N.Y. General Municipal Law Section 208-B
Death benefits for beneficiaries of certain police officers and firefighters


1.

Notwithstanding any other provision of law, and in addition to any benefits otherwise provided, death benefit may be payable upon the death of a regular member of a police department or police force or of a fire department in a county not wholly contained within a city, a city having a population of less than one million, or a town, village, or other subdivision of government, or agency of such a county having a regular police department or force or fire department, hereinafter referred to as a municipality, if, upon application therefor, the chief officer of the municipality maintaining such department or force shall determine, on the basis of the evidence, that such member:

a.

Died within one year after, and as the natural and proximate result of injuries sustained at a definite time and place and incurred in the performance of duty as a member of such department or force, and

b.

Did not cause such accident by his own wilful negligence.

2.

The death benefit shall be paid by the municipality upon the allowance of the claim therefor, and shall consist of:

a.

An amount equal to the salary received by such member either during the year immediately preceding his death, or during the year preceding such injuries, whichever is greater and b. One thousand dollars, or ten percent of the deceased member’s final salary, whichever is higher, payable for each child of such member under eighteen on the date of the member’s death.

3.

The death benefit shall be paid to:

a.

The member’s widow, or if he shall leave no widow, or if his widow shall die before receiving the total of the amounts provided in subdivision two hereof, then to b. His child or children under age eighteen, in equal amounts.

4.

Application for death benefit shall be made:

a.

By the member’s widow.

b.

By any of his children.

c.

By any person in behalf of the widow or children.

5.

Application for death benefit shall be made:

a.

To the chief fiscal officer of the municipality, on a form to be prescribed and supplied by him and requiring such information as he shall determine necessary.

b.

Within thirty days after the death of the member, provided, however, that failure to file the application within thirty days may be excused on petition to and order of a justice of the supreme court having jurisdiction, upon a showing either 1. That a sufficient reason exists why such notice was not given.

2.

That a report or other notice was made or given to the department or force of the injuries within the thirty day period.

3.

That the municipality has not been prejudiced by the delay in giving the notice.

Source: Section 208-B — Death benefits for beneficiaries of certain police officers and firefighters, https://www.­nysenate.­gov/legislation/laws/GMU/208-B (updated Jan. 11, 2019; accessed Mar. 23, 2024).

