Article 78 of Social Insurance Law

Deduction of the commuted portion of the retirement pension shall cease upon the pensioner's death, upon expiry of the period specified for commutation, or upon its discontinuation pursuant to the last paragraph of the preceding Article. The pensions of the pensioner's beneficiaries shall be calculated on the basis that the pensioner had not commuted any portion of the pension. The death of the insured person or pensioner after submitting the commutation application may not result in depriving the lawful heirs of obtaining their decedent's commutation entitlements as part of the estate, provided that the applicant for commutation met all the conditions for commutation at the time of submitting the application.