N.Y. General Municipal Law § 207-h: Death benefits of members of certain fire department pension or retirement systems of cities

* § 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