S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5558

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 1, 2011
                               ___________

Introduced by Sen. BALL -- (at request of the State Comptroller) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Civil Service and Pensions

AN ACT to amend the retirement and  social  security  law,  the  general
  municipal  law, the education law, the administrative code of the city
  of New York and the civil service law, in relation to providing  death
  benefits and health insurance coverage to eligible survivors of public
  employees who die while ordered to service in the uniformed services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The closing paragraph of subdivision a of section 60 of the
retirement and social security law, as added by chapter 105 of the  laws
of 2005, is amended to read as follows:
  Notwithstanding  the  provisions  of any other law to the contrary and
solely for the purpose of determining eligibility for an ordinary  death
benefit  and/or  guaranteed  ordinary  death  benefit, a member shall be
considered to have died while in service upon which his or  her  member-
ship  was  based  provided such member was on the payroll in the service
upon which membership is based at the time he  or  she  was  ordered  to
active duty[, other than for training purposes,] pursuant to Title 10 of
the United States Code, with the armed forces of the United States OR TO
SERVICE  IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE and died while on such active duty OR SERVICE  IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the  laws  of  two  thousand five which added this paragraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE.   Provided, further,  that  any  such  member
ordered  to  such active duty with the armed forces of the United States
OR IN SERVICE IN THE UNIFORMED SERVICES who died prior to rendering  the
minimum  amount  of  service  necessary  to be eligible for this benefit
shall be considered to have satisfied the minimum service requirement.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11146-04-1

              

S. 5558                             2

  S 2. Subparagraph (b) of paragraph 3 of subdivision f of section 60 of
the retirement and social security law, as amended by chapter 105 of the
laws of 2005, is amended to read as follows:
  (b)  the  term  "death  in  service" shall include the death of such a
member who dies while off the payroll provided he or she (i) was on  the
payroll  in such service and paid within a period of twelve months prior
to his or her death, or was on the payroll in  the  service  upon  which
membership  is  based at the time he or she was ordered to active duty[,
other than for training purposes,] pursuant to Title 10  of  the  United
States Code, with the armed forces of the United States OR TO SERVICE IN
THE  UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE and died while  on  such  active  duty  OR  SERVICE  IN  THE
UNIFORMED SERVICES on or after [the effective date of the chapter of the
laws  of  two  thousand five which amended this subparagraph] JUNE FOUR-
TEENTH, TWO  THOUSAND  FIVE,  (ii)  had  not  been  otherwise  gainfully
employed  since  he  or  she  ceased to be on such payroll and (iii) had
credit for one or more years of continuous service since he last entered
or reentered the service of his or her  employer.    Provided,  further,
that  any  such  member ordered to active duty[, other than for training
purposes,] pursuant to Title 10 of the  United  States  Code,  with  the
armed  forces  of  the  United  States  OR  TO  SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED  STATES  CODE
who  died  prior to rendering the minimum amount of service necessary to
be eligible for this benefit shall be considered to have  satisfied  the
minimum service requirement.
  S  3. Subdivision c of section 60-a of the retirement and social secu-
rity law, as amended by chapter 105 of the laws of 2005, is  amended  to
read as follows:
  c. For the purposes of this section an employee who dies while off the
payroll  shall be considered to be in service provided he or she (1) was
on the payroll in such service and paid within a period of twelve months
prior to his or her death, or was on the payroll  in  the  service  upon
which  membership  is  based at the time he or she was ordered to active
duty[, other than for training purposes,] pursuant to Title  10  of  the
United  States  Code,  with  the armed forces of the United States OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38  OF
THE  UNITED STATES CODE and died while on such active duty OR SERVICE IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the laws of two thousand five which amended this subdivision] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE, (2) had not been otherwise gainfully employed
since he or she ceased to be on such payroll and (3) had credit  for  at
least  one  year  of  continuous service since he or she last entered or
reentered the service of his or her employer.  Provided,  further,  that
any  such  member  ordered  to  active  duty[,  other  than for training
purposes,] pursuant to Title 10 of the  United  States  Code,  with  the
armed  forces  of  the  United  States  OR  TO  SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED  STATES  CODE
who  died  prior to rendering the minimum amount of service necessary to
be eligible for this benefit shall be considered to have  satisfied  the
minimum service requirement.
  S  4.  Subdivision  (a)  of  section 60-b of the retirement and social
security law, as amended by chapter 105 of the laws of 2005, is  amended
to read as follows:
  (a)  Pursuant  to the provisions of section thirty-three of this arti-
cle, a participating employer may elect to provide a guaranteed ordinary
death benefit upon the death in service of its employees  who  (i)  meet

