Tag Archives: Death Benefits

Why Your Retirement Plan Publication Is So Important

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Your plan publication is an essential resource that you should consult throughout your career. It will help you plan for retirement and guide you when your retirement date draws near.

Reminder: you can use this tool to help you find your retirement plan publication.

Let’s explore the information you’ll find in your plan publication and what it means.

retirement plan publication

About Your Membership

This section has basic information about your membership, including your tier, contributions, when you will be eligible for a pension and how to withdraw your membership if you leave public employment.

Service Credit

Service credit is one of the main factors in determining your pension benefit amount. If you work full-time for the State or a participating municipal employer for 12 months, you’ll earn a year of service credit. If you work part-time, your service credit is prorated.

You’ll also find information about how your service credit is calculated, how to purchase credit for previous public employment or military service, how leaves of absence affect service credit, and how sick leave can be used for extra service credit at retirement.

Final Average Earnings

Final average earnings (FAE) are another major factor in determining the amount of your pension. Your FAE is the average earnings during the set of consecutive years (three or five years, depending on your tier and retirement plan) when your earnings were highest.

This section describes what types of payments are used in calculating your FAE and any limitations that may apply.

Service Retirement Benefits

This section describes your retirement eligibility and how your benefit is calculated. If you have questions about how much your pension will be, you should read this section.

Choosing a Pension Payment Option

You can choose from several options for the payment of your pension. Some payment options allow you to provide for your spouse or other beneficiary after you die in exchange for a reduction in your monthly payment. Consider each payment option carefully, as you’ll only have at most 30 days to change it after you retire.

Items That May Affect Your Pension

This section describes factors that can change the amount of your pension. For example, if you retire with an outstanding loan, your pension will be permanently reduced. Also, if you get a divorce, your ex-spouse may be entitled to a portion of your benefit.

A cost-of-living adjustment (COLA), on the other hand, would increase your benefit once you become eligible.

Vested Retirement Benefits

If you leave public employment before retirement age but have met the minimum service requirement to receive a pension, you can apply for a vested retirement benefit when you become eligible.

Disability and Death Benefits

Your NYSLRS benefits include more than a pension. If you are no longer able to perform your job because of a medical condition, you may be eligible for a disability retirement. If you die before retirement, your survivors may be eligible for a death benefit.

Receiving Your Benefits

Before you can receive your pension, you must file an application with the Office of the State Comptroller. This section describes the process of applying for your retirement benefits, including information about filing online.

Can I change my beneficiary?

Can You Change Your Beneficiary After You Retire?

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Can you change your beneficiary after you retire? That depends. If it’s the beneficiary for your pension, in most cases the answer is no. If you choose a pension payment option that provides a lifetime benefit for a surviving beneficiary, you cannot change that beneficiary, even if they die before you do. If your retirement plan provides a one-time, lump sum death benefit after you retire, you can change your beneficiary (or beneficiaries) for that benefit.

Can you change your beneficiary?

Available Pension Payment Options

At retirement, you will choose from a variety of pension payment options. After your pension becomes payable, you have up to 30 days to change your option. After that, you cannot change your pension payment option for any reason.

  • If you don’t want to leave a lifetime benefit to someone else, the Single Life Allowance option may be right for you, but you won’t be able to change your option and add a beneficiary later. For example, if you’re single when you retire and marry during retirement, you cannot change your option to one that provides a continuing benefit for your spouse.
  • If you want to leave a lifetime benefit to someone, there are several Joint Allowance options you can choose. After your death, if your beneficiary survives you, they will continue to receive all or part of your pension (depending on the specific option you choose) for the rest of their life. For these options, you can only name one beneficiary, and you cannot change that beneficiary after the 30-day window.
  • There are payment options that allow you to change your beneficiary. For example, with the Five Year Certain or Ten Year Certain options, you can change your beneficiary at any time, but these options only provide a short-term benefit for a survivor.

The Post-Retirement Death Benefit

Your pension is not your only NYSLRS retirement benefit. Most NYSLRS retirees are eligible for a death benefit if they retired directly from payroll or within one year of leaving covered employment. This post-retirement death benefit is a one-time, lump-sum payment. You can change your beneficiary for this benefit at any time, and your beneficiaries for this benefit do not have to be the same as your pension payment option beneficiary.

Visit our Death Benefits page for retirees for information about how your post-retirement death benefit is calculated and how to update your beneficiaries if you are retired.

If you have questions about beneficiaries, death benefits or pension payment options, please contact us.

