§ 394. Survivor's benefits. In the case of the death of any electing employee, after the effective date of this election and before retirement, the value of the death benefits provided by the contract or contracts purchased under the optional retirement program which is attributable to the state's contribution as determined by the board, shall be deemed to be an ordinary death benefit provided under a public pension plan within the meaning of § 154 of the civil service law. Notwithstanding the provisions of such section of the civil service law, a survivors benefit payable thereunder on account of the death of any electing employee while in the employ of state university, after the effective date of such election and before retirement, including an employee subject to the provisions of subdivision three of section three hundred ninety-three of this article, shall be paid to such person or persons as such employee shall have nominated to receive the death benefits provided by the contract or contracts purchased under the optional retirement program. In the event such designated beneficiary or beneficiaries do not survive the employee, or if a beneficiary was not so designated, the survivors benefit shall be paid to the deceased employee's estate or as provided in § 103-a of the decedent estate law.

Terms Used In N.Y. Education Law 394

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • board: means the board of trustees of the state university of New York. See N.Y. Education Law 390
  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • electing employee: shall mean any eligible employee who exercises his election pursuant to this article to come under the optional retirement program. See N.Y. Education Law 390
  • optional retirement program: means the retirement program established pursuant to this article. See N.Y. Education Law 390
  • state university: means the state university of New York and the term "community college" means a college established and operated under article one hundred twenty-six of this chapter. See N.Y. Education Law 390