S. 5558                             3

all  the  requirements  of  section  sixty  of  this article except that
contained in paragraph three of subdivision (a) thereof, and  (ii)  last
entered  or  reentered  the  employ of a participating employer prior to
April  first,  nineteen  hundred eighty-five, and were in such employ on
March thirty-first, nineteen hundred eighty-five, and (iii) last  joined
or  rejoined  a  public retirement system of the state or a municipality
thereof before July first, nineteen hundred seventy-three, and (iv)  had
not  attained  age sixty at the date of such entrance into such service,
and (v) had rendered ninety or more days of continuous  service  in  the
service  of  such participating employer during the fifteen month period
immediately preceding death. For the purposes of this section an employ-
ee who dies while off the payroll shall be considered to be  in  service
provided he or she (1) was on the payroll in such service and paid with-
in  a  period  of twelve months prior to his or her death, or was on the
payroll in the service upon which membership is based at the time he  or
she  was  ordered  to  active  duty[, other than for training purposes,]
pursuant to Title 10 of the United States Code, with the armed forces of
the United States OR TO SERVICE IN THE UNIFORMED  SERVICES  PURSUANT  TO
CHAPTER  43 OF TITLE 38 OF THE UNITED STATES CODE and died while on such
active duty OR SERVICE IN THE UNIFORMED SERVICES on or after [the effec-
tive date of the chapter of the laws of two thousand five which  amended
this  subdivision]  JUNE FOURTEENTH, TWO THOUSAND FIVE, (2) had not been
otherwise gainfully employed since he  or  she  ceased  to  be  on  such
payroll  and  (3) had credit for one or more years of continuous service
since he or she last entered or reentered the  service  of  his  or  her
employer.  Provided,  further,  that  any  such member ordered to active
duty[, other than for training purposes,] pursuant to Title  10  of  the
United  States  Code,  with  the armed forces of the United States OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38  OF
THE UNITED STATES CODE who died prior to rendering the minimum amount of
service necessary to be eligible for this benefit shall be considered to
have satisfied the minimum service requirement.
  S  5.  The  closing  paragraph  of  subdivision a of section 61 of the
retirement and social security law, as added by chapter 105 of the  laws
of 2005, is amended to read as follows:
  Notwithstanding  the  provisions of section two hundred forty-two, two
hundred forty-three or two hundred forty-four of the military law or the
provisions of any other law to the contrary and solely for  the  purpose
of  determining  eligibility  for  an accidental death benefit, a member
shall be considered to have died as the natural and proximate result  of
an  accident  sustained  in the performance of duty provided such member
was on the payroll in the service upon which membership is based at  the
time  he  or  she  was  ordered to active duty[, other than for training
purposes,] pursuant to Title 10 of the  United  States  Code,  with  the
armed  forces  of  the  United  States  OR  TO  SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED  STATES  CODE
and  died  while  on  such  active  duty  OR IN SERVICE IN THE UNIFORMED
SERVICES on or after [the effective date of the chapter of the  laws  of
two thousand five which added this paragraph] JUNE FOURTEENTH, TWO THOU-
SAND FIVE.
  S  6.  The  closing  paragraph  of subdivision a of section 360 of the
retirement and social security law, as added by chapter 105 of the  laws
of 2005, is amended to read as follows:
  Notwithstanding  the  provisions  of any other law to the contrary and
solely for the purpose of determining eligibility for an ordinary  death
benefit  and/or  guaranteed  ordinary  death  benefit, a member shall be

S. 5558                             4

considered to have died while in service upon which his or  her  member-
ship  was  based  provided such member was on the payroll in the service
upon which membership is based at the time he  or  she  was  ordered  to
active duty[, other than for training purposes,] pursuant to Title 10 of
the United States Code, with the armed forces of the United States OR TO
SERVICE  IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE and died while on such active duty OR SERVICE  IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the  laws  of  two  thousand five which added this paragraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE.   Provided, further,  that  any  such  member
ordered  to active duty with the armed forces of the United States OR TO
SERVICE IN THE UNIFORMED SERVICES who died prior to rendering the  mini-
mum amount of service necessary to be eligible for this benefit shall be
considered to have satisfied the minimum service requirement.
  S  7.  Subparagraph (b) of paragraph 3 of subdivision g of section 360
of the retirement and social security law, as amended by chapter 105  of
the laws of 2005, is amended to read as follows:
  (b)  the  term  "death  in  service" shall include the death of such a
member who dies while off the payroll provided he or she (i) was on  the
payroll  in such service and paid within a period of twelve months prior
to his or her death, or was on the payroll in  the  service  upon  which
membership  is  based at the time he or she was ordered to active duty[,
other than for training purposes,] pursuant to Title 10  of  the  United
States Code, with the armed forces of the United States OR TO SERVICE IN
THE  UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED
STATES CODE and died while  on  such  active  duty  OR  SERVICE  IN  THE
UNIFORMED SERVICES on or after [the effective date of the chapter of the
laws  of  two  thousand five which amended this subparagraph] JUNE FOUR-
TEENTH, TWO  THOUSAND  FIVE,  (ii)  had  not  been  otherwise  gainfully
employed  since  he  or  she  ceased to be on such payroll and (iii) had
credit for one or more years of continuous service since he or she  last
entered  or  reentered  the  service  of  his or her employer. Provided,
further, that any such member ordered to active duty[,  other  than  for
training purposes,] pursuant to Title 10 of the United States Code, with
the  armed  forces  of  the United States OR TO SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED  STATES  CODE
who  died  prior to rendering the minimum amount of service necessary to
be eligible for this benefit shall be considered to have  satisfied  the
minimum service requirement.
  S 8. Subdivision c of section 360-a of the retirement and social secu-
rity  law,  as amended by chapter 105 of the laws of 2005, is amended to
read as follows:
  c. For the purposes of this section an employee who dies while off the
payroll shall be considered to be in service provided he or she (1)  was
on the payroll in such service and paid within a period of twelve months
prior  to  his  or  her death, or was on the payroll in the service upon
which membership is based at the time he or she was  ordered  to  active
duty[,  other  than  for training purposes,] pursuant to Title 10 of the
United States Code, with the armed forces of the  United  States  OR  TO
SERVICE  IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE and died while on such active duty OR SERVICE  IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the laws of two thousand five which amended this subdivision] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE, (2) had not been otherwise gainfully employed
since  he  or she ceased to be on such payroll and (3) had credit for at
least one year of continuous service since he or  she  last  entered  or

