NY Gen Mun L § 208-F (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 208-F - Special Accidental Death Benefit.

§  208-f.  Special  accidental death benefit.   a. Notwithstanding any   other provision of law, the special accidental death benefit provided by   this section shall be paid to the  widow  or  widower  or  the  deceased   member's  children under the age of eighteen, or, if a student under the   age of twenty-three, if the widow or widower has died of: (i) a deceased   member of a pension or retirement system of a police department or  paid   fire  department of a city, town or village; (ii) a deceased paid member   of the police force of the  police  department  of  the  New  York  city   transit  authority;  (iii) a deceased paid member of the police force of   the police department of the New York city  housing  authority;  (iv)  a   deceased  paid  member of the uniformed correction force of the New York   city department of correction; (v) a deceased paid uniformed member of a   county sheriff's department (outside the  city  of  New  York);  (vi)  a   deceased  employee  of  the city of New York or the New York city health   and hospitals corporation in a  title  whose  duties  are  those  of  an   emergency  medical  technician  or advanced emergency medical technician   (as those terms are defined in section three thousand one of the  public   health  law),  or  in  a  title  whose duties require the supervision of   employees whose duties are those of an emergency medical  technician  or   advanced  emergency  medical  technician  (as those terms are defined in   section three thousand one of the public health law); (vii)  a  deceased   paid bridge and tunnel member of the New York city employees' retirement   system;  or  (viii) a deceased paid member of the uniformed force of the   New York city department of sanitation, providing the widow  or  widower   is  ineligible  to  receive  benefits  pursuant to section three hundred   sixty-one-a of the retirement and social  security  law  as  amended  by   chapter  seven  hundred  thirty-three  of  the  laws of nineteen hundred   ninety and the deceased member:1. Died before the effective date of his or  her  retirement,  as  the   natural and proximate result of an accident sustained in the performance   of duty in the service upon which his membership was based, and2.  Did  not cause such accident by his or her own willful negligence,   and3. At the time of such accident  was  actually  a  member  of:  (i)  a   pension  or  retirement  system  of  a  police  department  or paid fire   department of a city, town or village;  (ii)  a  pension  or  retirement   system  covering  the  police  force of the police department of the New   York city transit  authority;  (iii)  a  pension  or  retirement  system   covering  the police force of the police department of the New York city   housing authority; (iv) a pension  or  retirement  system  covering  the   uniformed   correction   force  of  the  New  York  city  department  of   correction; (v)  a  pension  or  retirement  system  covering  uniformed   members of a county sheriff's department (outside the city of New York);   (vi)  a  pension  or retirement system covering employees of the city of   New York, or the New York city health and  hospitals  corporation  in  a   title  whose  duties  are  those  of  an emergency medical technician or   advanced emergency medical technician (as those  terms  are  defined  in   section  three  thousand  one  of  the public health law), or in a title   whose duties require the supervision of employees whose duties are those   of  an  emergency  medical  technician  or  advanced  emergency  medical   technician  (as those terms are defined in section three thousand one of   the public health law); (vii) a pension or  retirement  system  covering   paid  bridge  and  tunnel  members  of  the  New  York  city  employees'   retirement system; or (viii) a pension  or  retirement  system  covering   paid  members  of the uniformed force of the New York city department of   sanitation.b. The special accidental death benefit shall be  paid  by  the  city,   town or village which employed the deceased member at the time of death,    and  shall  consist  of  a  pension  which is equal to the salary of the   deceased member, reduced by the sum of each of  the  following  benefits   received by the widow or widower or the deceased member's children under   the age of eighteen, if the widow or widower has died, on account of the   death of the deceased member:1.  Any death benefit and any supplementation thereto paid by the said   city, town or village in the form of a pension, and2. The social security benefit payable on July first, nineteen hundred   seventy-eight for death occurring prior to July first, nineteen  hundred   seventy-eight;  or the social security benefit payable immediately after   death if such death occurs on or  after  July  first,  nineteen  hundred   seventy-eight. In the event the social security benefit is reduced to an   amount  less  than  that  noted in this paragraph, the amount of special   accidental death benefit shall be increased by the amount of the  social   security reduction.3. The workers' compensation benefit.In  the  case  of  a  deceased member who died prior to January first,   nineteen hundred seventy-eight  the  salary  shall  be  increased  by  a   percentage  which shall be determined on the basis of the consumer price   index (all items--U.S. city average), published  by  the  United  States   bureau  of  labor  statistics. The percentage shall be determined as the   ratio of two indexes, the denominator of which is  the  average  of  the   twelve  monthly consumer price indexes of the calendar year of the death   of the member and the numerator of which is the average  of  the  twelve   monthly  consumer  price  indexes for the calendar year nineteen hundred   seventy-seven. Said ratio, minus one, shall be expressed as a percentage   and shall be adjusted to the nearest one-tenth of one per centum.c.  