2023 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.