S. 5558                             5

reentered  the  service  of his or her employer. Provided, further, that
any such member  ordered  to  active  duty[,  other  than  for  training
purposes,]  pursuant  to  Title  10  of the United States Code, with the
armed  forces  of  the  United  States  OR  TO  SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED  STATES  CODE
who  died  prior to rendering the minimum amount of service necessary to
be eligible for this benefit shall be considered to have  satisfied  the
minimum service requirement.
  S  9.  Subdivision  (a)  of section 360-b of the retirement and social
security law, as amended by chapter 105 of the laws of 2005, is  amended
to read as follows:
  (a)  Pursuant  to the provisions of section three hundred thirty-three
of this article, a participating employer may elect to provide a guaran-
teed ordinary death benefit upon the death in service of  its  employees
who  (i)  meet all of the requirements of section three hundred sixty of
this title except that contained in paragraph three of  subdivision  (a)
thereof,  and (ii) last entered or reentered the employ of a participat-
ing employer prior to April first,  nineteen  hundred  eighty-five,  and
were in such employ on March thirty-first, nineteen hundred eighty-five,
and  (iii)  last  joined  or  rejoined a public retirement system of the
state or a municipality thereof  before  July  first,  nineteen  hundred
seventy-three,  and  (iv) had not attained age sixty at the date of such
entrance into such service, and (v) had rendered ninety or more days  of
continuous  service in the service of such participating employer during
the fifteen month period immediately preceding death. For  the  purposes
of  this  section  an  employee  who dies while off the payroll shall be
considered to be in service provided he or she (1) was on the payroll in
such service and paid within a period of twelve months prior to  his  or
her death, or was on the payroll in the service upon which membership is
based  at the time he or she was ordered to active duty[, other than for
training purposes,] pursuant to Title 10 of the United States Code, with
the armed forces of the United States OR TO  SERVICE  IN  THE  UNIFORMED
SERVICES  PURSUANT  TO  CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE
and died while on such active duty OR SERVICE IN THE UNIFORMED  SERVICES
on  or after [the effective date of the chapter of the laws of two thou-
sand five which amended this subdivision] JUNE FOURTEENTH, TWO  THOUSAND
FIVE,  (2)  had  not  been  otherwise gainfully employed since he or she
ceased to be on such payroll and (3) had credit for one or more years of
continuous service since he or she last entered or reentered the service
of his or her employer. Provided, further, that any such member  ordered
to active duty[, other than for training purposes,] pursuant to Title 10
of the United States Code, with the armed forces of the United States OR
TO  SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38
OF THE UNITED STATES CODE who died prior to rendering the minimum amount
of service necessary to be eligible for this benefit shall be considered
to have satisfied the minimum service requirement.
  S 10. The closing paragraph of subdivision a of  section  361  of  the
retirement  and social security law, as added by chapter 105 of the laws
of 2005, is amended to read as follows:
  Notwithstanding the provisions of section two hundred  forty-two,  two
hundred forty-three or two hundred forty-four of the military law or the
provisions  of  any other law to the contrary and solely for the purpose
of determining  eligibility  for  an  accidental  death  benefit  and/or
special  accidental  death benefit, a member shall be considered to have
died as the natural and proximate result of an accident sustained in the
performance of duty provided such member  was  on  the  payroll  in  the

S. 5558                             6

service upon which membership is based at the time he or she was ordered
to active duty[, other than for training purposes,] pursuant to Title 10
of the United States Code, with the armed forces of the United States OR
TO  SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38
OF THE UNITED STATES CODE and died while on such active duty OR  SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of  the laws of two thousand five which added this paragraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE.
  S 11. Subdivisions e and f of section 448 of the retirement and social
security law, subdivision e as amended and subdivision  f  as  added  by
chapter 105 of the laws of 2005, are amended to read as follows:
  e. For the purposes of this section:
  1.  A  member who dies while off the payroll shall be considered to be
in service provided he or she (a) was on the payroll in such service and
paid within a period of twelve months prior to his or her death, or  was
on the payroll in the service upon which membership is based at the time
he  or  she  was  ordered  to  active  duty[,  other  than  for training
purposes,] pursuant to Title 10 of the  United  States  Code,  with  the
armed  forces  of  the  United  States  OR  TO  SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED  STATES  CODE
and  died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES
on or after [the effective date of the chapter of the laws of two  thou-
sand  five which amended this subdivision] JUNE FOURTEENTH, TWO THOUSAND
FIVE, (b) had not been otherwise gainfully  employed  since  he  or  she
ceased to be on such payroll and (c) had credit for one or more years of
continuous service since he or she last entered or reentered the service
of  his  or  her employer; notwithstanding any other provision of law to
the contrary, a member of the New York city employees' retirement system
or the board of education retirement system of  the  city  of  New  York
shall  be  deemed  to  have died on the payroll for the purposes of this
section in the event that death  occurs  while  such  member  is  on  an
authorized  leave  of  absence without pay for medical reasons which has
continuously been in effect since  the  member  was  last  paid  on  the
payroll  in such service, provided, however, that such member was on the
payroll in such service and paid within the four-year  period  prior  to
his or her death; and
  2.  The  benefit  payable  shall be in addition to any payment made on
account of a member's accumulated contributions.
  3. Provided, further, that any such member ordered  to  active  duty[,
other  than  for  training purposes,] pursuant to Title 10 of the United
States Code, with the armed forces of the United States OR TO SERVICE IN
THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED
STATES  CODE  who  died prior to rendering the minimum amount of service
necessary to be eligible for this benefit shall be  considered  to  have
satisfied the minimum service requirement.
  f. Notwithstanding the provisions of any other law to the contrary and
solely  for the purpose of determining eligibility for the death benefit
payable pursuant to this section, a person subject to this section shall
be considered to have died  while  in  teaching  service  provided  such
person  was  in such service at the time he or she was ordered to active
duty[, other than for training purposes,] pursuant to Title  10  of  the
United  States  Code,  with  the armed forces of the United States OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38  OF
THE  UNITED STATES CODE and died while on such active duty OR SERVICE IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the laws of two thousand five which added this subdivision]  JUNE  FOUR-

