N.Y. General Municipal Law § 207-h*2: Death benefits of members of certain police pension systems

* § 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