Reporting a Member’s or Retiree’s Death to NYSLRS

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When a NYSLRS member or retiree dies, it is important that survivors report the death to NYSLRS as soon as possible.

How Survivors Can Report a Death

Survivors can find the report a death form on the NYSLRS website.

The form has two parts: The first section is for the person reporting the death to enter information about themselves. They should be sure to include a phone number in case we need to contact them. In the second part, they should enter information about the deceased member or retiree. If they know the deceased’s NYSLRS ID or the last four digits of their Social Security number, they should enter that too.

reporting a death

Survivors can upload a photocopy of the death certificate so NYSLRS can begin identifying any benefits that may be payable. (Note: we will still need an original death certificate before any benefits are paid – see below.) The form is transmitted over a secure network.

Survivors can also report a death by calling our toll-free number at 1-866-805-0990 (or 518-474-7736 in the Albany, New York area), weekdays from 7:30 am to 5:00 pm. Once they reach the call menu, they should press 3, then 1. The call will be transferred to a customer service representative, who will ask for:

  • The deceased’s NYSLRS ID, retirement or registration number or Social Security number.
  • The date of death.

We may also ask for the addresses and phone numbers of immediate family members who may be beneficiaries. Please note: Our customer service representatives cannot release the identities of a member’s or retiree’s beneficiaries over the phone.

Mailing a Death Certificate

Before any death benefits can be processed or paid, NYSLRS will need an original, certified death certificate, even if a photocopy has already been submitted. The death certificate (and the sender’s contact information) should be mailed to:

NYSLRS
Attn: Survivor Services
110 State St
Albany, NY 12244

We recommend that death certificates be sent by certified mail, return receipt requested.

What Happens Next

Once we receive the death certificate, we will send named beneficiaries or their certified representatives (guardians, powers of attorney, executors) information about death benefits and, if applicable, information about any continuing pension benefits and death benefits that may be payable based on the member or retiree’s tier and retirement plan. We will also send named beneficiaries the appropriate forms to complete.

It could take several months from the date we are notified of a death to the date that any death benefit is paid. This is the average time necessary to recover any pension payments made after the retiree’s death and calculate any death benefit that may be due, as well as receive a certified copy of the death certificate, tax withholding forms and notarized forms from the named beneficiaries. Our top priority is paying a continuing pension benefit as soon as possible.

If a member is retired when he or she dies, we will stop payment of any outgoing pension benefits. We will automatically reclaim any direct deposit payments that went out after a member’s death. Survivors should be aware that any uncashed pension checks in a deceased retiree’s name must be returned to us.

Talk to Your Loved Ones

If you’re a NYSLRS member or retiree, you should talk to your loved ones and provide them with the information they’ll need when the time comes. Let them know your wishes, where to find important papers and what steps they will need to take. And if your documents are organized and accessible, it will make things that much easier.

Our publication Getting Your Affairs in Order and A Guide for Survivors provides step-by-step guidance about what should be done now and after a member’s or retiree’s death.

Prepare Your Affairs and Survivors

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After you’re gone, will your loved ones know how to handle your affairs? Will they know where to find your important documents, such as your will? Will they be able to make sense of your finances? Putting these affairs in order now can better prepare your survivors during an already difficult time.

prepare your affairs and survivors

Organize Your Documents

The first step to putting your affairs in order is collecting assorted records, certificates and other paperwork in a secure place. You’ll also want to write down names and phone numbers for any friends or business associates who could be helpful (like your attorney, accountant, insurance agent and the executor of your will).

To help your survivors find these important documents, fill out a Where My Assets Are (VO1848) form. Review this list and update it as needed.

Talk to Your Loved Ones

You may not feel comfortable discussing your death, but all your preparation won’t do any good if you keep your wishes a secret. Once you’ve collected your files and put together a list, let your potential survivors know where your documents are and provide them with copies of your asset list.

Discuss your finances with your loved ones, including your children, if any of the money matters involve them. Explain your NYSLRS benefits (such as your death benefits) and let them know how to report your death to NYSLRS. They can complete the NYSLRS Report a Death Form or call us at 866-805-0990. Death benefits cannot be paid until we have a certified death certificate.

Be sure to also discuss your funeral and burial preferences and let your family know about any arrangements you have already made.

Other Steps to Take When Organizing Your Affairs

You may have already taken care of some of these steps as part of your estate planning, but it never hurts to go back and check to make sure they still reflect your wishes.

