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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

Sheriffs, Undersheriffs and Deputy Sheriffs Special Plan

For ERS Tier 3, 4, 5 and 6 Members

(Article 14B: Sections 551, 552 and 553)

Tier 3 — Accidental Death Benefit (Article 14)


Regardless of your years of service credit, 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 paid on your behalf.

The Benefit

This is a pension equal to one-half (50 percent) of your Final Average Salary. Each April, the benefit may change based on the amount of the increase or decrease in the Consumer Price Index, or by 3 percent, whichever is less. The benefit will never be reduced below the amount initially paid.

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

  • First, to your surviving spouse, provided he/she has not renounced survivorship rights in a separation agreement, until remarriage;
  • Second, to your surviving children, until they reach age 25;
  • Third, to your dependent parent or parents, as determined under regulations established by the Comptroller; or
  • Finally, to any other person who qualified as a dependent on your final federal income tax return, or the return filed in the year immediately preceding the year of your death, until this person reaches age 21.

All of the beneficiaries listed above would be eligible for annual Cost-of-Living Adjustments after receiving the accidental death benefit for five years.

If the total of all the accidental death benefit payments is not more than the amount of the ordinary death benefit, the difference will be paid to the last eligible beneficiary or beneficiaries. If none exist, the benefit will be paid to the executors of your will, or to the persons who would be the executors if you die without making a will.


The application for the Article 14 accidental death benefit must be filed within two years of your date of death. Your family or employer should notify us when you die so we can forward the appropriate forms to your beneficiary.