N.Y. Comp. Codes R. & Regs. tit. 2 § 318.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 318.3 - Establishing eligibility for death benefits

(a) A member of the New York State and Local Employees' Retirement System or New York State and Local Police and Fire Retirement System will be considered to have been engaged in "continuous service" as that term is used or referred to in sections 60(f), 60-a, 60-b, 360(g), 360-a, 360-b, 448(e), 508(e), and 606(e) of such law, only for the purpose of establishing eligibility for a death benefit, if, during the period in question, he was eligible to receive service credit, and he met any of the following requirements:

(1) He received compensation for each day in the period. For the purpose of this requirement a person shall be deemed to have received compensation for each day of a calendar month if he shall have earned at least 20 hours of salary during such a month.

(2) He received, or will receive, full service credit for such employment.

(3) He worked the applicable minimum number of hours per year provided in section 318.2(a)(2) of this Part. This minimum will be based upon the 12-month period immediately preceding his last day on the payroll prior to his death. If a participating employer has not certified to the retirement system the number of hours worked by a member, the total hours worked during the State fiscal year will be determined by dividing the gross salary received in the State fiscal year by the member's hourly rate of pay, if known, or by the State's minimum wage during such period, if the member's hourly rate of pay is not known.

(b) In addition to meeting one of the requirements set forth in subdivision (a) of this section, the member, if not on the payroll on the date of death, must not have been otherwise gainfully employed since he ceased to be on the payroll.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 318.3