S. 5558                             7

TEENTH,  TWO  THOUSAND  FIVE.  Provided,  further,  that any such person
ordered to active duty[, other than for training purposes,] pursuant  to
Title  10 of the United States Code, with the armed forces of the United
States OR TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF
TITLE 38 OF THE UNITED STATES CODE who died prior to rendering the mini-
mum amount of service necessary to be eligible for this benefit shall be
considered to have satisfied the minimum service requirements.
  S  12. Subdivision e of section 508 of the retirement and social secu-
rity law, as amended by chapter 105 of the laws of 2005, is  amended  to
read as follows:
  e. For the purposes of this section:
  1.  A  member who dies while off the payroll shall be considered to be
in service provided he or she (a) was on the payroll in such service and
paid within a period of twelve months prior to his or her death, or  was
on the payroll in the service upon which membership is based at the time
he  or  she  was  ordered  to  active  duty[,  other  than  for training
purposes,] pursuant to Title 10 of the  United  States  Code,  with  the
armed  forces  of  the  United  States  OR  TO  SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED  STATES  CODE
and  died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES
on or after [the effective date of the chapter of the laws of two  thou-
sand  five which amended this subdivision] JUNE FOURTEENTH, TWO THOUSAND
FIVE, (b) had not been otherwise gainfully  employed  since  he  or  she
ceased to be on such payroll and (c) had credit for one or more years of
continuous service since he or she last entered or reentered the service
of his or her employer; and
  2.  The  benefit  payable  shall be in addition to any payment made on
account of a member's accumulated contributions.
  3. Provided, further, that any such member ordered  to  active  duty[,
other  than  for  training purposes,] pursuant to Title 10 of the United
States Code, with the armed forces of the United States OR TO SERVICE IN
THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED
STATES  CODE  who  died prior to rendering the minimum amount of service
necessary to be eligible for this benefit shall be  considered  to  have
satisfied the minimum service requirement.
  S  13.  The  closing  paragraph of subdivision a of section 509 of the
retirement and social security law, as amended by  chapter  489  of  the
laws of 2008, is amended to read as follows:
  Notwithstanding  the  provisions of section two hundred forty-two, two
hundred forty-three or two hundred forty-four of the military law or the
provisions of any other law to the contrary and solely for  the  purpose
of  determining  eligibility  for  an accidental death benefit, a member
shall be considered to have died as the natural and proximate result  of
an  accident  sustained  in the performance of duty provided such member
was on the payroll in the service upon which membership is based at  the
time  he  or  she  was  ordered to active duty[, other than for training
purposes,] pursuant to Title 10 of the  United  States  Code,  with  the
armed  forces  of  the  United  States  OR  TO  SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED  STATES  CODE
and  died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES
on or after [the effective date of chapter one hundred five of the  laws
of  two  thousand  five which added this paragraph] JUNE FOURTEENTH, TWO
THOUSAND FIVE.
  S 14. Subdivision e of section 606 of the retirement and social  secu-
rity  law,  as amended by chapter 105 of the laws of 2005, is amended to
read as follows:

S. 5558                             8

  e. For the purposes of this section:
  1.  A  member who dies while off the payroll shall be considered to be
in service provided he or she (a) was on the payroll in such service and
paid within a period of twelve months prior to his or her death, or  was
on the payroll in the service upon which membership is based at the time
he  or  she  was  ordered  to  active  duty[,  other  than  for training
purposes,] pursuant to Title 10 of the  United  States  Code,  with  the
armed  forces  of  the  United  States  OR  TO  SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED  STATES  CODE
and  died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES
on or after [the effective date of the chapter of the laws of two  thou-
sand  five which amended this subdivision] JUNE FOURTEENTH, TWO THOUSAND
FIVE, (b) had not been otherwise gainfully  employed  since  he  or  she
ceased to be on such payroll and (c) had credit for one or more years of
continuous service since he or she last entered or reentered the service
of  his  or  her employer; notwithstanding any other provision of law to
the contrary, a member of the New York city employees' retirement system
or the board of education retirement system of  the  city  of  New  York
shall  be  deemed  to  have died on the payroll for the purposes of this
section in the event that death  occurs  while  such  member  is  on  an
authorized  leave  of  absence without pay for medical reasons which has
continuously been in effect since  the  member  was  last  paid  on  the
payroll  in such service, provided, however, that such member was on the
payroll in such service and paid within the four-year  period  prior  to
his or her death; and
  2.  The  benefit  payable  shall be in addition to any payment made on
account of a member's accumulated contributions.
  3. Provided, further, that any such member ordered  to  active  duty[,
other  than  for  training purposes,] pursuant to Title 10 of the United
States Code, with the armed forces of the United States OR TO SERVICE IN
THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED
STATES  CODE  who  died prior to rendering the minimum amount of service
necessary to be eligible for this benefit shall be  considered  to  have
satisfied the minimum service requirement.
  S  15. Subdivision a of section 607 of the retirement and social secu-
rity law, as amended by chapter 489 of the laws of 2008, is  amended  to
read as follows:
  a.  The  eligible  beneficiary  of a member in service, or of a vested
member who dies as a result of a qualifying World Trade Center condition
as defined in section two of this chapter, shall be entitled to an acci-
dental death benefit in the form of a pension equal to fifty percent  of
such member's wages earned during his or her last year of actual service
or  his or her annual wage rate if he or she was credited with less than
one year of service since last becoming a member, if,  upon  application
filed  within  sixty days after the death of the member, the head of the
retirement system determines that such member died before the  effective
date  of  retirement, as the natural and proximate result of an accident
not caused by his  or  her  own  willful  negligence  sustained  in  the
performance  of his or her duties in active service and while actually a
member of the retirement system.
  Notwithstanding the provisions of section two hundred  forty-two,  two
hundred forty-three or two hundred forty-four of the military law or the
provisions  of  any other law to the contrary and solely for the purpose
of determining eligibility for an accidental  death  benefit,  a  member
shall  be considered to have died as the natural and proximate result of
an accident sustained in the performance of duty  provided  such  member

