§ 208-B — Death benefits for beneficiaries of certain police officers and firefighters

§ 208-b. Death benefits for beneficiaries of certain police officers\nand firefighters. 1. Notwithstanding any other provision of law, and in\naddition to any benefits otherwise provided, death benefit may be\npayable upon the death of a regular member of a police department or\npolice force or of a fire department in a county not wholly contained\nwithin a city, a city having a population of less than one million, or a\ntown, village, or other subdivision of government, or agency of such a\ncounty having a regular police department or force or fire department,\nhereinafter referred to as a municipality, if, upon application\ntherefor, the chief officer of the municipality maintaining such\ndepartment or force shall determine, on the basis of the evidence, that\nsuch member:\n a. Died within one year after, and as the natural and proximate result\nof injuries sustained at a definite time and place and incurred in the\nperformance of duty as a member of such department or force, and\n b. Did not cause such accident by his own wilful negligence.\n 2. The death benefit shall be paid by the municipality upon the\nallowance of the claim therefor, and shall consist of:\n a. An amount equal to the salary received by such member either during\nthe year immediately preceding his death, or during the year preceding\nsuch injuries, whichever is greater and\n b. One thousand dollars, or ten percent of the deceased member's final\nsalary, whichever is higher, payable for each child of such member under\neighteen on the date of the member's death.\n 3. The death benefit shall be paid to:\n a. The member's widow, or if he shall leave no widow, or if his widow\nshall die before receiving the total of the amounts provided in\nsubdivision two hereof, then to\n b. His child or children under age eighteen, in equal amounts.\n 4. Application for death benefit shall be made:\n a. By the member's widow.\n b. By any of his children.\n c. By any person in behalf of the widow or children.\n 5. Application for death benefit shall be made:\n a. To the chief fiscal officer of the municipality, on a form to be\nprescribed and supplied by him and requiring such information as he\nshall determine necessary.\n b. Within thirty days after the death of the member, provided,\nhowever, that failure to file the application within thirty days may be\nexcused on petition to and order of a justice of the supreme court\nhaving jurisdiction, upon a showing either\n 1. That a sufficient reason exists why such notice was not given.\n 2. That a report or other notice was made or given to the department\nor force of the injuries within the thirty day period.\n 3. That the municipality has not been prejudiced by the delay in\ngiving the notice.\n