N.Y. General Municipal Law § 207-g: Ordinary death benefits of members of police retirement systems

§ 207-g. Ordinary death benefits of members of police retirement

systems. 1. As used in this section:

(a) "Member" means a contributor to the pension system of any city

maintaining a police pension fund based upon the accumulation of

deductions from the compensation or the contributions of the members

thereof and payments made by such city to pension reserves for such

members, and such pension system provides for optional retirement

allowances.

(b) "Accumulated deductions" shall mean 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" 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 or option provided by such police 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 or option provided

by such police pension system and elected by such member, as a necessary

pre-requisite 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, 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 such person as

he has nominated or shall nominate by written designation duly executed

and filed in accordance with the requirements of such respective police

pension systems:

(a) His accumulated deductions; and in addition thereto,

(b) The amount of the reserve equal to the present value of the

pension he would have received, under the provisions of the law, charter

or administrative code governing such police pension system, if he had

retired and become entitled to a pension on the day immediately

preceding the day of his death.

The 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 the foregoing paragraph two 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.