Section 13-209. Payment of pensions; death

a. The board of trustees of the
  pension fund shall pay a pension out of such fund to the  spouse,  child
  or children or dependent parent or parents of any deceased member of the
  police  force  in  such  department,  if  the death of such member occur
  during his or her service in such police force, or after he or  she  was
  retired from service in such force. The amount of any such pension to be
  paid  by the board of trustees to each of the several representatives of
  such member, in case there shall be more than one, from  time  to  time,
  may  be  determined by such board according to the circumstances of each
  case. The annual pension to the  representative  or  representatives  of
  such  member, however, shall be six hundred dollars, and no part of such
  sum shall be paid to any such  spouse  who  shall  remarry,  after  such
  remarriage,  or  to  any  child  after  it shall have reached the age of
  eighteen years.
    In lieu of the aforementioned pension, when a member of the force dies
  while in active service, his  or  her  beneficiary  shall  be  paid  the
  accumulated  deductions  of  such deceased member if written application
  therefor be made to the board of trustees by such beneficiary.
    b. In case any member in the police force of such department is killed
  while actually engaged in the performance of duty, or if  death  ensues,
  or results from a disease, as the immediate effect of injuries received,
  the board of trustees of such fund, upon evidence submitted to it, shall
  have  power  to  decide whether death so occurred and upon such decision
  shall award to the spouse of such member an annual sum as a pension,  to
  be  paid  out  of such fund in an amount not to exceed, except as herein
  provided, one-half of the salary of such member at the date  of  his  or
  her  decease.  If  such member, dying, leaves no spouse surviving him or
  her, but leaves a child or children, under the age of eighteen years, or
  dependent parent or  parents,  such  board  shall  award  to  the  legal
  guardian  of such child or children, or dependent parent or parents, for
  its or their support and maintenance, an annual sum as a pension out  of
  such  fund,  in  an  amount not to exceed one-half of the salary of such
  member at the date of his or her decease. The amount of such pension  to
  any  spouse shall cease upon his or her death. Such annual pension shall
  cease upon the death or marriage of such child, or upon its reaching the
  age of eighteen years. If such payment to the spouse of any such  member
  shall  cease  by  reason  of  his  or  her  death, such board shall make
  payments to the child or children, or dependent  parent  or  parents  of
  such  member,  if  any,  as  though he or she had died without leaving a
  spouse surviving him or her.
    c. The board of trustees, subject to  the  separate  approval  of  the
  mayor,  may  presume a member or former member of the pension fund to be
  dead, if such member has disappeared and has been absent for three years
  or more, unless there be affirmative evidence that he or she  was  alive
  within  that  time.  In the case of a former member who has disappeared,
  has been absent for three years or more and who was  last  known  to  be
  alive while a member of the police force in the department, the board of
  trustees,  subject  to  the  separate approval of the mayor, may presume
  that death occurred while such former member was a member of such police
  force, unless there be affirmative evidence that he  or  she  was  alive
  after  his or her separation from service in the police force. If in its
  judgment  the  evidence  warrants  such  determination,  the  board   of
  trustees,  subject  to  the  separate approval of the mayor, may make an
  additional and separate finding that such presumed death occurred  while
  such  member or former member was actually engaged in the performance of
  duty. In the event that the board of  trustees,  upon  approval  of  the
  mayor, shall take action pursuant to a presumption of death with respect
  to  the disappearance of a former member of the police force, the police

  commissioner shall have power to revoke any  disciplinary  action,  with
  respect  to the absence of such former member of the police force, which
  was taken by him or her after  the  date  when  such  former  member  is
  presumed  to  have died. Notwithstanding any other provision of law, the
  board of trustees and the police commissioner shall have power to revoke
  or rescind any action taken by  them,  respectively,  pursuant  to  this
  subdivision,  with or without cause at any time prior to five years from
  the date  of  the  disappearance  of  a  member  or  former  member  and
  thereafter  they  may  take  action and exercise such power in the event
  that they respectively shall determine,  on  the  basis  of  affirmative
  evidence  submitted  to them, that any member or former member was alive
  after the date he or she was presumed to be dead. Upon the expiration of
  a period of five years from the date of the disappearance of a member or
  former member, continuation of the payment of a pension pursuant to this
  section based upon the presumed death of such member  or  former  member
  shall  be  conditioned  upon  a  determination  by  a court of competent
  jurisdiction,  in  an  action  or  special  proceeding  brought   by   a
  beneficiary receiving all or part of such pension or any other member of
  the family of such member or former member pursuant to the provisions of
  section 2-1.7 of the estates, powers and trusts law, that such member or
  former member is presumed to be dead. Such determination shall be deemed
  conclusive  for  the  purposes  of  this  section, unless such member or
  former member thereafter shall be found to be alive.
    d. (1)  Notwithstanding  the  provisions  of  subdivision  b  of  this
  section,  in  any  case  where  a  pension  was  or is awarded under the
  provisions of such subdivision, or any predecessor provision  by  reason
  of  the  death of any such member, occurring before July first, nineteen
  hundred and sixty-five, such  pension,  subject  to  the  provisions  of
  paragraphs two and three of this subdivision d, shall consist:
    (a)  For each full calendar year, on and after January first, nineteen
  hundred and sixty-five, of a sum as a pension to be  paid  out  of  such
  fund and in an amount not to exceed, except as herein provided, one-half
  of  the  annual  salary or compensation payable, on July first, nineteen
  hundred and sixty-five, to a member of  the  uniformed  force  of  rank,
  seniority,  and  other  salary-determining  status, equal to that of the
  deceased member on the date of his or her decease but in  no  case  less
  than  one-half  of the salary payable to a first grade patrolman on July
  first, nineteen hundred and sixty-five, and
    (b) For any portion of a calendar year, on and  after  January  first,
  nineteen hundred and sixty-five, the appropriate pro rata portion of the
  amount  which would be payable, under the provisions of subparagraph (a)
  of this paragraph one, for the full calendar year  which  includes  such
  portion  of  a  year, if a pension were payable under this subdivision d
  for such full calendar year.
    (2) Such pension shall be payable to the same  persons  and  shall  be
  subject  to  the  same  terms and conditions, including provisions as to
  termination, as to the pension which would otherwise be payable, on  and
  after  January  first,  nineteen  hundred  and  sixty-five,  pursuant to
  subdivision b of this section or any applicable  predecessor  provision,
  by reason of the death of such member.
    (3)  The  pension payable pursuant to the provisions of paragraphs one
  and two of this subdivision d shall be in  lieu  of  any  pension  which
  would  otherwise  be payable on or after January first, nineteen hundred
  and sixty-five pursuant to the provisions  of  such  subdivision  b,  or
  predecessor  provision,  and,  except as otherwise provided in paragraph
  one of subdivision e of section 13-686 of this title, shall be  in  lieu
  of  any  supplemental  retirement  allowance  which  would  otherwise be

  payable, on and after such date, under the provisions of subchapter  six
  of chapter five of this title or any other law.