Legislation
SECTION 207-H
Death benefits of members of certain fire department pension or retirement systems of cities
General Municipal (GMU) CHAPTER 24, ARTICLE 10
* § 207-h. Death benefits of members of certain fire department
pension or retirement systems of cities. 1. As used in this section:
(a) "Member" means any person included in the membership of a pension
or retirement system maintained by a city for, or to include, the
uniformed personnel of a fire department or force, except a "member"
entitled to the benefits of section two hundred seven-f of this article.
(b) "Death" means ordinary death or death caused in or induced by
injury suffered in the line of duty, or as a direct result of service in
such fire department, or force.
(c) "Minimum period of service" shall mean a fixed number of years of
service specified in and by such pension or retirement system and
elected by such member as a necessary prerequisite for a pension or
retirement allowance upon retirement from service.
(d) "Beneficiary" shall mean any person or persons designated by a
member as entitled to receive any benefits under such system in the
event of the death of such member; or in the absence of the valid
designation of any such named beneficiary, the estate of such member.
2. Notwithstanding any other provision of law or of any rule or
regulation to the contrary, and in lieu of any lesser amount therein
prescribed, if a member, shall die while in service after having
completed the minimum period of service elected by him to be eligible
for retirement or shall die after having retired but before receiving
any payment on account of his retirement allowance, his beneficiary
shall be paid, upon written application to the board or other body
administering such pension or retirement system the present value of the
pension and of all other allowances, if any, to which such member would
have been entitled if he had retired and become entitled to receive such
pension and other allowances, if any, on the day immediately preceding
his death; and the present value of such pension and other allowances,
if any, shall be computed on the basis of the same mortality tables as
are in use and effect in such city on the day immediately preceding the
death of such member for the determination of benefits of persons
entitled under section two hundred seven-f of this article.
3. The provisions of this section shall not apply to members of the
New York state and local police and fire retirement system.
* NB There are 2 § 207-h's
pension or retirement systems of cities. 1. As used in this section:
(a) "Member" means any person included in the membership of a pension
or retirement system maintained by a city for, or to include, the
uniformed personnel of a fire department or force, except a "member"
entitled to the benefits of section two hundred seven-f of this article.
(b) "Death" means ordinary death or death caused in or induced by
injury suffered in the line of duty, or as a direct result of service in
such fire department, or force.
(c) "Minimum period of service" shall mean a fixed number of years of
service specified in and by such pension or retirement system and
elected by such member as a necessary prerequisite for a pension or
retirement allowance upon retirement from service.
(d) "Beneficiary" shall mean any person or persons designated by a
member as entitled to receive any benefits under such system in the
event of the death of such member; or in the absence of the valid
designation of any such named beneficiary, the estate of such member.
2. Notwithstanding any other provision of law or of any rule or
regulation to the contrary, and in lieu of any lesser amount therein
prescribed, if a member, shall die while in service after having
completed the minimum period of service elected by him to be eligible
for retirement or shall die after having retired but before receiving
any payment on account of his retirement allowance, his beneficiary
shall be paid, upon written application to the board or other body
administering such pension or retirement system the present value of the
pension and of all other allowances, if any, to which such member would
have been entitled if he had retired and become entitled to receive such
pension and other allowances, if any, on the day immediately preceding
his death; and the present value of such pension and other allowances,
if any, shall be computed on the basis of the same mortality tables as
are in use and effect in such city on the day immediately preceding the
death of such member for the determination of benefits of persons
entitled under section two hundred seven-f of this article.
3. The provisions of this section shall not apply to members of the
New York state and local police and fire retirement system.
* NB There are 2 § 207-h's