§ 657. Survivor's benefit for retired state employees. 1. a. The term
"retired state employee" as used in this section shall mean a former
employee or officer of the state (1) who while in state service retired
for any cause from any retirement system or pension plan supported by
funds of the state other than the state university optional retirement
program of article eight-B of the education law or the education
department optional retirement program of article three, part V, of the
education law, or (2) who while in state service retired for any cause
from either or both such optional retirement programs provided he or she
had thereupon attained age fifty-five, or (3) who terminated state
service for any cause on or after the attainment of age sixty-two; and
who, at the time he or she retired pursuant to subparagraph one or two
of this paragraph or terminated service pursuant to subparagraph three
of this paragraph, had ten or more years of full time service as a state
employee, provided that the ten years' full time service were within the
last fifteen years prior to such retirement or termination. For purposes
of this section, no person shall be deemed to be or have been an
employee or officer of the state or in the state service for any period
during which his or her salary was not paid directly by the state,
except a person employed in an institution specified in paragraph b of
this subdivision or a person employed in an authority or commission
specified in paragraph c of this subdivision.

b. For all purposes of this section alone, the state colleges of
agriculture, home economics, industrial and labor relations, and
veterinary medicine, the state agricultural experiment station at
Geneva, and any other institution or agency under the management and
control of Cornell university, as the representative of the board of
trustees of the state university of New York, and the state college of
ceramics under the management and control of Alfred university, as the
representative of the board of trustees of the state university of New
York shall be deemed to be the state.

c. For the purpose of determining eligibility for benefits under this
section, previous service rendered as an employee of an authority or
commission established under the public authorities law shall be
credited to a retired state employee as state service, provided such
authority or commission has in effect, at the time of retirement of such
retired employee, a provision for a survivor's benefit which is
substantially equivalent to that provided in this section and in which
previous state service is credited to retired authority or retired
commission employees toward eligibility for such survivor's benefit.

d. For the purpose of determining eligibility for benefits under this
section, no retired state employee who retired prior to October first,
nineteen hundred sixty-six shall be eligible for benefits hereunder
unless such retiree is a pensioner of the New York state and local
employees' retirement system or the New York state and local police and
fire retirement system.

2. The amount of a survivor's benefit under this section shall be a
lump sum of two thousand dollars, except that where a retired state
employee dies while reemployed as provided in subdivision four of this
section or dies within thirty days following retirement pursuant to
subdivision one of this section, the amount of the survivor's benefit
under this section, if any, shall be two thousand dollars less any
ordinary death benefit, exclusive of any ordinary death benefit
attributable to the reserve-for-increased-take-home-pay, payable on
account of the death of such employee under a retirement system or
pension plan supported by funds of the state.

3. In addition to the benefit provided pursuant to subdivision two of
this section an additional benefit shall be provided on behalf of
retired state employees who retire or terminate their services, as
defined by subdivision one of this section, on or after April first,
nineteen hundred seventy, except, however, such additional benefits
shall be provided on behalf of retired state employees who were members
of the state police in a collective negotiating unit consisting of
commissioned officers established pursuant to article fourteen of the
civil service law who retire or terminate their services, as defined by
subdivision one of this section, on or after April first, nineteen
hundred seventy-one, and on behalf of retired state employees who were
members of the state police in a collective negotiating unit defined in
the certification of the public employment relations board dated
December twenty-ninth, nineteen hundred seventy in case numbers C-0570
and C-0575 established pursuant to article fourteen of the civil service
law who retire or terminate their services, as defined by subdivision
one of this section, on or after April first, nineteen hundred
seventy-two, of one thousand dollars, except that where such retired
state employee dies while reemployed as provided in subdivision five of
this section or dies within thirty days following retirement pursuant to
subdivision one of this section, the amount of the survivor's benefit
under this section, if any, shall be three thousand dollars less any
ordinary death benefit, exclusive of any ordinary death benefit
attributable to the reserve-for-increased-take-home-pay, payable on
account of the death of such employee under a retirement system or
pension plan supported by funds of the state in lieu of the survivor's
benefits specified in subdivision two of this section.

4. A survivor's benefit under this section shall not be payable in any
case in which a survivor's benefit is payable pursuant to section six
hundred fifty-five of this chapter.

5. The eligibility for survivor's benefit protection provided by this
section of a retired state employee who subsequently reenters state
service, or enters the service of a participating employer of a
retirement system or pension plan supported by funds of the state, shall
continue but only until such employee attains eligibility either for
coverage under the survivor's benefit program provided by section six
hundred fifty-five of this article or for payment of an ordinary death
benefit of two thousand dollars or more, exclusive of any ordinary death
benefit attributable to the reserve-for-increased-take-home-pay, payable
on account of the death of such employee under such a retirement system
or pension plan. Each time such employee leaves state service, or the
service of such a participating employer, and loses the eligibility
attained following such entry or reentry, such employee shall again
become eligible for payment of a survivor's benefit provided by this
section.

6. The survivor's benefit payable under this section shall be paid to
such person or persons as the retired state employee shall have last
nominated to receive benefits under a retirement option of the
retirement system or pension plan supported by funds of the state of
which such employee last became a member, or if such employee did not
nominate such a beneficiary, or if such beneficiary has died, or if the
employee was not a member of such a retirement system or pension plan,
to the person last specifically designated by such employee to receive
the survivor's benefit under this section on a form prescribed by and
filed with the state comptroller. In the event such a designated
beneficiary does not survive such employee, or if a beneficiary was not
designated, the survivor's benefit shall be payable to the estate of the
retired state employee or as provided in section thirteen hundred ten of
the surrogate's court procedure act.

7. The survivor's benefit fund provided for by subdivision seven of
section six hundred fifty-five of this article shall be the fund from
which survivor's benefit payments pursuant to this section shall be
paid.

8. The state comptroller shall prescribe such regulations as may be
required for the effective administration and implementation of the
provisions of this section including the establishment of criteria for
determining eligibility for payment under this section. The state
comptroller may enter into agreement with other agencies to perform such
duties as may be necessary to implement the provisions of this section.

9. a. Every state department or agency shall promptly inform the state
comptroller of the retirement or termination, as defined by subdivision
one of this section, of any employee on whose behalf a survivor's
benefit under this section may be payable. Such employer shall set forth
the relevant state employment record of the employee and such other
information as is required by the form to be prescribed by the state
comptroller.

b. Every public retirement system or pension plan within the state
shall promptly inform the state comptroller of the death of any member
on whose behalf a survivor's benefit under this section may be payable.
Such system or plan shall set forth the name or names of the beneficiary
or beneficiaries, if any, last designated by the member under any
retirement option selected and such other information as is required by
the form to be prescribed by the state comptroller.

10. A designated beneficiary of every retired state employee who filed
a designation of beneficiary form with the state comptroller must file
an application with the state comptroller for a survivor's benefit under
this section within six months after the death of such employee in order
to qualify for the survivor's benefit provided by this section. For good
cause shown, the state comptroller may waive this time requirement.

11. The provisions of this section shall apply to retired state
employees who retire or terminate their service, as defined by
subdivision one of this section, on or before June thirtieth, nineteen
hundred seventy-four, provided, however, that nothing herein shall be
deemed to apply to any employee who retired on or before September
thirtieth, nineteen hundred sixty-six and who died prior to the
effective date of this subdivision.