  • Work with an attorney to prepare a will or trust.
  • Review your beneficiary information in Retirement Online and make sure we have the correct contact information for your beneficiaries.
  • Consider advance directives, such as a durable power of attorney, living will, health care proxy or do-not-resuscitate order. If you have minor children, you may wish to name a guardian for them. If you have a child with a disability, consult a professional who can help you navigate Medicaid and Medicare.
  • Keep your loved ones apprised of any changes to your situation that may affect them.

Read Getting Your Affairs in Order and A Guide for Survivors and share this publication with your potential survivors. The second half provides information for your survivors and explains what to do and who to contact if a loved one dies.

Know Your Benefits: Death Benefits

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If you die while still on the job, your beneficiary may be eligible to receive a death benefit. Here is an overview of member death benefits.  

(If you are retired, visit our Death Benefit page for retirees to learn about available benefits.)

Know your death benefits

Types of Death Benefits

Most members who die while they’re still working will leave their beneficiaries what’s called an ordinary death benefit. The benefit is a lump sum payment usually equal to one year of your earnings per year of service, up to a maximum of three years, but the calculation of the death benefit can be different if you’re in a special retirement plan. Please visit our Death Benefits page to see which calculation applies to you. Generally, to qualify for the ordinary benefit, you must have at least one year of service credit and your death must occur while you are on the public payroll. Check your retirement plan booklet for other qualifying circumstances.

Some members who die because of an on-the-job accident (not due to their own willful negligence) may leave their beneficiary an accidental death benefit. If paid to a surviving spouse or dependent parent, the benefit is a lifetime pension. For Employees’ Retirement System (ERS) Tier 4, 5 and 6 members, the benefit is 50 percent of your earnings from your last year of service. For a majority of other members, the benefit is 50 percent of your final average earnings (less any workers’ compensation benefit). There is no minimum service credit requirement to qualify for the accidental benefit.

Death benefits vary by tier and retirement plan, so check your retirement plan for specific benefit and eligibility information and contact us if you have questions.

Reporting a Death

NYSLRS cannot pay out any death benefits until after we are notified of a member’s death and have a certified copy of the member’s death certificate. That’s why it’s so important to talk with your family now about your benefits and how to report your death to NYSLRS. Survivors can report a member’s death using our online form.

Update Your Beneficiaries

In most cases (unless beneficiaries are determined by law, as in the case of accidental death benefits), your death benefit will be paid to the last beneficiaries you designated, so it’s important to be sure yours are up to date. Your beneficiaries are listed in your Retirement Online account and on your Member Annual Statement. You can update your beneficiary information using Retirement Online.

Ten Things Every NYSLRS Retiree Should Know

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Even after you retire, it’s important to stay informed about your NYSLRS benefits. Here are ten things every NYSLRS retiree should know.

NYSLRS retiree
  1. Your retirement benefits are guaranteed by the State Constitution. Under Article 5, Section 7, your pension benefit cannot be “diminished or impaired.”
  2. The Common Retirement Fund, the pool of money your retirement benefits are paid from, is safe and secure. It has been widely recognized as one of the best-funded and best-managed public pension funds in the nation.
  3. Your NYSLRS pension is not subject to New York State or local income taxes, but it may be subject to federal income tax. Visit our Taxes and Your Pension page for more information.
  4. If you move to another state, your pension may be subject to that state’s income tax. Find out which states tax NYSLRS pensions.
  5. More than 95 percent of NYSLRS retirees use direct deposit for their monthly payment and their payments promptly arrive in their accounts on the last business day of each month. You can find out when your next pension payment is coming by checking our online pension payment calendar.
  6. You can stay informed about your benefits with Retirement Online. Creating an account is easy, and in many cases, you can use Retirement Online instead of sending in forms or calling NYSLRS.
  7. If you need proof of your retirement income to rent an apartment or get a mortgage, you can generate a pension verification letter in Retirement Online.
  8. Once you become eligible for a cost-of-living adjustment (COLA), you will receive annual increases in your pension amount. When your net benefit amount changes, NYSLRS will inform you.
  9. Your beneficiaries may be entitled to a death benefit after you die.
  10. A Guide for Retirees is a handy resource on our website. It provides important information about your benefits and the services NYSLRS provides for its retirees.

Not retired yet? Read our blog post Ten Things Every NYSLRS Member Should Know.

