Legislation
SECTION 207-H*2
Death benefits of members of certain police pension systems
General Municipal (GMU) CHAPTER 24, ARTICLE 10
* § 207-h. Death benefits of members of certain police pension
systems. 1. As used in this section:
(a) "Member" means a contributor to a non-actuarial pension system of
any city maintaining a police pension fund.
(b) "Accumulated deductions" means the sum of all the amounts,
deducted from the compensation of a member of such pension system or
contributed by him, standing to his credit therein, together with the
interest thereon, if any, as provided by the law, charter or
administrative code governing such system.
(c) "Pension" means payments for life derived from appropriations for
and payments into such pension system by such city.
(d) "Minimum period of service" means a fixed number of years of
service specified in a plan or option provided by such police pension
system and elected by such member, as a necessary prerequisite for a
pension or retirement allowance upon retirement from service.
(e) "Minimum age" means the age specified in a plan or option provided
by such police pension system and elected by such member, as a necessary
prerequisite for a pension or retirement allowance upon retirement from
service.
2. Notwithstanding the provisions of any general, special or local
law, charter or administrative code, and in lieu of any lesser amount
therein prescribed, upon the death of a member of a non-actuarial police
pension system, prior to the first payment of a retirement benefit, who
has attained the minimum age or completed the minimum period of service,
as elected by him for retirement, and whether or not such member shall
have filed application for retirement, there shall be paid to his
estate, or to the person or persons he shall have nominated by written
designation duly executed and filed in accordance with the requirements
of such police pension system:
(a) His accumulated deductions; and in addition thereto,
(b) An amount equal to the present value of the pension he would have
received if he had retired and become entitled to a pension on the day
immediately preceding his death, computed on the basis of the American
Experience Table of Mortality.
A beneficiary of such deceased member shall have the right to accept
such benefits in lump sums or in such periodic payments, on an annuity
basis, as such beneficiary shall elect.
3. Nothing contained in the foregoing provisions of this section shall
be held or deemed to affect or to lessen any benefits greater than those
set forth in subdivision two of this section which are or shall be
provided for by any such police pension system in respect of a member or
members thereof dying in the course of or as the result of the
performance of his duties.
4. 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
systems. 1. As used in this section:
(a) "Member" means a contributor to a non-actuarial pension system of
any city maintaining a police pension fund.
(b) "Accumulated deductions" means the sum of all the amounts,
deducted from the compensation of a member of such pension system or
contributed by him, standing to his credit therein, together with the
interest thereon, if any, as provided by the law, charter or
administrative code governing such system.
(c) "Pension" means payments for life derived from appropriations for
and payments into such pension system by such city.
(d) "Minimum period of service" means a fixed number of years of
service specified in a plan or option provided by such police pension
system and elected by such member, as a necessary prerequisite for a
pension or retirement allowance upon retirement from service.
(e) "Minimum age" means the age specified in a plan or option provided
by such police pension system and elected by such member, as a necessary
prerequisite for a pension or retirement allowance upon retirement from
service.
2. Notwithstanding the provisions of any general, special or local
law, charter or administrative code, and in lieu of any lesser amount
therein prescribed, upon the death of a member of a non-actuarial police
pension system, prior to the first payment of a retirement benefit, who
has attained the minimum age or completed the minimum period of service,
as elected by him for retirement, and whether or not such member shall
have filed application for retirement, there shall be paid to his
estate, or to the person or persons he shall have nominated by written
designation duly executed and filed in accordance with the requirements
of such police pension system:
(a) His accumulated deductions; and in addition thereto,
(b) An amount equal to the present value of the pension he would have
received if he had retired and become entitled to a pension on the day
immediately preceding his death, computed on the basis of the American
Experience Table of Mortality.
A beneficiary of such deceased member shall have the right to accept
such benefits in lump sums or in such periodic payments, on an annuity
basis, as such beneficiary shall elect.
3. Nothing contained in the foregoing provisions of this section shall
be held or deemed to affect or to lessen any benefits greater than those
set forth in subdivision two of this section which are or shall be
provided for by any such police pension system in respect of a member or
members thereof dying in the course of or as the result of the
performance of his duties.
4. 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