S. 5558                             9

was  on the payroll in the service upon which membership is based at the
time he or she was ordered to active  duty[,  other  than  for  training
purposes,]  pursuant  to  Title  10  of the United States Code, with the
armed  forces  of  the  United  States  OR  TO  SERVICE IN THE UNIFORMED
SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE  UNITED  STATES  CODE
and  died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES
on or after [the effective date of chapter one hundred five of the  laws
of  two  thousand  five which added this paragraph] JUNE FOURTEENTH, TWO
THOUSAND FIVE.
  Provided, however, the head of  the  retirement  system  in  its  sole
discretion  may  accept  an  application for an accidental death benefit
after the expiration of the sixty day filing  period,  where,  but  only
where, an ordinary death benefit has not been previously paid.
  S  16.  The second undesignated paragraph and the closing paragraph of
subdivision 2 of section 655 of the retirement and social security  law,
as  added  by  chapter  105  of the laws of 2005, are amended to read as
follows:
  Notwithstanding the provisions of any other law to  the  contrary  and
solely  for the purpose of determining eligibility for a survivors bene-
fit, a member shall be considered  to  have  died  while  on  the  state
payroll  provided  such  member  was  on the payroll in the service upon
which membership is based at the time he or she was  ordered  to  active
duty[,  other  than  for training purposes,] pursuant to Title 10 of the
United States Code, with the armed forces of the  United  States  OR  TO
SERVICE  IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE and died while on such active duty OR SERVICE  IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the  laws  of  two  thousand five which added this paragraph] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE.
  Provided, further, that any such member ordered to active duty[, other
than for training purposes,] pursuant to Title 10 of the  United  States
Code,  with  the  armed forces of the United States OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF  TITLE  38  OF  THE  UNITED
STATES  CODE  who  died prior to rendering the minimum amount of service
necessary to be eligible for this benefit shall be  considered  to  have
satisfied the minimum service requirement.
  S  17.  The second undesignated paragraph and the closing paragraph of
subdivision 2 of section 656 of the retirement and social security  law,
as  added  by  chapter  105  of the laws of 2005, are amended to read as
follows:
  Notwithstanding the provisions of any other law to  the  contrary  and
solely  for the purpose of determining eligibility for a survivors bene-
fit, a member shall be considered  to  have  died  while  on  the  state
payroll  provided  such member was on such payroll or was on the payroll
in the service upon which membership is based at the time he or she  was
ordered  to active duty[, other than for training purposes,] pursuant to
Title 10 of the United States Code, with the armed forces of the  United
States OR TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF
TITLE 38 OF THE UNITED STATES CODE and died while on such active duty OR
SERVICE IN THE UNIFORMED SERVICES on or after [the effective date of the
chapter  of  the  laws  of two thousand five which added this paragraph]
JUNE FOURTEENTH, TWO THOUSAND FIVE.
  Provided, further, that any such member ordered to active duty[, other
than for training purposes,] pursuant to Title 10 of the  United  States
Code,  with  the  armed forces of the United States OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF  TITLE  38  OF  THE  UNITED

