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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

State Police Plan

For PFRS Tier 2, 5 and 6 Members

(Section 381-b)

Accidental Death Benefit

Eligibility

If you die as the natural and proximate result of an on-the-job accident not due to your own willful negligence, an accidental death benefit may be payable on your behalf, regardless of your service credit.

“Accident” has a specific meaning with NYSLRS disability benefits. We determine whether an incident is an “accident” on a case-by-case basis, using court decisions for guidance.

The Benefit

The accidental death benefit is a lifetime pension, if paid to a surviving spouse or dependent parent, equal to 50 percent of your FAS (less any workers’ compensation benefit paid or payable because of your death). Any accumulated contributions will be refunded to your designated beneficiary or to your estate.

The benefit can only be paid to the following family beneficiaries, in this order:

  • First, to your surviving spouse, for life;
  • Second, where there is no surviving spouse, or in the event of his or her death, minor children, until they reach age 18, or if students, until age 23;
  • Finally, where there is no surviving spouse or minor children, to a dependent parent, for life.

If all the family beneficiaries become ineligible for benefit payments, and if the payments made up to that time do not equal or exceed the amount of the ordinary death benefit that would have been paid at your death, the difference will be paid to your designated beneficiary or to your estate. If you have no beneficiaries as listed above, the accidental death benefit will not be paid but the applicable ordinary death benefit will be paid to your last designated beneficiary or your estate.

Filing

Your family or employer should notify us of your death as soon as possible, so we can send the appropriate forms to your beneficiary. The application for the accidental death benefit must be filed within two years of your death.