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 349 - Survivor's Benefit For Active And Retired State Employees
Section 349.3 - Benefits

(a) For purposes of determining the amount of the survivor's benefit for seasonal employees and for employees paid on an hourly, per diem or biweekly basis, the employee's annual rate of compensation shall be his hourly, per diem or biweekly rate of pay as of the date he was last on the payroll prior to death multiplied by the number of hours, days or biweekly periods, respectively which he would have worked during the 12 months immediately preceding his last day on the payroll if he had rendered continuous service during such period, working the number of hours per week and weeks per year normally and regularly required of employees holding the same position.

(b) The survivor's benefit under section 655 of the Civil Service Law shall be paid to the person nominated by the State employee to receive the ordinary death benefit under the public pension plan to which the employee belonged even if the employee has not served for a sufficient period to be eligible for such ordinary death benefit.