New York General Municipal Law
Death Benefits of Members of Certain Fire Department Pension or Retirement Systems of Cities
* § 207-h. Death benefits of members of certain fire department pension or retirement systems of cities.
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