Section 207-H*2. Death benefits of members of certain police pension systems  


Latest version.
  • 1. As used in this section:    (a) "Member" means a contributor to a non-actuarial pension system  of
      any city maintaining a police pension fund.
        (b)  "Accumulated  deductions"  means  the  sum  of  all  the amounts,
      deducted from the compensation of a member of  such  pension  system  or
      contributed  by  him,  standing to his credit therein, together with the
      interest  thereon,  if  any,  as  provided  by  the  law,   charter   or
      administrative code governing such system.
        (c)  "Pension" means payments for life derived from appropriations for
      and payments into such pension system by such city.
        (d) "Minimum period of service" means  a  fixed  number  of  years  of
      service  specified  in  a plan or option provided by such police pension
      system and elected by such member, as a  necessary  prerequisite  for  a
      pension or retirement allowance upon retirement from service.
        (e) "Minimum age" means the age specified in a plan or option provided
      by such police pension system and elected by such member, as a necessary
      prerequisite  for a pension or retirement allowance upon retirement from
      service.
        2. Notwithstanding the provisions of any  general,  special  or  local
      law,  charter  or  administrative code, and in lieu of any lesser amount
      therein prescribed, upon the death of a member of a non-actuarial police
      pension system, prior to the first payment of a retirement benefit,  who
      has attained the minimum age or completed the minimum period of service,
      as  elected  by him for retirement, and whether or not such member shall
      have filed application for  retirement,  there  shall  be  paid  to  his
      estate,  or  to the person or persons he shall have nominated by written
      designation duly executed and filed in accordance with the  requirements
      of such police pension system:
        (a) His accumulated deductions; and in addition thereto,
        (b)  An amount equal to the present value of the pension he would have
      received if he had retired and become entitled to a pension on  the  day
      immediately  preceding  his death, computed on the basis of the American
      Experience Table of Mortality.
        A beneficiary of such deceased member shall have the right  to  accept
      such  benefits  in lump sums or in such periodic payments, on an annuity
      basis, as such beneficiary shall elect.
        3. Nothing contained in the foregoing provisions of this section shall
      be held or deemed to affect or to lessen any benefits greater than those
      set forth in subdivision two of this  section  which  are  or  shall  be
      provided for by any such police pension system in respect of a member or
      members  thereof  dying  in  the  course  of  or  as  the  result of the
      performance of his duties.
        4. 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