When a retiree dies, what benefits may be payable?
A death benefit, representing all or part of the member's retirement allowance under the Qualified Pension Plan (QPP), may be payable to a designated beneficiary or the member's estate; this would be based upon the payment option that the member chose at retirement. In addition, a fractional payment of the retirement allowance payment for the month in which the member died would be payable to a designated beneficiary, as long as the member did not die on the last day of the month.
For more information, please see the Guide to Death Benefits for Beneficiaries of Retired Members and the If the member participated in TRS' Tax-Deferred Annuity (TDA) Program, what TDA benefits may be payable? FAQ below.
What QPP benefits are payable upon the death of an in-service Tier I member?
When an in-service Tier I member dies before becoming eligible for retirement under the Qualified Pension Plan (QPP), the death benefit would equal the member's Annuity Savings Fund (ASF) balance, Increased-Take-Home-Pay (ITHP) balance, and an amount based on his/her salary and years of Total Service Credit.
The following table shows how the member's Total Service Credit affects the death benefit payable.
Years of Service Credit |
Amount of Death Benefit |
Less than 10 |
One-half the member's salary in the year immediately before the date of the member's death |
At least 10 but less than 20 |
The member's salary in the year immediately before the date of the member's death |
20 or more |
Two times the member's salary in the year immediately before the date of the member's death |
Note: The member's salary is the average annual salary in the year immediately before the date of death. It is generally not affected by any approved leaves of absence with or without pay.
If the member was eligible for a service retirement at the time of death, or died within the first 30 days after retiring, the death benefit would be the greater of the amount indicated in the first paragraph above or a benefit based on the reserves that would have been payable under Option I Modified had the member retired on the day before he or she died. (Option I Modified is a retirement payment option that provides a lump-sum benefit to the designated beneficiary based on the member's available pension reserves.)
What QPP benefits are payable upon the death of a Tier I member who was separated from service?
If a Tier I member had at least 10 years of Total Service Credit at the time of death, but was no longer in active service and was not yet eligible for a service retirement under the Qualified Pension Plan (QPP), the death benefit payable would equal the following: one half the amount of the ordinary death benefit that would have been payable had the member died on the last day that service was performed. If the member's TRS membership had ceased during the separation from service, interest on his/her QPP account balances stopped accruing interest as of the date the membership ceased.
What QPP benefits are payable upon the death of an in-service Tier II, III, IV, or VI member?
If a Tier II, III, IV, or VI member dies while in service and is credited with at least one year of service since last joining TRS, the member's designated beneficiary can apply to receive ordinary death benefits under the Qualified Pension Plan (QPP). The death benefit would equal the balance in the member's Annuity Savings Fund (ASF) (for Tier II members) or Member Contributions Accumulations Fund (MCAF) and Annuity Savings Accumulation Fund (ASAF) (for Tier III, IV, and VI members), plus the amount of either Death Benefit #1 or Death Benefit #2.
As of October 1, 2000, beneficiaries of Tier II, III, and IV members receive the greater of either Death Benefit #1 or Death Benefit #2, even if the member had elected Death Benefit #1 coverage. Members who joined TRS after January 1, 2001 (including Tier VI members) are automatically enrolled in Death Benefit #2.
What QPP benefits are payable upon the death of a Tier II, III, IV, or VI member who was separated from service?
If a Tier II, III, IV, or VI member had at least 10 years of Total Service Credit at the time of death, but was no longer in active service and was not yet eligible for a service retirement under the Qualified Pension Plan (QPP), the amount of Death Benefit #1 or #2 would equal one half of the amount that would have been payable had the member died on the last day that service was performed. If the member's TRS membership had ceased during the separation from service, interest on his/her QPP account balances stopped accruing interest as of that date.
What is Death Benefit #1?
Under Death Benefit #1, the benefit would equal 1/12 of the member's last 12 months' regularly earned salary multiplied by each full year of Total Service Credit—to a maximum of three times the member's annual salary; this maximum would apply to members who have 36 or more years of Total Service Credit. (This description assumes that the member was in active service and died with at least one year of Total Service Credit since last joining TRS.)
