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Education Law § 394 · Article 8-B. State University Optional Retirement Program

Survivor's benefits

Verbatim from the official edition

Text — Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)

§ 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 section one hundred fifty-four 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 section one hundred three-a of the decedent estate law.

Source of truth

Edition
Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/EDN394
Text hash
sha256 2870fb979a6940aacae24fb7e9e1e1519dc871797611e0aaf3ae1fa6864a101d
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.