Commencing  July  first,  two  thousand  twenty-one  the   special   accidental  death  benefit  paid  to  a widow or widower or the deceased   member's children under the age of eighteen or, if a student, under  the   age  of  twenty-three,  if  the  widow  or  widower  has  died, shall be   escalated by adding thereto an additional percentage of  the  salary  of   the  deceased  member  (as  increased  pursuant to subdivision b of this   section) in accordance with the following schedule:calendar year of deathof the deceased member              per centum1977 or prior                  267.1%1978                           256.5%1979                           246.1%1980                           236%1981                           226.2%1982                           216.7%1983                           207.5%1984                           198.5%1985                           189.8%1986                           181.4%1987                           173.2%1988                           165.2%1989                           157.5%1990                           150.0%1991                           142.7%1992                           135.7%1993                           128.8%1994                           122.1%1995                           115.7%1996                           109.4%1997                           103.3%1998                            97.4% 1999                            91.6%2000                            86.0%2001                            80.6%2002                            75.4%2003                            70.2%2004                            65.3%2005                            60.5%2006                            55.8%2007                            51.3%2008                            46.9%2009                            42.6%2010                            38.4%2011                            34.4%2012                            30.5%2013                            26.7%2014                            23.0%2015                            19.4%2016                            15.9%2017                            12.6%2018                             9.3%2019                             6.1%2020                             3.0%2021                             0.0%d.  For  the  purpose  of  this  section,  salary shall be the regular   compensation earned during the member's last twelve months of service in   full pay status as a member, or, if he or she had not  completed  twelve   months of service prior to the date of death, the compensation he or she   would  have  earned  had he or she worked for the twelve months prior to   such date, provided, that for the purpose of any  payment  on  or  after   July  first,  nineteen  hundred  ninety-five the term salary shall in no   case be less than the full  salary  payable  to  a  first  grade  police   officer  (in  the  case  of  a deceased police officer) or a first grade   firefighter (in the case  of  a  deceased  firefighter)  employed  by  a   department or uniformed force described in subdivision c of this section   on  the  date  of  such employee's death. Provided further, that for the   purpose of  any  payment  on  or  after  July  first,  nineteen  hundred   ninety-six  the  term  salary shall in no case be less than the earnings   that would have been payable to a police superior officer were he or she   in the highest grade of a supervisory position (in the case of a  police   superior  officer  deceased  on  or  after  July first, nineteen hundred   ninety-five who had  been  appointed  to  and  was  serving  in  such  a   supervisory position) or payable to a fire officer were he or she in the   highest  grade  of a supervisory position (in the case of a fire officer   deceased on or after July first, nineteen hundred  ninety-five  who  had   been  appointed  to  and  was  serving  in  such a supervisory position)   employed by a department or uniformed force described in  subdivision  c   of  this  section  on  the  date  of such employee's death, and provided   further that, for the purpose of  any  payment  on  or  after  September   tenth, two thousand one, in the case of a police officer, a firefighter,   a  police superior officer, or fire officer acting in a higher rank, the   term salary shall in no case be less than the earnings that  would  have   been payable at the highest grade of such higher rank.e.  There  shall  be  appropriated to the local assistance fund in the   general fund to the department of audit and control an amount  equal  to   the  special  accidental  death benefits paid pursuant to subdivisions b   and c of this section  during  each  preceding  state  fiscal  year,  as   certified  to the comptroller by the appropriate municipal official, for   the purposes of reimbursing such special accidental death benefits. The monies appropriated to the department of  audit  and  control  and   made  available  pursuant  to this subdivision shall be paid under rules   and regulations adopted by the comptroller and subject to  the  approval   of  the  director  of  the  budget  upon  the  audit  and warrant of the   comptroller on vouchers certified or approved as provided by law.f. The special accidental death benefit shall be paid to:1.  