Enhanced Death Benefit for Survivors of COVID-19 Victims

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COVID-19 has resulted in tens of thousands of deaths across New York State. Sadly, the pandemic’s victims include NYSLRS members who carried out their essential duties despite personal risk.

The families of these selfless members can take some comfort in knowing that they may be eligible for enhanced death benefits. A new law provides certain beneficiaries of public employees who contract COVID-19 on the job and die from COVID-19 with an accidental death benefit.

death benefit for survivors of COVID-19 victims

Most NYSLRS members are eligible for a death benefit if they die while in service; this “ordinary death benefit” provides a member’s designated beneficiary or beneficiaries a single, lump sum payment, worth up to three years’ salary. Alternatively, an “accidental death benefit” may be available to certain beneficiaries if the member’s death is a result of an on-the-job accident. The NYSLRS accidental death benefit is a pension paid to beneficiaries that are defined in statute, first to a surviving spouse, if no spouse to dependent children, then to dependent parent(s).

Generally, the accidental death benefit is equal to 50 percent of the member’s final average salary or last year’s salary depending on the retirement plan the member is enrolled in. You can find your retirement plan information on our Publications page. In addition to the accidental death benefit, a special accidental death benefit may also be payable to a member of the New York State and Local Police and Fire Retirement System.

“This new law is an important step toward protecting public workers who are on the front lines fighting the coronavirus and helping their communities,” said New York State Comptroller Thomas P. DiNapoli. “If something happens to them, they deserve their retirement benefits and the peace of mind that their families are provided for.”  

Eligibility Requirements

A NYSLRS member’s statutory beneficiary would be eligible for the accidental death benefit if the member:

  • Worked at either their normal workplace or another assigned workplace, not their residence, as directed by their employer, on or after March 1, 2020;
  • Contracted COVID-19 within 45 days of the last day that the member reported for work;
  • Died on or before December 31, 2022; and
  • Died from COVID-19 or COVID-19 caused or contributed to their death.

The COVID-19 benefit also applies to members who were working as of March 1 but retired prior to July 1, 2020. If the retiree met the eligibility requirements, contracted COVID at work or within 45 days of last reporting to work, and died after retiring, but on or before December 31, 2020, their statutory beneficiary has the option of converting the service retirement benefit or disability retirement benefit to an accidental death benefit.

The COVID-19 benefit is available for all NYSLRS members (Employees’ Retirement System as well as Police and Fire Retirement System members), regardless of job title, or tier.

How to Claim the Benefit

When someone calls NYSLRS to report a death, they should let us know it was COVID-related. We’ll also ask for an original death certificate. We will then reach out to the beneficiary to assist them in claiming the benefit. For the COVID-19 death benefit, NYSLRS will confirm with the employer the dates that the member reported to work and request the required documentation showing COVID-19 as the cause of death. The COVID-19 death benefit will be reduced by any ordinary death benefits paid out to a beneficiary by NYSLRS.

Why Designate a Beneficiary?

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When you designate a beneficiary, you choose a person to receive a benefit after your death. By choosing a beneficiary, you’re ensuring that money goes to the person you want to receive it.

Why Should I Designate a Beneficiary? is a short, but informative booklet that explains beneficiary designations and how you can change them.

It is important to designate a beneficiary because that person may be eligible to receive a death benefit. If you are a State employee, they may also be eligible for New York State survivor’s benefit. Most retirees are eligible for a post-retirement death benefit depending on their retirement plan and tier. You can designate a beneficiary to receive this one-time, lump sum benefit after your death.

A beneficiary is often a spouse, a child or another relative, but it does not have to be a family member or even a person. You can designate a trust or organization to receive your ordinary death benefit.

designate a beneficiary

Types of Beneficiaries

The booklet describes the two types of beneficiaries.

A primary beneficiary is the person who receives your death benefit. You can name more than one primary beneficiary. Each will share the benefit equally, unless you indicate specific percentages to be paid to each beneficiary.

A contingent beneficiary will receive your death benefit if all the primary beneficiaries die before you.

The booklet also has a section describing special beneficiary designations, which is helpful if you wish to name a minor child, a trust or an estate as a beneficiary

When to Designate a Beneficiary

You should review your beneficiary information periodically to make sure your beneficiary designations are up to date and reflect your current desires. Retirement Online provides convenient access to this information, which you can also find in your most recent Member Annual Statement.

If you get married, get a divorce or have a child, you may wish to change your beneficiary designation. Retirement Online is the convenient and secure way to update your beneficiaries. Sign in to your account, then click “View and Update My Beneficiaries.” You can also complete a Designation of Beneficiary form and mail it to NYSLRS.

