N.Y. General Municipal Law § 208-b: Death benefits for beneficiaries of certain police officers and firefighters

§ 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.