200
Defining qualifications of exempt volunteer firefighters
200–A
Volunteer firefighters serving in more than one fire company or fire department
200–AA
Training stipend for volunteer firefighters
200–B
Leaves of absence for volunteer firefighters entering the armed forces of the United States prior to July first, nineteen hundred sixty-six
200–C
Leaves of absence for volunteer firefighters entering the armed forces of the United States on or after July first, nineteen hundred sixt...
201
Rights and privileges of exempt volunteer firefighters
202
Certificate to be issued to exempt volunteer firefighter
202–A
Recording certificates of exempt volunteer firefighter
203
List of exempt volunteer firefighters to be filed
204
Qualifications necessary to entitle to certain exemptions
204–A
Raising of funds for fire company purposes
204–B
Youth programs
204–C
Plan for arson investigation
204–D
Duties of the fire chief
204–DD
Qualifications of a fire chief
204–E
Unauthorized destruction of property
204–F
Plan for hazardous materials incidents response
204–G
Restrictions on the use of firefighting foam containing PFAS chemicals
205
Payments to injured or representatives of deceased volunteer firefighters
205–A
Additional right of action to certain injured or representatives of certain deceased firefighters
205–B
Relief of volunteer firefighters engaged in the performance of duty as such firefighters from civil liability and liability of fire distr...
205–C
Payments pending controversies where volunteer firefighters are killed or injured
205–CC
Volunteer firefighter enhanced cancer disability benefits
205–D
Relief from civil liability for acts or omissions by fire wardens in the city of New York
205–E
Right of action to certain injured or representatives of certain deceased police officers
205–F
Removal of civil liability barriers
205–G
Defense and indemnification of volunteer firefighters
206
Certificate to police officers and firefighters
206–A
Penalty for improper use of certificates
206–B
Exemption of benefits payable under blanket accident insurance covering volunteer firefighters
207
Hospitalization of members of fire departments in certain cities
207–A
Payment of salary, medical and hospital expenses of firefighters with injuries or illness incurred in performance of duties
207–B
Additional retirement benefits for certain firefighters in cities
207–C
Payment of salary, wages, medical and hospital expenses of police officers with injuries or illness incurred in the performance of duties
207–D
Additional retirement benefits for certain police officers in cities and certain villages
207–E
Minimum retirement benefits for police officers in cities and who are members of police pension or retirement systems maintained by such ...
207–E*2
Minimum retirement benefits for firefighters in cities and who are members of fire department pension or retirement systems maintained by...
207–F
Ordinary death benefits of members of fire department systems of cities
207–G
Ordinary death benefits of members of police retirement systems
207–H
Death benefits of members of certain fire department pension or retirement systems of cities
207–H*2
Death benefits of members of certain police pension systems
207–I
Temporary supplemental retirement allowances for certain police officers
207–I*2
Supplemental retirement allowances of retired firefighters of cities
207–II
Payment of supplemental retirement allowances of retired police officers and firefighters of certain cities
207–J
Supplemental pension allowances of certain retired teachers of cities
207–K
Disabilities of policemen and firemen in certain cities
207–K*2
Disabilities of policemen and firemen in certain cities
207–KK
Disabilities of firefighters in certain cities caused by cancer
207–KKK
Disabilities of firefighters in certain cities caused by Parkinson’s Disease
207–L
Temporary supplemental retirement allowances for certain police officers in towns and villages
207–N
Performance of duty disability retirement
207–O
Performance of duty disability retirement
207–O*2
Disabilities of members of the uniformed force of correction departments in certain cities
207–P
Performance of duty disability retirement
207–Q
Firefighters
207–Q*2
Disabilities of emergency medical technicians or advanced emergency medical technicians in certain cities
208
Members of police force to have one day rest in seven
208–A
School guards
208–B
Death benefits for beneficiaries of certain police officers and firefighters
208–C
Death benefits for dependent fathers or dependent mothers of certain police officers and firefighters
208–D
Extra work by members of certain police forces
208–D*2
Compensation during disability
208–D*3
Extra work by members of a police force in cities
208–E
Extra work by members of certain police forces
208–F
Special accidental death benefit
208–G
Community activity by members of a police force
208–H
Cardiopulmonary resuscitation training and retraining for police departments in cities having a population of one million or more 1
209
Outside service by local fire departments, companies, ambulance districts and airport crash-fire-rescue units
209–A
Relations with other states and the dominion of Canada
209–AA
Paid leave for disaster service volunteers
209–AA*2
Appointment of private college campus security officers at independent non-profit colleges
209–B
Emergency rescue and first aid squads
209–BB
Specialized teams
209–C
Fire police squads of fire departments and fire companies
209–CC
Notification of presence of wild animals and dangerous dogs
209–D
Contracts for outside service by volunteer fire departments and companies
209–DD
Discovery of unlawful drug laboratory
209–E
Fire mobilization and mutual aid plan
209–EE
Adoption of a code of ethics and disclosure of interests by fire companies
209–F
Outside service by local police forces
209–FF
Provisions relating to certain accidental disability benefits
209–FFF
Provisions relating to a membership date in the New York city police pension fund attributable to service in the titles of police cadet p...
209–G
Liability for outside aid
209–I
Emergency service by volunteer firefighters
209–J
Mutual aid programs in counties
209–L
Removal of volunteer officers and volunteer members of fire departments
209–M
Outside service by local police
209–P
Relay of fire and emergency calls
209–Q
Permanent appointment of police officers
209–R
Police protection
209–S
Contracts between municipalities and fire districts for joint fire training centers
209–T
Contracts for joint fire alarm systems
209–U
Notification of presence of hazardous materials
209–V
Employment of retired persons as special patrolmen for publicly owned property
209–W
Permanent appointment of fire fighters
209–X
Training of certain paid city firefighters promoted to a first-line supervisory position
209–Y
Establishment of hazardous materials emergency response teams
209–Z
Annual independent audits

Accessed:
Mar. 23, 2024

Last modified:
Jan. 11, 2019

§ 208-B’s source at nysenate​.gov

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