S. 5558                            10

STATES  CODE  who  died prior to rendering the minimum amount of service
necessary to be eligible for this benefit shall be  considered  to  have
satisfied the minimum service requirement.
  S  18. Subdivision g of section 208-f of the general municipal law, as
added by chapter 105 of the laws of 2005, is amended to read as follows:
  g. Notwithstanding any other provision of law  to  the  contrary,  and
solely  for  the purposes of this section, a member otherwise covered by
this section shall be deemed to have died as the natural  and  proximate
result  of  an  accident sustained in the performance of duty upon which
his or her membership is based, and not as a result  of  willful  negli-
gence  on  his  or  her  part,  provided  that such member was in active
service upon which his or her membership is based at the time that  such
member  was  ordered to active duty[, other than for training purposes,]
pursuant to Title 10 of the United States Code, with the armed forces of
the United States OR TO SERVICE IN THE UNIFORMED  SERVICES  PURSUANT  TO
CHAPTER  43  OF TITLE 38 OF THE UNITED STATES CODE, and such member died
while on such active duty OR SERVICE IN THE  UNIFORMED  SERVICES  on  or
after  [the  effective  date  of the chapter of the laws of two thousand
five which added this subdivision] JUNE FOURTEENTH,  TWO  THOUSAND  FIVE
while serving on such active military duty OR IN THE UNIFORMED SERVICES.
  S  19.  Subdivision f of section 512 of the education law, as added by
chapter 105 of the laws of 2005, is amended to read as follows:
  f. Notwithstanding the provisions of any other law to the contrary and
solely for the purpose of determining eligibility for the death  benefit
payable pursuant to this section, a person subject to this section shall
be  considered  to  have  died  while  in teaching service provided such
person was in such service at the time he or she was ordered  to  active
duty[,  other  than  for training purposes,] pursuant to Title 10 of the
United States Code, with the armed forces of the  United  States  OR  TO
SERVICE  IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE and died while on such active duty OR SERVICE  IN
THE UNIFORMED SERVICES on or after [the effective date of the chapter of
the  laws  of two thousand five which added this subdivision] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE.  Provided,  further,  that  any  such  person
ordered  to active duty[, other than for training purposes,] pursuant to
Title 10 of the United States Code, with the armed forces of the  United
States  OR  TO SERVICE IN THE UNIFORMED SERVICERS PURSUANT TO CHAPTER 43
OF TITLE 38 OF THE UNITED STATES CODE who died prior  to  rendering  the
minimum  amount  of  service  necessary  to be eligible for this benefit
shall be considered to have satisfied the minimum service requirement.
  S 20. Paragraph (b) of subdivision 25 of section 2575 of the education
law, as added by chapter 105 of the laws of 2005, is amended to read  as
follows:
  (b)  Notwithstanding  any  other provision of law to the contrary, the
rules and regulations adopted pursuant to this section shall  be  deemed
to be amended to provide that a member of the retirement system shall be
deemed  to  have died as the natural and proximate result of an accident
sustained in the performance of duty upon which his or her membership is
based, and not as a result of willful negligence on  his  or  her  part,
provided  that  such  member was in active service upon which his or her
membership is based at the time that such member was ordered  to  active
duty[,  other  than  for training purposes,] pursuant to Title 10 of the
United States Code, with the armed forces of the  United  States  OR  TO
SERVICE  IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF
THE UNITED STATES CODE, and such member died while on such  active  duty
OR  SERVICE IN THE UNIFORMED SERVICES on or after [the effective date of

S. 5558                            11

the chapter of the laws of two thousand five which added  this  subdivi-
sion]  JUNE  FOURTEENTH,  TWO THOUSAND FIVE while serving on such active
military duty OR IN THE UNIFORMED SERVICES.
  S  21.  Subdivision  4 of section 13-244 of the administrative code of
the city of New York, as added by chapter 105 of the laws  of  2005,  is
amended to read as follows:
  4.  Notwithstanding  any  other  provision of law to the contrary, and
solely for the purposes of this section, a member  shall  be  deemed  to
have  died  as the natural and proximate result of an accident sustained
in the performance of duty upon which his or her  membership  is  based,
and  not  as a result of willful negligence on his or her part, provided
that such member was in active service upon which his or her  membership
is based at the time that such member was ordered to active duty[, other
than  for  training purposes,] pursuant to Title 10 of the United States
Code, with the armed forces of the United States OR TO  SERVICE  IN  THE
UNIFORMED  SERVICES  PURSUANT  TO  CHAPTER  43 OF TITLE 38 OF THE UNITED
STATES CODE, and such member died while on such active duty  OR  SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of  the  laws  of  two  thousand five which added this subdivision] JUNE
FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty
OR IN THE UNIFORMED SERVICES.
  S 22. Subdivision c of section 13-149 of the  administrative  code  of
the  city  of  New York, as added by chapter 105 of the laws of 2005, is
amended to read as follows:
  c. Notwithstanding any other provision of law  to  the  contrary,  and
solely  for  the  purposes  of this section, a member shall be deemed to
have died as the natural and proximate result of an  accident  sustained
in  the  performance  of duty upon which his or her membership is based,
and not as a result of willful negligence on his or her  part,  provided
that  such member was in active service upon which his or her membership
is based at the time that such member was ordered to active duty[, other
than for training purposes,] pursuant to Title 10 of the  United  States
Code,  with  the  armed forces of the United States OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF  TITLE  38  OF  THE  UNITED
STATES  CODE,  and such member died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five  which  added  this  subdivision]  JUNE
FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty
OR IN THE UNIFORMED SERVICES.
  S  23.  Subdivision  f of section 13-347 of the administrative code of
the city of New York, as added by chapter 105 of the laws  of  2005,  is
amended to read as follows:
  f.  Notwithstanding  any  other  provision of law to the contrary, and
solely for the purposes of this section, a member  shall  be  deemed  to
have  died  as the natural and proximate result of an accident sustained
in the performance of duty upon which his or her  membership  is  based,
and  not  as a result of willful negligence on his or her part, provided
that such member was in active service upon which his or her  membership
is based at the time that such member was ordered to active duty[, other
than  for  training purposes], pursuant to Title 10 of the United States
Code, with the armed forces of the United States OR TO  SERVICE  IN  THE
UNIFORMED  SERVICES  PURSUANT  TO  CHAPTER  43 OF TITLE 38 OF THE UNITED
STATES CODE, and such member died while on such active duty  OR  SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of  the  laws  of  two  thousand five which added this subdivision] JUNE

