21 CRR-NY 5024.3NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 21. MISCELLANEOUS
CHAPTER LVIII. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
PART 5024. ACCELERATED DEATH BENEFIT
21 CRR-NY 5024.3
21 CRR-NY 5024.3
5024.3 Procedures.
(a) Application for the accelerated death benefit shall be made by filing a disability retirement application with the system.
(b) An accelerated death benefit may be paid if the member would have been eligible for the death benefit on the date the disability application is filed with the system.
(c) Once the member has been determined to be eligible to be retired for disability and meets the eligibility requirements for the accelerated death benefit pursuant to subdivision (g) of this section, the member shall be notified by the system of such determination and of the member’s right to elect the accelerated death benefit in lieu of the disability retirement benefit, if any, to which the member may otherwise be entitled.
(d) The election of the accelerated death benefit shall be made on a form provided by the system duly signed by the member and acknowledged by a notary public.
(e) In order to be effective, such election must be filed with the system no later than the latest of:
(1) 30 days following the date of notification pursuant to subdivision (c) of this section;
(2) the retirement date specified on the application; and
(3) the date the member was last paid on the payroll.
Any election filed by the member prior to the date of notification shall be ineffective.
(f) Upon filing with the system on or after the date of notification pursuant to subdivision (c) of this section, an election of the accelerated death benefit shall be irrevocable.
(g) An accelerated benefit shall only be payable to a member where the system’s medical board shall have determined that such member has:
(1) a terminal illness; or
(2) a medical condition requiring extraordinary care or treatment of a long continued and indefinite duration regardless of a life expectancy.
(h) Should the member die after filing the election of the accelerated death benefit and satisfaction of all other conditions to the payment of such benefit but prior to payment by the system, payment of such benefit shall be made to the member’s estate.
21 CRR-NY 5024.3
Current through June 30, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.