N.Y. Comp. Codes R. & Regs. tit. 21 § 5024.1
This Part implements subdivision 9 of section 511 of the Education Law added by chapter 616 of the Laws of 1998. That provision enables certain members who are eligible to be retired for disability (disregarding any service requirement) to receive, while still living, the death benefit that would have been paid pursuant to Education Law, section 512 or Retirement and Social Security Law, sections 448, 508 or 606, as applicable, had the member died on the member's last day on the payroll in full pay status. In other words, the applicable death benefit is not paid after the member's death but is accelerated and paid during the member's lifetime. The accelerated death benefit provided pursuant to the provision is expressly in lieu of any disability retirement benefit, including any optional survivor benefit, to which the member would otherwise have been entitled. The member, however, is otherwise treated as having been retired for disability.
N.Y. Comp. Codes R. & Regs. Tit. 21 § 5024.1