter, each year the member remains in service the
benefit is reduced by an additional 10% to a minimum of 10% of the original benefit.
After retirement, the benefit payable is reduced to 50% of the benefit payable prior to
retirement. The second year of retirement, the benefit is reduced by an additional 25%.
The third year of retirement and thereafter, the benefit is 10% of the benefit in force at age
60, or at the time of retirement, whichever occurred first.
Special Death Benefit for New York State Police, Security Services Unit Members and
Supervisors, Parkway Police, Capital Police and Members in the Environmental
Conservation Division of Enforcement. A special ordinary death benefit, in lieu of the basic
ordinary death benefit, is payable to the beneficiary(ies) designated by the member upon the
death of a member or officer of the New York State Police who is covered by Section 381-b
(twenty year retirement plan) and has credit for ninety or more days of service while actually a
member of the Retirement System.
This benefit is equal to three times the member's annual salary raised to the next higher
multiple of one thousand dollars.
For members or officers of the State Police who were in service on or before April 1, 1969, a
benefit equal to the ordinary death benefit - 1/12th X last year's earnings X number of years of
service (up to 36 years), is payable if it provides a larger death benefit than the special death
benefit.
The death benefit payable on behalf of officers or members of State Police who enter or
reenter service after April 1, 1969, can never exceed three times the member's last year's
salary raised to the next higher multiple of one thousand dollars.
Accidental Death Benefits - The Accidental Death Benefit is a benefit payable in monthly
installments. The yearly amount payable is equal to the member's final salary, payable in
the order shown below:
1. to a widow(er) for life or until remarriage
2. where there is no wodiw(er) or in the event of remarriage, to minor cildren
until the last child reaches age 18
3. where there is no widow(er) and no minor children, to a dependent parent for
life.
This benefit is subject to reduction by the amount of any Workers’ Compensation benefit
paid or payable. If the combined accidental death and Workers’ Compensation payments do
not equal or exceed the amount of the ordinary death benefit, the Retirement System
will pay the difference to the designated beneficiary or to the estate. This benefit applies
to the widow/er of a paid uniformed member of a county sheriff’s department (outside
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the city of New York), New York City policement, firemen, transit police, housing police,
and New York City corrections officers.
Reasonable funeral expenses, not to exceed $3,000, will be paid to families of police officers
who die from injuries received in the line of duty as a direct result of a crime, without regard
to the financial difficulty of the claimant.
Police Officers or Representatives - Cause of Action for Injury or Death: In addition to
any other right of action or recovery under any other provision of law, in the event any
accident, causing injury, death or a disease which results in death, occurs directly or indirectly
as a result of any neglect, omission, willful or culpable negligence of any person or persons in
failing to comply with the requirements of any of the statutes, rules, orders and requirements
of the federal, state, county, village, town or governments or of any and all their departments,
divisions and bureaus, the person or persons guilty of said neglect, omission, willful or
culpable negligence at the time of such injury or death shall be liable to pay any officer, or
the spouse and children, or pay to the parents, or pay to the brothers and sisters, being
the surviving heirs-at-law of any deceased person thus having lost his life, a sum of
money, in the case of death not less than five thousand dollars ($5,000).
New York State Employees Retirement System:
Chapter 348 Sec. 6231A
(1) The pension paid to the widow or widower will continue during
his or her lifetime. If the deceased police officer shall leave no
widow or widower, or if their widow or widower shall die
before all his or her children shall have attained the age of
18, or if students, before all o f his or her children shall have
attained age 23, or sooner die, then to
(2) His or her child or children under age eighteen, divided in such
manner as the comptroller, in his discretion, shall determine.
Such pension shall continue as a joint and survivor pension until
every such child shall have attained age eighteen. If there are no
dependent children than monies should be distributed to
(3) His or her dependent mother or father.