As of October 1, 2000, beneficiaries of Tier II, III, and IV members receive the greater of either Death Benefit #1 or Death Benefit #2, even if the member had elected Death Benefit #1 coverage. Members who joined TRS after January 1, 2001 (including Tier VI members) are automatically enrolled in Death Benefit #2.
What is Death Benefit #2?
Under Death Benefit #2, the benefit would equal one year's salary upon the completion of one year of service, two years' salary upon the completion of two years of service, and three years' salary upon the completion of three or more years of service. If the member remained in service to age 61, the in-service death benefit would be reduced by 5% for each succeeding year until age 70, when the benefit would equal 50% of the applicable amount. (This description assumes that the member was in active service and died with at least one year of Total Service Credit since last joining TRS.)
As of October 1, 2000, beneficiaries of Tier II, III, and IV members receive the greater of either Death Benefit #1 or Death Benefit #2, even if the member had elected Death Benefit #1 coverage. Members who joined TRS after January 1, 2001 (including Tier VI members) are automatically enrolled in Death Benefit #2.
The following table shows the age-reduction factors that affect the benefit payable under Death Benefit #2.
Age at Date of Death
(While in Active Service) |
Percentage of Benefit Payable After Reduction |
60 or under |
100% |
61 |
97% |
62 |
94% |
63 |
91% |
64 |
88% |
65 |
85% |
66 |
82% |
67 |
79% |
68 |
76% |
69 |
73% |
70 |
70% |
Note: Different reduction factors applied for members who died before July 1, 2021.
What death benefits are payable under the TDA Program?
If a TRS member participated in TRS’ Tax-Deferred Annuity (TDA) Program, the member's designated TDA beneficiaries may be eligible to receive the balance of the member's TDA account. For members who were receiving monthly annuity payments from the TDA Program, a different TDA death benefit is payable. For more information, please see the Guide to Death Benefits for Beneficiaries of Retired Members or the Guide to Death Benefits for Beneficiaries of Non-Retired Members .
Can a beneficiary roll over a death benefit to another account?
Spouses of deceased members are permitted to roll over the taxable portion of a Qualified Pension Plan (QPP) and/or Tax-Deferred Annuity (TDA) Program death benefit to an eligible Individual Retirement Arrangement (IRA) or other successor program. Non-spouse beneficiaries may roll over the taxable portion of a QPP and/or TDA death benefit to an Inherited IRA or other successor program.
For a list of forms on rolling over a death benefit, please see the Withdrawals/Distributions category in the Forms > Beneficiaries section.
For more information, please see the FAQs in this section.
As a beneficiary, may I invest the death benefit I receive in TRS' investment programs?
No. Death benefits may not be invested in TRS’ investment programs.
What is a TDAB account?
Establishing a “TDAB” account (a beneficiary account in TRS’ Tax-Deferred Annuity Program) was previously an option for some beneficiaries. Instead of receiving a payment or rollover of the TDA death benefit, beneficiaries were able to maintain an account in the TDA Program, with the funds invested in TRS’ Passport Funds (but not the Fixed Return Fund). The TDAB program was closed to new participants in 2021.
Eligibility Requirements
- The member’s date of death must be before July 1, 2021.
- Beneficiaries must request the establishment of their TDA Program account within six months of the member’s death.
- The value of the TDA benefit must be at least $5,000.
Account Guidelines
- Your entire TDA benefit must be used to establish your TDAB account.
- The election to establish a TDAB account is irrevocable; however, participants are generally allowed to withdraw their TDA funds.
- As part of TDAB enrollment, participants can choose how to invest their TDA funds among TRS’ variable-return Passport Funds (not the Fixed Return Fund). Investment election changes can be made four times per year by filing a TDA Investment Election Change Form for Beneficiaries (code TD81).
If a member dies in active service, may the beneficiary annuitize the death benefit?
Qualified Pension Plan (QPP) beneficiaries may annuitize a QPP benefit only if the deceased was a Tier I or Tier II member and the QPP benefit is at least $10,000. Eligible beneficiaries of Tier I members must file to annuitize their death benefit by October 31 of the year following the year of the member's death; beneficiaries of Tier II members must file to annuitize their death benefit within 90 days from the date of the member's death.