S. 5558                            12

FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty
OR IN THE UNIFORMED SERVICES.
  S  24.  Subdivision  d of section 13-544 of the administrative code of
the city of New York, as added by chapter 105 of the laws  of  2005,  is
amended to read as follows:
  d.  Notwithstanding  any  other  provision of law to the contrary, and
solely for the purposes of this section, a member  shall  be  deemed  to
have  died  as the natural and proximate result of an accident sustained
in the performance of duty upon which his or her  membership  is  based,
and  not  as a result of willful negligence on his or her part, provided
that such member was in active service upon which his or her  membership
is based at the time that such member was ordered to active duty[, other
than  for  training purposes,] pursuant to Title 10 of the United States
Code, with the armed forces of the United States OR TO  SERVICE  IN  THE
UNIFORMED  SERVICES  PURSUANT  TO  CHAPTER  43 OF TITLE 38 OF THE UNITED
STATES CODE, and such member died while on such active duty  OR  SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of  the  laws  of  two  thousand five which added this subdivision] JUNE
FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty
OR IN THE UNIFORMED SERVICES.
  S 25. The closing paragraph of section  3-401  of  the  administrative
code  of  the  city  of New York, as added by chapter 105 of the laws of
2005, is amended to read as follows:
  Notwithstanding any other provision of law to the contrary, and solely
for the purposes of this section, a member  otherwise  covered  by  this
section  shall  be  deemed  to  have  been  killed  while engaged in the
discharge of duty upon which his or her membership  is  based,  provided
that  such member was in active service upon which his or her membership
is based at the time that such member was ordered to active duty[, other
than for training purposes,] pursuant to Title 10 of the  United  States
Code,  with  the  armed forces of the United States OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF  TITLE  38  OF  THE  UNITED
STATES  CODE,  and such member died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five which added this paragraph] JUNE  FOUR-
TEENTH,  TWO THOUSAND FIVE while serving on such active military duty OR
IN THE UNIFORMED SERVICES.
  S 26. The closing paragraph of section  3-402  of  the  administrative
code  of  the  city  of New York, as added by chapter 105 of the laws of
2005, is amended to read as follows:
  Notwithstanding any other provision of law to the contrary, and solely
for the purposes of this section, a member  otherwise  covered  by  this
section  shall  be  deemed  to  have  been  killed  while engaged in the
discharge of duty upon which his or her membership  is  based,  provided
that  such member was in active service upon which his or her membership
is based at the time that such member was ordered to active duty[, other
than for training purposes,] pursuant to Title 10 of the  United  States
Code,  with  the  armed forces of the United States OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF  TITLE  38  OF  THE  UNITED
STATES  CODE,  and such member died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five which added this paragraph] JUNE  FOUR-
TEENTH,  TWO THOUSAND FIVE while serving on such active military duty OR
IN THE UNIFORMED SERVICES.

S. 5558                            13

  S 27. The closing paragraph of subdivision a of section 3-403  of  the
administrative  code of the city of New York, as added by chapter 105 of
the laws of 2005, is amended to read as follows:
  Notwithstanding any other provision of law to the contrary, and solely
for the purposes of this subdivision, a member otherwise covered by this
subdivision  shall  be  deemed  to have been killed while engaged in the
discharge of duty upon which his or her membership  is  based,  provided
that  such member was in active service upon which his or her membership
is based at the time that such member was ordered to active duty[, other
than for training purposes,] pursuant to Title 10 of the  United  States
Code,  with  the  armed forces of the United States OR TO SERVICE IN THE
UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF  TITLE  38  OF  THE  UNITED
STATES  CODE,  and such member died while on such active duty OR SERVICE
IN THE UNIFORMED SERVICES on or after [the effective date of the chapter
of the laws of two thousand five which added this paragraph] JUNE  FOUR-
TEENTH,  TWO THOUSAND FIVE while serving on such active military duty OR
IN THE UNIFORMED SERVICES.
  S 28. Subparagraph (i) of paragraph 2  of  subdivision  b  of  section
12-126 of the administrative code of the city of New York, as amended by
chapter 430 of the laws of 2010, is amended to read as follows:
  (i)  Where the death of a member of the uniformed forces of the police
or fire departments is or was the natural and  proximate  result  of  an
accident  or  injury  sustained  while  in  the performance of duty, the
surviving spouse or domestic partner, until he  or  she  dies,  and  the
children  under  the  age  of  nineteen  years and any such child who is
enrolled on a full-time basis in a program of undergraduate study in  an
accredited  degree-granting  institution  of higher education until such
child completes his or her educational program or  reaches  the  age  of
twenty-three  years,  whichever comes first, shall be afforded the right
to health insurance coverage, and health  insurance  coverage  which  is
predicated  on  the  insured's  enrollment  in  the hospital and medical
program for the aged and disabled under the social security act,  as  is
provided  for  city employees, city retirees and their dependents as set
forth in paragraph one  of  this  subdivision.  Where  the  death  of  a
uniformed  member  of  the  correction  or  sanitation  departments  has
occurred while such employee was in active service as  the  natural  and
proximate  result  of  an  accident  or  injury  sustained  while in the
performance of duty, the surviving spouse or domestic partner, until  he
or  she  dies,  and  the  child of such employee who is under the age of
nineteen years and any such child who is enrolled on a  full-time  basis
in  a  program  of  undergraduate study in an accredited degree-granting
institution of higher education until such child completes  his  or  her
educational  program or reaches the age of twenty-three years, whichever
comes first, shall be afforded the right to health  insurance  coverage,
and  health  insurance  coverage  which  is  predicated on the insured's
enrollment in the hospital and medical program for the aged and disabled
under the social security act, as is provided for city  employees,  city
retirees  and  their  dependents  as  set forth in paragraph one of this
subdivision. Where the death of an employee of the  fire  department  of
the  city  of New York who was serving in a title whose duties are those
of an emergency medical technician or advanced emergency medical techni-
cian (as those terms are defined in section three thousand  one  of  the
public  health  law), or whose duties required the direct supervision of
employees whose duties are those of an emergency medical  technician  or
advanced  emergency  medical  technician  (as those terms are defined in
section three thousand one of the public  health  law)  is  or  was  the

