§ 208-b. Death benefits for beneficiaries of certain police officers
and firefighters. 1. Notwithstanding any other provision of law, and in
addition to any benefits otherwise provided, death benefit may be
payable upon the death of a regular member of a police department or
police force or of a fire department in a county not wholly contained
within a city, a city having a population of less than one million, or a
town, village, or other subdivision of government, or agency of such a
county having a regular police department or force or fire department,
hereinafter referred to as a municipality, if, upon application
therefor, the chief officer of the municipality maintaining such
department or force shall determine, on the basis of the evidence, that
such member:

a. Died within one year after, and as the natural and proximate result
of injuries sustained at a definite time and place and incurred in the
performance of duty as a member of such department or force, and

b. Did not cause such accident by his own wilful negligence.

2. The death benefit shall be paid by the municipality upon the
allowance of the claim therefor, and shall consist of:

a. An amount equal to the salary received by such member either during
the year immediately preceding his death, or during the year preceding
such injuries, whichever is greater and

b. One thousand dollars, or ten percent of the deceased member's final
salary, whichever is higher, payable for each child of such member under
eighteen on the date of the member's death.

3. The death benefit shall be paid to:

a. The member's widow, or if he shall leave no widow, or if his widow
shall die before receiving the total of the amounts provided in
subdivision two hereof, then to

b. His child or children under age eighteen, in equal amounts.

4. Application for death benefit shall be made:

a. By the member's widow.

b. By any of his children.

c. By any person in behalf of the widow or children.

5. Application for death benefit shall be made:

a. To the chief fiscal officer of the municipality, on a form to be
prescribed and supplied by him and requiring such information as he
shall determine necessary.

b. Within thirty days after the death of the member, provided,
however, that failure to file the application within thirty days may be
excused on petition to and order of a justice of the supreme court
having jurisdiction, upon a showing either

1. That a sufficient reason exists why such notice was not given.

2. That a report or other notice was made or given to the department
or force of the injuries within the thirty day period.

3. That the municipality has not been prejudiced by the delay in
giving the notice.