All Tax-Deferred Annuity (TDA) Program beneficiaries may annuitize a TDA benefit of $10,000 or more. In all cases, before an annuity can be calculated for a beneficiary, (s)he must submit a photocopy of his/her birth certificate to TRS.
There are two ways of annuitizing a death benefit:
Option A, in which the amount would be paid in monthly installments during the beneficiary's lifetime, with all payments ceasing upon his/her death.
Option B, in which the amount of the annuity is slightly reduced, so that any remaining reserves after the beneficiary's death would be payable to a designated beneficiary or estate. Please note that any benefits due the member's estate cannot be annuitized.
Who receives the death benefit if a divorced member of TRS dies?
TRS generally makes death benefit payments in accordance with the member's most recent beneficiary designations. However, if the designated beneficiary is a former spouse through divorce, annulment, or judicial separation, the designation may be considered revoked. In accordance with Chapter 173 of the Laws of 2008, a former spouse is treated as having predeceased the member. Benefits that would have been payable to the former spouse would instead be payable to the member's estate or another beneficiary on file (if applicable).
However, there are some instances where the designation of a former spouse would not be revoked. These include irrevocable designations made by the member (such as those made under a "continuing payment" option for the retirement allowance) and requirements specified in an instrument such as a domestic relations order.
Where can I find information about what benefits are payable under a specific payment option?
Information about the specific payment option is available by accessing the Retirement Payment Options: Tiers I/II and TDA Annuitization Options brochure or the Retirement Payment Options: Tiers III/IV/VI brochure.
What is an accidental death benefit?
An accidental death benefit may be paid to beneficiaries of members of all tiers in lieu of an ordinary death benefit in the following circumstances:
- The in-service member's death was the natural and proximate result of an accident that was sustained during the performance of duty, but was not caused by the member's willful negligence; and
- The beneficiary (or other representative) applies for an accidental death benefit within two years of the member's death (except for beneficiaries of Tier IV and VI members, who must generally apply for an accidental death benefit within 60 days of the member's death).
Please be aware that certain legal restrictions apply to the payment of accidental death benefits and should be considered before applying for this benefit.
What is a spousal right of election, and how could it affect the distribution of benefits after the death of a TRS member?
When a TRS member or TRS beneficiary dies, New York State law provides that his/her spouse may elect a share of the deceased spouse's net estate,^ even if the spouse was not designated as a beneficiary. The elective share is the greater of $50,000, or one-third of the net estate. If the net estate is less than $50,000, the elective share is the net estate. Benefits from TRS' Qualified Pension Plan (QPP) and Tax-Deferred Annuity (TDA) Program accounts are included in calculating the net estate.
Please note that the rules described above do not apply to divorced spouses. They also do not apply if the decedent designated the beneficiary of the TRS benefits on or before September 1, 1992 and did not subsequently change the beneficiary designation.
^The net estate, as defined by New York State statute, consists of the net probate assets, as well as testamentary substitutes.
How do I exercise a spousal right of election for TRS benefits?
If you are the spouse of a TRS member or TRS beneficiary, New York State law provides that you may elect a share of your deceased spouse's estate even if you were not named as a beneficiary. If TRS has not yet distributed the benefits payable upon the death of a member or beneficiary, we will refrain from making a death benefit payment or transfer to the designated beneficiaries upon being served with a certified copy of a court order instructing us to do so.
Generally, you must exercise a right of election within six months from the date of issuance of letters testamentary or of letters of administration, and generally must assert this right no later than two years after the date of the decedent's death. For more information, please see the What is a spousal right of election, and how could it affect the distribution of benefits after the death of a TRS member? FAQ above.
TRS strongly urges you to consult with an attorney if you are contemplating exercising a spousal right of election. TRS will be held harmless and free from any liability for making any payment or transfer to a person who would be otherwise entitled to such funds if not for the surviving spouse's exercise of a right of election. In all cases, the specific provisions of the governing laws, rules, and regulations will prevail.