You can change the beneficiary designation for your death benefit at any time. But remember, a beneficiary designation is a legal document, so you’ll want to avoid some common errors that could make your choices void. Fortunately, this booklet includes a list of guidelines that will help you avoid these pitfalls, and it is available online whenever you need to consult it.

Other Publications

Read our recent blog posts about other NYSLRS publications.

Divorce Affects Other NYSLRS Benefits

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signing divorce documents

We’ve written here before about how divorce affects your NYSLRS pension, what a DRO is and why it’s required. However, NYSLRS members have other benefits besides their pensions. Divorce and DROs may affect some of them as well.

Ordinary Death Benefit

As with your pension, a DRO may direct you to designate your ex-spouse as a beneficiary for some portion of your ordinary death benefit. You should file the DRO with NYSLRS as soon as it’s officially accepted by the court. We will prepare a custom beneficiary form that complies with the DRO. Also be sure to choose additional beneficiaries for any remainder of the benefit and submit your changes to NYSLRS.

Post-Retirement Ordinary Death Benefit

Most Tier 2, 3, 4, 5 and 6 members of the Employees’ Retirement System (ERS) are covered by a post-retirement ordinary death benefit. A DRO may direct you to designate your ex-spouse as a beneficiary for some portion of the benefit. You should file the DRO with NYSLRS as soon as it’s officially accepted by the court. Be sure to contact us to choose additional beneficiaries as allowed by the DRO.

Loans

NYSLRS members who meet eligibility requirements can borrow a certain percentage of their contribution balance. DROs may be written to prohibit members from taking future loans.

Outstanding loan balances at retirement reduce retirees’ pension benefits. Unless a DRO specifically provides that the ex-spouse’s share of the pension be calculated without reference to outstanding loans, the ex-spouse’s portion will also be reduced if a NYSLRS loan is not paid off before retirement.

Refunds

Occasionally, NYSLRS may refund a member’s contributions because of a tier reinstatement, membership withdrawal, membership transfer or excess contributions. If the member is divorced and NYSLRS has a DRO on file, the DRO will determine whether a portion of the refund must go to the ex-spouse. Generally, if the DRO doesn’t mention a contributions refund, the member receives the full amount.

Keeping Your Ex-Spouse as Beneficiary

A divorce, annulment or judicial separation removes a member’s former spouse as beneficiary of certain death benefits and retirement options, except as provided by the divorce judgment or decree, or a DRO. So, if you have gone through a divorce, annulment or judicial separation and you do NOT have a DRO, you must resubmit your beneficiary designation to NYSLRS to retain your former spouse as a beneficiary.

The easiest way to do this is by using Retirement Online, our secure, self-service web application. You can also submit a Designation of Beneficiary form.

Death Benefits For ERS Members

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Among the most important benefits a NYSLRS membership provides are death benefits. When you’re covered by a death benefit, your beneficiary may receive a payment on your behalf at your death.

Death benefits can vary by tier and retirement plan, so for the purpose of today’s post, let’s focus our attention on the Employees’ Retirement System (ERS) Tier 2, 3, 4, 5 and 6 members in regular plans. (If you’re in a special 20- or 25-year plan or are a Tier 1 member, please review your plan publication to learn more about your death benefits.)

The Ordinary Death Benefit

You’re eligible for the ordinary death benefit when you have one year of service credit. Your beneficiary would receive this benefit if you died while working for a public employer.

  • After one year of service, the ordinary death benefit is equal to your last year’s salary.
  • After two years of service, the benefit equals two times your last year’s salary.
  • After three or more years of service, the benefit equals three times your last year’s salary.

Post Retirement Death Benefits ERS Regular-Plans

The Post-Retirement Death Benefit

Your beneficiary may also be eligible for a post-retirement death benefit if you retire directly from your employer’s payroll or within one year of leaving covered employment.

  • During your first year of retirement, the post-retirement death benefit is 50 percent of your ordinary death benefit payable at retirement.
  • During your second year of retirement, the benefit is 25 percent of your ordinary death benefit.
  • During your third year and thereafter, the benefit is 10 percent of the ordinary death benefit that would have been payable at age 60 (if any) or at retirement, whichever was earlier.

There may be other death benefits available in your retirement plan. Please read the Death Benefit section in your plan publication for more information. If you have any questions about death benefits, please email us using our secure email form.