The  member's  widow  or  widower  to  continue  during his or her   lifetime.  If he or she shall leave no widow or widower, or  if  his  or   her widow or widower shall die before all his or her children shall have   attained  age  eighteen  or,  if students shall have attained the age of   twenty-three, or sooner die, then to2. His or her child or children under age eighteen, or,  if  students,   under  age  twenty-three,  divided in such manner as the comptroller, in   his discretion, shall determine. Such pension shall continue in the same   amount as received by the member's widow  or  widower  as  a  joint  and   survivor pension until every such child shall have attained age eighteen   or sooner die.g.  Notwithstanding  any  other  provision of law to the contrary, and   solely for the purposes of this section, a member otherwise  covered  by   this  section  shall be deemed to have died as the natural and proximate   result of an accident sustained in the performance of  duty  upon  which   his  or  her  membership  is  based,  and  not  as  a  result of willful   negligence on his or her part, provided that such member was  in  active   service  upon which his or her membership is based at the time that such   member was ordered to active duty pursuant to Title  10  of  the  United   States Code, with the armed forces of the United States or to service in   the  uniformed services pursuant to Chapter 43 of Title 38 of the United   States Code, and such member died while on such active duty  or  service   in the uniformed services on or after June fourteenth, two thousand five   while serving on such active military duty or in the uniformed services.h.  Notwithstanding  any  other provision of law, if (i) a member of a   pension or retirement system covering a police department or  paid  fire   department  of  a  city,  town or village; (ii) a member of a pension or   retirement system covering the uniformed corrections force  of  the  New   York  city  department  of  corrections;  (iii) a member of a pension or   retirement system covering a county sheriff's department (outside of the   city of New York); (iv) a deputy sheriff member of  the  New  York  city   employees'  retirement  system;  (v)  a  member  of  the  New  York city   employees' retirement system who is an employee of the city of New  York   or  the  New York city health and hospitals corporation in a title whose   duties  are  those  of  an  emergency  medical  technician  or  advanced   emergency  medical  technician  (as  those  terms are defined in section   three thousand one of the public health law), or in a title whose duties   require the supervision of  employees  whose  duties  are  those  of  an   emergency  medical  technician  or advanced emergency medical technician   (as those terms are defined in section three thousand one of the  public   health  law);  (vi)  a  bridge  and  tunnel  member of the New York city   employees'  retirement  system,  who:  (1)  has  met  the  criteria   of   subdivision  g  of  section  sixty-three  of  the  retirement and social   security law, subdivision g of section three hundred sixty-three of  the   retirement  and  social  security  law,  subdivision  h of section three   hundred sixty-three-bb  of  the  retirement  and  social  security  law,   subdivision g of section five hundred seven of the retirement and social   security  law,  subdivision  c  of  section  five hundred seven-c of the   retirement and social  security  law,  subdivision  h  of  section  five   hundred fifty-six of the retirement and social security law, subdivision   h of section six hundred five of the retirement and social security law,   subdivision h of section six hundred five-a of the retirement and social    security  law,  subdivision  d  of  section  six  hundred  five-b of the   retirement and social security law as added by chapter five hundred four   of the laws of two thousand two, subdivision b of  section  six  hundred   five-c  of  the  retirement  and  social  security law, subdivision c of   section six hundred seven-b of the retirement and social  security  law,   subdivision  one  of  section 13-252.1 of the administrative code of the   city  of  New  York,  subdivision  one  of  section  13-353.1   of   the   administrative code of the city of New York, or subdivision b of section   13-168  of the administrative code of the city of New York; and (2) dies   in active service from a qualifying condition or impairment  of  health,   as  defined in each of the foregoing subdivisions, that is determined by   the applicable head of the retirement system or applicable medical board   to have been caused by such member's participation in  the  World  Trade   Center  rescue, recovery or cleanup operations, then unless the contrary   be proven by competent evidence, such member shall  be  deemed  to  have   died  as  a natural and proximate result of an accident sustained in the   performance of duty and not as a result of willful negligence on his  or   her  part.  