The pension on account of accidental death and the reserve for increased take-home pay shall
be paid to:
(1) The member's widow or widower to continue during his or her
lifetime. If he or she shall leave no widow or widower, or if his
or her widow shall die before all his or her children shall have
attained age 18, or if students, before all of his or her
children shall have attained age 23, or sooner die, then to
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(2) His or her children, if no dependent children then payable to
(3) His or her dependent father or dependent mother, such pension
shall continue for the life of the parent so elected.
Specific retirement information can be obtained by contacting the New York State and
Local Police and Fire Retirement System, Governor Alfred E. Smith State Office
Building, Albany, NY 12244; (518) 473-1791, or contact the New York City Police
Pension Fund, 1 Police Plaza, New York, NY 10038 to see what their policies are.
EDUCATION BENEFITS
Memorial scholarships for families of deceased police officers and firefighters
supplement.
Memorial scholarships provide financial aid to children or spouses of deceased police officers,
correction officers, firefighters and volunteer firefighters of New York state who have died as
the result of injuries sustained in the line of duty. This scholarship supplements the $450
received through the Child of Police Officer-Firefighter-Correction Officer (CPF) award
programs. Awards are made for full-time undergraduate study at approved colleges and other
post secondary institutions in New York State. Note: Spouses are eligible for scholarship
payments effective with the 1993-94 academic year.
You must be a New York State resident and attending an approved undergraduate program in
New York State. The police officer, correction officer, firefighter or volunteer firefighter
must have died as the result of injuries sustained in the line of duty as a member of a
department in New York State.
The Memorial Scholarship award will be equal to the applicant's actual tuition cost or the
State University of New York (SUNY) undergraduate tuition, whichever is less. Students
attending institutions with tuition charges higher than the SUNY tuition charges may, if
eligible, receive additional assistance through New York's Tuition Assistance Program
(TAP). Memorial Scholarships also provide funds to meet the non-tuition costs of attending
college. At SUNY and CUNY (City University of New York State), the annual award would
be equal to the non-tuition cost of attendance less any federal Pell Grant and any other federal
and state-funded scholarships or grants. Non-tuition costs include room and board and an
allowance for books, supplies and transportation. At a private college, the award would be
equal to the average of the non-tuition costs at SUNY colleges less any federal Pell Grant or
other federal and state-funded scholarships or grants.
The annual filing deadline is May 1 of the academic year.
The amount is paid for four years of full-time undergraduate study (or for five years in an
approved five-year bachelor's program). For additional information or to receive an
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application write to Ms. Noreen Grose, Supervisor, New York State Higher Education
Services Corporation, (NYSHESC) 99 Washington Avenue, Albany, NY 12255; or call
(888) 697-4372, or go to www.hesc.com/memorial.html.
HEALTH BENEFITS
Health plans vary. Check with your local department to determine benefit packages
available.
The surviving family of members of the New York State Police will have health coverage
extended at no cost for 3 months. At the end of this time period the family will be offered to
continue the coverage at your local city's group rate which is substantially lower than an
individual rate.
The New York State Civil Service Department, Civil Service Building, Campus, Albany,
NY 12239, is responsible for any health care benefits that may be available.
WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for employers in New York.
Benefit is 66 2/3% of the employee's wage for spouse only or spouse with child(ren) with a
minimum weekly benefit of $40 and a maximum weekly benefit of $400. Payments are
subject to Social Security benefit offsets.
Two-year lump sum payable to spouse upon remarriage and weekly benefits cease.
Children receive benefits until age 18 or beyond age 18 if disabled, or until age 23 if full-time
students. Funeral expenses are limited to amounts established in a fee schedule of charges
and costs for funeral services established by the Chairperson of the New York Workers'
Compensation Board.
To receive workers' compensation benefits the surviving spouse must take the initiative and
file a workers' compensation claim through a workers' compensation attorney to receive any
compensation. The determination as to whether the claim will be paid will be determined by
the Workers' Compensation Appeals Board.
