Section 207-H. Death benefits of members of certain fire department pension or retirement systems of cities  


Latest version.
  • 1. As used in this section:    (a) "Member" means any person included in the membership of a  pension
      or  retirement  system  maintained  by  a  city  for, or to include, the
      uniformed personnel of a fire department or  force,  except  a  "member"
      entitled to the benefits of section two hundred seven-f of this article.
        (b)  "Death"  means  ordinary  death  or death caused in or induced by
      injury suffered in the line of duty, or as a direct result of service in
      such fire department, or force.
        (c) "Minimum period of service" shall mean a fixed number of years  of
      service  specified  in  and  by  such  pension  or retirement system and
      elected by such member as a necessary  prerequisite  for  a  pension  or
      retirement allowance upon retirement from service.
        (d)  "Beneficiary"  shall  mean  any person or persons designated by a
      member as entitled to receive any benefits  under  such  system  in  the
      event  of  the  death  of  such  member;  or in the absence of the valid
      designation of any such named beneficiary, the estate of such member.
        2. Notwithstanding any other provision  of  law  or  of  any  rule  or
      regulation  to  the  contrary,  and in lieu of any lesser amount therein
      prescribed, if a  member,  shall  die  while  in  service  after  having
      completed  the  minimum  period of service elected by him to be eligible
      for retirement or shall die after having retired  but  before  receiving
      any  payment  on  account  of  his retirement allowance, his beneficiary
      shall be paid, upon written application  to  the  board  or  other  body
      administering such pension or retirement system the present value of the
      pension  and of all other allowances, if any, to which such member would
      have been entitled if he had retired and become entitled to receive such
      pension and other allowances, if any, on the day  immediately  preceding
      his  death;  and the present value of such pension and other allowances,
      if any, shall be computed on the basis of the same mortality  tables  as
      are  in use and effect in such city on the day immediately preceding the
      death of such member  for  the  determination  of  benefits  of  persons
      entitled under section two hundred seven-f of this article.
        3.  The  provisions  of this section shall not apply to members of the
      New York state policemen's and firemen's retirement system.
        * NB There are 2 § 207-h's