New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System
Part 309 - Application For Retirement Benefits While On An Authorized Leave Of Absence Without Pay For Medical Reasons Or While Receiving Benefits Payments From Either Workers' Compensation Or Other Employer-funded Disability Programs
Section 309.7 - Death of a member
Current through Register Vol. 46, No. 12, March 20, 2024
For the purposes of determining eligibility to the various death benefits provided by the Retirement and Social Security Law, a member shall be deemed to have died in the service upon which membership is based or while on the payroll in the event that death occurs:
(a) while on an authorized leave of absence without pay, granted for medical reasons, which has continuously been in effect since the member was last paid on the payroll; or
(b) while receiving benefit payments from either Workers' Compensation or other employer-funded disability programs, provided that such members' employment has not terminated by resignation, employer action or any means, and provided that two years have not elapsed from the last date the member was being paid on the payroll.