Upon  such  determination,  the eligible beneficiary of such   member, as defined in either section sixty-one, five hundred one or  six   hundred  one  of the retirement and social security law, section 13-149,   13-244 or 13-347 of the administrative code of  the  city  of  New  York   shall  be  entitled to a special accidental death benefit as provided by   this section, payable in accordance with subdivisions b, c and d of this   section.i. Notwithstanding any other provision of law, if (i) a retiree  of  a   pension  or  retirement system covering a police department or paid fire   department of a city, town or village; (ii) a retiree of  a  pension  or   retirement  system  covering  the uniformed corrections force of the New   York city department of corrections; (iii) a retiree  of  a  pension  or   retirement system covering a county sheriff's department (outside of the   city  of New York); (iv) a retired deputy sheriff member of the New York   city employees' retirement system; (v) a retired member of the New  York   city employees' retirement system who was an employee of the city of New   York  or  the  New York city health and hospitals corporation in a title   whose duties are those of an emergency medical  technician  or  advanced   emergency  medical  technician  (as  those  terms are defined in section   three thousand one of the public health law) or in a title whose  duties   require  the  supervision  of  employees  whose  duties  are those of an   emergency medical technician or advanced  emergency  medical  technician   (as  those terms are defined in section three thousand one of the public   health law); or (vi) a retired bridge and tunnel member of the New  York   city  employees'  retirement  system,  who:  (1) has met the criteria of   subdivision g of  section  sixty-three  of  the  retirement  and  social   security  law, subdivision g of section three hundred sixty-three of the   retirement and social security  law,  subdivision  h  of  section  three   hundred  sixty-three-bb  of  the  retirement  and  social  security law,   subdivision g of section five hundred seven of the retirement and social   security law, subdivision c of  section  five  hundred  seven-c  of  the   retirement  and  social  security  law,  subdivision  h  of section five   hundred fifty-six of the retirement and social security law, subdivision   h of section six hundred five of the retirement and social security law,   subdivision h of section six hundred five-a of the retirement and social   security law, subdivision  d  of  section  six  hundred  five-b  of  the   retirement and social security law as added by chapter five hundred four   of  the  laws  of two thousand two, subdivision b of section six hundred   five-c of the retirement and  social  security  law,  subdivision  c  of   section  six  hundred seven-b of the retirement and social security law,   subdivision one of section 13-252.1 of the administrative  code  of  the    city   of   New  York,  subdivision  one  of  section  13-353.1  of  the   administrative code of the city of New York, or subdivision b of section   13-168 of the administrative code of the city of New York, or would have   met the criteria if not already retired on an accidental disability; and   (2)  has  not been retired for more than twenty-five years; and (3) dies   from a qualifying condition or impairment of health, as defined in  each   of the foregoing subdivisions, that is determined by the applicable head   of the retirement system or applicable medical board to have been caused   by  such  retiree's  participation  in  the  World  Trade Center rescue,   recovery or cleanup operations, then unless the contrary  be  proven  by   competent  evidence,  such  retiree  shall  be  deemed to have died as a   natural and proximate result of an accident sustained in the performance   of duty and not as a result of willful negligence on his  or  her  part.   Upon  such  determination,  the eligible beneficiary of such retiree, as   defined in either section sixty-one, five hundred one or six hundred one   of the retirement and social security law or section 13-149, 13-244,  or   13-347  of  the  administrative  code  of  the city of New York shall be   entitled to a special accidental  death  benefit  as  provided  by  this   section,  payable  in  accordance  with  subdivisions b, c and d of this   section, however, for the purposes of determining the salary  base  upon   which  the  special  accidental death benefit is calculated, the retiree   shall be deemed to have died on the date of his or her retirement. In no   event shall the special  accidental  death  benefit  be  paid  unless  a   written  application is made by the eligible beneficiary of such retiree   to the head of the applicable retirement system requesting conversion of   the retiree's service or  disability  benefit  to  an  accidental  death   benefit  and  upon the approval of said application. At the time of such   conversion, the eligible beneficiary shall relinquish all rights to  the   prospective benefits under the service or disability retirement benefit,   including any post-retirement death benefits, since the retiree's death.   If  the  eligible  beneficiary  is not the only beneficiary receiving or   entitled to receive a benefit under the service or disability retirement   benefit (including, but not limited to, post-retirement  death  benefits   or benefits paid or payable pursuant to the retiree's option selection),   the   special   accidental   death  benefit  payments  to  the  eligible   beneficiary will be reduced by any amounts paid or payable to any  other   beneficiary.