NYS DMNA World Trade Center Benefits Program (WTC-BP)

Provisions for an Accidental Death Benefit

NYS CLS MIL§ 217 (2)(b) provides for an accidental death benefit equivalent to one-half of a Service Member’s final annual SAD pay to the beneficiaries of any service member who participated in the World Trade Center rescue, recovery or cleanup and whose death is determined to be the result of incurring a qualifying World Trade Center condition. Only a spouse, dependent children or dependent parent, as defined in this regulation, are eligible to receive the accidental death benefit.

1. A claimant’s beneficiaries may convert a performance of duty disability pension benefit to an accidental death benefit by filing an Application for Conversion of Service or Disability Retirement to Accidental Death Benefit for Victims of the 2001 World Trade Center Disaster (DMNA Form 9/11-D) if:
   1. A claimant, or their eligible beneficiary in the event of the claimant’s death, filed an Application for World Trade Center Notice (DMNA Form 9/11-A) by September 11, 2026;
   2. The claimant has been retired 25 years or less at the time of their death; and
   3. It is determined that the cause of death was the result of a qualifying condition.
2. The accidental death benefit can only be paid to the following beneficiaries, in this order:
   1. The service member’s surviving spouse to continue during their widowhood. if the service member leaves no surviving spouse, or if their surviving spouse shall die or remarry before all their children shall have attained age twenty-one or sooner die, then to
   2. The Service Member’s surviving child or children under age twenty-one, divided equally, unless unusual circumstances exist. In such instances, the benefits are to be divided in such manner as TAG, in their discretion, shall determine. Pensions shall continue as a joint and survivor pension until every such child shall have attained the age of twenty-one or sooner die. If no widow or widower or child under age twenty-one shall survive the service member, at the time of their death, then to
   3. The service member’s dependent parent or dependent parents, as the service member shall have nominated by written designation duly acknowledged and filed with DMNA. Such pension shall continue for the life of the parent(s) so designated. If there is no such designation, then to
   4. The service members dependent parent or dependent parents, divided equally, unless unusual circumstances exist. In such instances, the benefits are to be divided in such manner as TAG, in their discretion, shall determine. Such pension shall continue for the life of the dependent parent(s) so selected.
3. All the beneficiaries listed above are eligible for annual Cost-of-Living Adjustments after receiving the accidental death benefit for five years. The benefit will be divided equally among the beneficiaries in any one category if the service member has more than one child or dependent parent.