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 348 - Payment Of Disability Retirement Benefits Pursuant To Chapter 710, Laws Of 1989
Section 348.3 - Prospective application of chapter 710, laws of 1989

(a) Where the beneficiaries for the death benefit and the disability retirement option are the same, the Retirement System shall perform the comparison described in subdivision c, above, except that the annual option payment shall be multiplied by the appropriate factor and the lump sums shall be compared.

(b) Where the beneficiary(ies) of ordinary death benefits payable under section 60 or section 360 is (are) different from the beneficiary(ies) under Chapter 710, the disability retirement shall be deemed effective on the date prior to death, as provided under Chapter 710 of the Laws of 1989.