S. 5558                            14

natural and proximate result of an accident or injury sustained while in
the  performance  of  duty  on or after September eleventh, two thousand
one, the surviving spouse or domestic partner, until he or she dies, and
the  children  under the age of nineteen years and any such child who is
enrolled on a full-time basis in a program of undergraduate study in  an
accredited  degree-granting  institution  of higher education until such
child completes his or her educational program or  reaches  the  age  of
twenty-three  years,  whichever comes first, shall be afforded the right
to health insurance coverage, and health  insurance  coverage  which  is
predicated  on  the  insured's  enrollment  in  the hospital and medical
program for the aged and disabled under the social security act,  as  is
provided  for  city employees, city retirees and their dependents as set
forth in paragraph one of this subdivision. The mayor may, in his or her
discretion, authorize the provision of such  health  insurance  coverage
for  the  surviving spouses, domestic partners and children of employees
of the fleet services division of the police department who died  on  or
after  October  first,  nineteen  hundred  ninety-eight and before April
thirtieth, nineteen hundred  ninety-nine,  and  the  surviving  spouses,
domestic  partners  and  children of employees of the roadway repair and
maintenance division of the department of transportation who died on  or
after  September  first,  two thousand five and before September twenty-
eighth, two thousand five, and the surviving spouses, domestic  partners
and  children  of employees of the bureau of wastewater treatment of the
department of environmental protection who  died  on  or  after  January
eighth, two thousand nine and before January tenth, two thousand nine as
a  natural and proximate result of an accident or injury sustained while
in the performance of duty, subject to the same  terms,  conditions  and
limitations  set  forth  in the section. Provided, however, and notwith-
standing any other provision of law to the contrary, and solely for  the
purposes  of  this  subparagraph,  a  member  otherwise  covered by this
subparagraph shall be deemed to have died as the natural  and  proximate
result  of  an  accident or injury sustained while in the performance of
duty upon which his or her  membership  is  based,  provided  that  such
member  was  in active service upon which his or her membership is based
at the time that such member was ordered to active duty[, other than for
training purposes,] pursuant to Title 10 of the United States Code, with
the armed forces of the United States OR TO  SERVICE  IN  THE  UNIFORMED
SERVICES  PURSUANT  TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE,
and such member died while on active duty OR SERVICE  IN  THE  UNIFORMED
SERVICES  on or after [the effective date of local law number ninety-six
of the city of New York for the year two thousand five] JUNE FOURTEENTH,
TWO THOUSAND FIVE while serving on such active military duty OR  IN  THE
UNIFORMED SERVICES.
  S 29. The closing paragraph of section 165-a of the civil service law,
as  amended by section 6 of part T of chapter 56 of the laws of 2010, is
amended to read as follows:
  Notwithstanding any law to the contrary, the survivors of any employee
subject to this section shall be entitled to the health benefits granted
pursuant to this section, provided that  such  employee  died  while  on
active  duty [other than for training purposes,] pursuant to Title 10 of
the United States Code, with the armed forces of the United States OR TO
SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38  OF
THE  UNITED  STATES  CODE,  and  such member died on such active duty OR
SERVICE IN THE UNIFORMED SERVICES on or after  [the  effective  date  of
chapter  one  hundred  five of the laws of two thousand five] JUNE FOUR-
TEENTH, TWO THOUSAND FIVE as a result  of  injuries,  disease  or  other

S. 5558                            15

medical  condition  sustained or contracted in such active duty with the
armed forces of the United States OR IN THE UNIFORMED SERVICES.
  S 30. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would require that public retirement systems comply with the
federal  Heroes Earnings Assistance and Relief Tax Act (HEART Act). This
would expand the criteria in current law for receiving  such  accidental
death benefits from dying in "active duty" to "uniformed services".
  If  this legislation is enacted, we anticipate that there would be few
individuals affected, as most are already  eligible  under  the  "active
duty" criteria.
  Insofar  as this legislation would affect the New York State and Local
Employees' Retirement System (ERS) and the  New  York  State  and  Local
Police  and  Fire Retirement System (PFRS), it would lead to more deaths
being classified as "accidental". For each  death  classified  as  acci-
dental  due  to  this  bill,  the cost would depend on the age, service,
salary and plan of the affected member. It is estimated that there would
be per person one-time costs of approximately three (3) times salary for
members in the ERS, and twelve (12) times  salary  for  members  in  the
PFRS.  These  costs  would be borne by the State of New York and all the
participating employers in the ERS and the PFRS.
  This estimate, dated April 7, 2011, and intended for use  only  during
the  2011  Legislative  Session, is Fiscal Note No. 2011-165 prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System  and  the  New  York  State  and Local Police and Fire Retirement
System.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would amend the Education Law and the Retirement and  Social
Security Law to enable the New York State Teachers' Retirement System to
provide  death  benefits  in compliance with the Federal Heroes Earnings
Assistance and Relief Tax Act of 2008 (HEART Act). The criteria used  in
determining  eligibility  for death benefits under the current law would
be expanded from dying in "active duty" with the  Armed  Forces  of  the
United  States  to  include  dying  while  in  "service in the uniformed
services". The death benefit payable would be the accidental death bene-
fit.
  The annual cost to the employers of members  of  the  New  York  State
Teachers'  Retirement  System is estimated to be negligible if this bill
is enacted.
  The source of this estimate is Fiscal Note 2011-46 dated May  4,  2011
prepared  by  the  Actuary  of  the  New York State Teachers' Retirement
System and is intended for use only during the 2011 Legislative Session.