Contact the New York State Workers' Compensation board, 180 Livingston Street,
Brooklyn, NY 11248, telephone (719) 802-6600.
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PERSONAL LIFE POLICIES
Descent and Distribution: In case of intestacy, real property descends and personal property
is distributed according to same rules.
Distribution of intestate decedent's estate as follows: (1) If decedent survived by spouse and
issue, $50,000 and one-half of residue to spouse, balance to issue, by representation; (2) if
decedent survived by spouse and no issue, whole to spouse; (3) if decedent survived by issue
and no spouse, whole to issue, by representation; (4) if decedent is survived by parent(s) and
no spouse or issue, whole to surviving parent(s), except that parent who neglected or refused
to provide for, or abandoned, child under 21 may not inherit from such child whether or not
such child dies before 21; (5) if decedent survived by issue of parents and no spouse, issue or
parents whole to issue of parents, by representation; (6) if decedent survived by grandparent(s)
or their issue, and no spouse issue, parent or issue of parents, grandparent, children of
grandparents or grandchildren of grandparents, one-half to great-grandchildren of paternal
grandparents, per capita, and one-half to great grandchildren of maternal grandparents, per
capita.
Incident to its determination of distributees entitled to share in estate, court may adjudge that
person who might otherwise be distributee is dead or that no distributees other than those
stated in record exist.
In case of intestacy, occurring on or after August 11, 1977, distributee may renounce all or
part of his share of all property of decedent. Renunciation must be filed within nine months
of effective date of disposition. Affidavit must be submitted by renouncing party that no
consideration has been or will be received from person whose interest is being accelerated,
unless otherwise authorized by court. Renunciation on behalf of infant, incompetent or
deceased person requires court approval. Renunciation has same effect with respect to
renounced share as though renouncing person had predeceased deceased decedent and is
retroactive to creation of disposition.
Surviving Spouse - cannot inherit from deceased spouse where: (a) There has been a final
decree or judgment of divorce, of annulment or declaring nullity of marriage or dissolving
such marriage on ground of absence, recognized as valid in N.Y.; (b) marriage was void as
being incestuous, bigamous, or prohibited remarriage; (c) survivor has obtained in another
jurisdiction final decree of judgment of divorce, an annulment or declaring nullity of marriage
or dissolving such marriage on ground of absence, not recognized as valid in N.Y.; (d) there
has been final decree or judgment of separation rendered against survivor, recognized as valid
in NY; (e) survivor abandoned decedent and such abandonment continued until time of death;
(f) surviving spouse who had the means to support decedent, failed or refused to provide for
decedent, unless such marital duty was resumed and continued until death of decedent.
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PEER SUPPORT ORGANIZATION
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families
of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide. There are two chapters operating in the State of New York.
Western New York COPS, Investigator Fred Andriaccio, President, 722 Homer Street,
Olean, NY 14760, (716) 373-2552, fandriac@troopers.state.ny.
Southern Tier of New York COPS, Mrs. Mary Barta-Merriam, President, 76 Kendall
Avenue, Binghamton, NY 13903, telephone (607) 724-8532.
ADDITIONAL BENEFITS
A memorial to police officers slain in the line of duty was constructed on the Empire State
Plaza in the city of Albany. Contact person is Deputy Commissioner O'Conner, Office
of General Services, (518) 474-0335.
Counseling Expenses of Survivors - In recognition of the devastating effect homicide has
on the surviving members of a victim's family, counseling will be reimbursed. Family
members of police officers killed in the line of duty as the direct result of a crime will be
eligible for Crime Victims Board compensation, without regard to financial hardship, for
counseling necessary to address the emotional trauma resulting from the loss of a loved one.
Family members that are included are widow, children, parents, brothers, sisters, and
guardians.
Fraternal Order of Police - $1,000 life insurance death benefit to a surviving beneficiary of
an F.O.P. member in good standing. Contact your local F.O.P.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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