Tag Archives: ordinary death benefit

Know Your Benefits: Death Benefits

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NYSLRS membership provides more than just retirement benefits. For most members, if you die while in active service, 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 your available benefits.

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.” This is a lump sum payment that’s usually equal to one year of your earnings per year of service, up to a maximum of three years. 

Generally, to leave your beneficiaries this death benefit, you must have at least one year of service credit and your death must occur while you are on the public payroll.

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. The accidental death benefit is a pension payable to your spouse. Other beneficiaries, as specified by law, may be eligible if there is no spouse.

  • For Employees’ Retirement System (ERS) Tier 4, 5 and 6 members, the benefit would be 50 percent of your earnings from your last year of service.
  • For most other members, the benefit would be 50 percent of your final average earnings (less any workers’ compensation benefit).

There is no minimum service credit requirement to leave an accidental death benefit.

The specific death benefits that may be available to your beneficiaries depend on your tier and retirement plan. Find Your NYSLRS Retirement Plan Publication and check it for specific benefit amount and eligibility information.

Note: For public employees who contract COVID-19 on the job and die from COVID-19, their beneficiaries may be eligible for an enhanced death benefit. Find out more about the Enhanced Death Benefit for Survivors of COVID-19 Victims.

Review and Update Your Beneficiaries

You should periodically review your beneficiary designations. Life circumstances sometimes change, and the beneficiary you may have named before might not be the one you would choose today. You should also make sure your beneficiary’s contact information is up to date so we can find them when needed.

Retirement Online is the best way to manage your beneficiary information. Sign in to Retirement Online today and click “View and Update My Beneficiaries” to review your named beneficiaries, and update them if needed.

Reporting a Death

NYSLRS cannot pay out death benefits until after we are notified of a member’s death and have a certified copy of the death certificate. The fastest way for survivors to report a member’s death to NYSLRS is using our online form on our website. Survivors can also upload a copy of the certified death certificate, which enables us to start reaching out to the beneficiary. It’s important to talk with your family about your benefits and how to report your death to NYSLRS.

Payment of Death Benefits

NYSLRS will reach out to your beneficiaries on file and send them the application and instructions for receiving benefits. NYSLRS can pay death benefits once it receives the required documentation.

Divorce Affects Other NYSLRS Benefits

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We’ve written before about how divorce may affect your pension benefit. However, NYSLRS members have other benefits besides their pension, and divorce may affect some of them as well.

NYSLRS must have an approved Domestic Relations Order (DRO) on file to pay benefits to the ex-spouse of a member. The DRO is a court order, issued after a final judgment of divorce, that gives NYSLRS specific instructions on how your benefits should be split.

divorce affects other NYSLRS benefits

Ordinary Death Benefit

A DRO may direct you to designate your ex-spouse as a beneficiary for some portion of your ordinary death benefit. This is the death benefit that would be payable to your beneficiaries if you die in active service (before retiring) so you should file the DRO with NYSLRS as soon as it’s officially accepted by the court. Be sure to choose additional beneficiaries for any remainder of the benefit and submit your changes to NYSLRS. (If your designations conflict with the terms of the DRO, the DRO will take precedence over any other beneficiary designations.)

Post-Retirement Death Benefit

Most Tier 2, 3, 4, 5 and 6 members of the Employees’ Retirement System (ERS) are covered by a post-retirement death benefit. A DRO may direct you to designate your ex-spouse as a beneficiary for some portion of the benefit.

Accidental Death Benefit

Your accidental death benefit becomes available to specific beneficiaries if you die as a result of an on-the-job accident. Those beneficiaries are designated by law, and only those beneficiaries may receive this benefit — even if there is a 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. The ex-spouse’s share of the pension will also be reduced unless the DRO specifically provides that the ex-spouse’s share be calculated without reference to outstanding loans.

Contribution Refunds

Occasionally, NYSLRS may refund a member’s contributions because of a tier reinstatement, membership withdrawal or membership transfer. Some members are eligible to make voluntary contributions and withdraw them as excess contributions. Generally, if a DRO doesn’t mention a contribution refund, the member will receive the full amount.

Divorce, Annulments, Separation and Your Beneficiaries

As of July 7, 2008, beneficiary designations for certain death benefits are automatically revoked when a divorce, annulment or judicial separation becomes final. If you are divorced, it is especially important to review your beneficiary designations to ensure your benefits will be distributed according to your wishes and your divorce agreement.  

The best way to view and update your death benefit beneficiaries is by using Retirement Online. You can also submit a paper designation of beneficiary form. Visit our View and Update Your Beneficiaries page for more information and instructions. If you are already retired, visit our Death Benefit page for retirees for information about available death benefits and how to update your beneficiaries and their contact information.

Visit our How Divorce Can Affect NYSLRS Benefits page for more information, including how divorce can affect service credit, disability benefits or retiree cost-of-living adjustments.

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.