NY Gen Mun L § 207-F (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 207-F - Ordinary Death Benefits of Members of Fire Department Systems of Cities.

§ 207-f. Ordinary death benefits of members of fire department systems of cities. 1. As used in this section:  (a)  "Member"  means  a  contributor to the pension system of any city maintaining a fire department pension fund based upon  the  accumulation of  deductions from the compensation or the contributions of the members thereof and payments made by such cities to pension  reserves  for  such members.  (b)  "Death" means ordinary death not caused in or induced by injuries suffered in the line of duty, or as a direct result of  service  in  the fire department.  (c) "Pension" shall mean payments for life derived from appropriations for and payments into such pension system by such city.  (d)  "Minimum period of service" shall mean a fixed number of years of service specified in a plan provided by  such  fire  department  pension system  and  elected  by such member, as a necessary pre-requisite for a pension or retirement allowance upon retirement from service.  (e) "Minimum age" means the age specified in a plan provided  by  such fire  department  pension  system  and  elected  by  such  member,  as a necessary pre-requisite for  a  pension  or  retirement  allowance  upon retirement from service.   2.  Any  member  who  shall have attained the minimum age or period of service retirement elected by him upon his own  written  application  to and  filed  with the pension board setting forth at what time he desires to be retired shall  be  retired  as  of  the  date  specified  in  said application,  provided that at the time so specified for his retirement, his term or tenure of office or employment shall not have terminated  or have been forfeited.   3.  Notwithstanding  other  provisions  of  any  rules  or regulations adopted by the pension board, or any provisions of law to the  contrary, a member eligible for retirement by reason of service may file with such pension  board a written application for retirement in the form required for such application, electing an option or options where  such  options are  provided  under  existing  pension  laws,  but requesting that such retirement under said option or options shall become  effective  on  the day  immediately  preceding  his death. The application shall be held by such pension board until the member shall file a later  application  for retirement,  or  until  his  death, whichever of such events shall first occur; and in the event of such member's death  while  such  application shall  continue to be so held by such pension board, his said retirement shall  become  effective  with  the  same  benefits  to  the  designated beneficiary  as  if  such  member had retired and had become entitled to retirement allowance on the day immediately preceding his death.   In the event that a member, who would be eligible  for  retirement  by reason of service, dies while in service before filing with such pension board  an  application  for  retirement  in  the  form required for such application, or who, having filed an application for retirement  in  the form required, dies on or after the effective date of his retirement but before  becoming entitled to retirement allowance, he shall nevertheless be deemed to have  been  retired  and  to  have  become  entitled  to  a retirement  allowance  effective  on  the  day immediately preceding his death; and if he had not indicated his election of an option under which he desired to be retired, he shall be considered as  having  elected  to retire  under  the  option  designated  as  Option  1  if such option is provided for in the present pension law.   4. The provisions of this section shall not apply to  members  of  the New York state and local police and fire retirement system.