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 319 - Calculation Of Death Benefits For Retirees Restored To Membership
Section 319.1 - Background

(a) A person who enters or reenters public service on or after July 1, 1973 shall be deemed to be a new member of the Retirement System and subject to the provisions of article 11 of the Retirement and Social Security Law. Section 448 of the Retirement and Social Security Law provides for a death benefit to members of a retirement system who join or rejoin a retirement system on or after July 1, 1973 and who have rendered at least one year of service. The calculation of death benefits payable pursuant to section 448 is based upon the years of service rendered by the member.

(b) Section 60(a) of the Retirement and Social Security Law provides that when a retired member returns to service, total service credit, for the purpose of calculating his death benefit, shall include service rendered prior to his retirement, provided that he shall have rendered at least one year of service since he last became a member. The following rule establishes the terms and conditions by which the member will be entitled to former service credit in the calculation of his death benefit under section 448 of the Retirement and Social Security Law.