N.Y. EDN Law § 394

§ 394. Survivor's benefits. In the case of the death of any electing\nemployee, after the effective date of this election and before\nretirement, the value of the death benefits provided by the contract or\ncontracts purchased under the optional retirement program which is\nattributable to the state's contribution as determined by the board,\nshall be deemed to be an ordinary death benefit provided under a public\npension plan within the meaning of section one hundred fifty-four of the\ncivil service law. Notwithstanding the provisions of such section of\nthe civil service law, a survivors benefit payable thereunder on account\nof the death of any electing employee while in the employ of state\nuniversity, after the effective date of such election and before\nretirement, including an employee subject to the provisions of\nsubdivision three of section three hundred ninety-three of this article,\nshall be paid to such person or persons as such employee shall have\nnominated to receive the death benefits provided by the contract or\ncontracts purchased under the optional retirement program. In the event\nsuch designated beneficiary or beneficiaries do not survive the\nemployee, or if a beneficiary was not so designated, the survivors\nbenefit shall be paid to the deceased employee's estate or as provided\nin section one hundred three-a of the decedent estate law.\n