New York General Municipal Law
Sec. § 207-H*2
Death Benefits of Members of Certain Police Pension Systems


* § 207-h. Death benefits of members of certain police pension systems.

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
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Dec. 13, 2016