§ 208-F — Special accidental death benefit

New York § 208-F

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 10: Firefighters and Police Officers

Text

§ 208-f. Special accidental death benefit. a. Notwithstanding any\nother provision of law, the special accidental death benefit provided by\nthis section shall be paid to the widow or widower or the deceased\nmember's children under the age of eighteen, or, if a student under the\nage of twenty-three, if the widow or widower has died, or to the\ndeceased member's parents if the member has no widow, widower, children\nunder the age of eighteen, or a student under the age of twenty-three,\nof: (i) a deceased member of a pension or retirement system of a police\ndepartment or paid fire department of a city, town or village; (ii) a\ndeceased paid member of the police force of the police department of the\nNew York city transit authority; (iii) a deceased paid member of the\npolice force of the police department of the New York city housing\nauthority; (iv) a deceased paid member of the uniformed correction force\nof the New York city department of correction; (v) a deceased paid\nuniformed member of a county sheriff's department (outside the city of\nNew York); (vi) a deceased employee of the city of New York or the New\nYork city health and hospitals corporation in a title whose duties are\nthose of an emergency medical technician or advanced emergency medical\ntechnician (as those terms are defined in section three thousand one of\nthe public health law), or in a title whose duties require the\nsupervision of employees whose duties are those of an emergency medical\ntechnician or advanced emergency medical technician (as those terms are\ndefined in section three thousand one of the public health law); (vii) a\ndeceased paid bridge and tunnel member of the New York city employees'\nretirement system; (viii) a deceased paid member of the uniformed force\nof the New York city department of sanitation; or (ix) a deceased paid\ndeputy sheriff member of the New York city sheriff's department,\nproviding the widow or widower is ineligible to receive benefits\npursuant to section three hundred sixty-one-a of the retirement and\nsocial security law as amended by chapter seven hundred thirty-three of\nthe laws of nineteen hundred ninety and the deceased member:\n 1. Died before the effective date of his or her retirement, as the\nnatural and proximate result of an accident sustained in the performance\nof duty in the service upon which his membership was based, and\n 2. Did not cause such accident by his or her own willful negligence,\nand\n 3. At the time of such accident was actually a member of: (i) a\npension or retirement system of a police department or paid fire\ndepartment of a city, town or village; (ii) a pension or retirement\nsystem covering the police force of the police department of the New\nYork city transit authority; (iii) a pension or retirement system\ncovering the police force of the police department of the New York city\nhousing authority; (iv) a pension or retirement system covering the\nuniformed correction force of the New York city department of\ncorrection; (v) a pension or retirement system covering uniformed\nmembers of a county sheriff's department (outside the city of New York);\n(vi) a pension or retirement system covering employees of the city of\nNew York, or the New York city health and hospitals corporation in a\ntitle whose duties are those of an emergency medical technician or\nadvanced emergency medical technician (as those terms are defined in\nsection three thousand one of the public health law), or in a title\nwhose duties require the supervision of employees whose duties are those\nof an emergency medical technician or advanced emergency medical\ntechnician (as those terms are defined in section three thousand one of\nthe public health law); (vii) a pension or retirement system covering\npaid bridge and tunnel members of the New York city employees'\nretirement system; (viii) a pension or retirement system covering paid\nmembers of the uniformed force of the New York city department of\nsanitation; or (ix) a pension or retirement system covering paid deputy\nsheriff members of the New York city sheriff's department.\n b. The special accidental death benefit shall be paid by the county,\ncity, town or village which employed the deceased member at the time of\ndeath, and shall consist of a pension which is equal to the salary of\nthe deceased member, reduced by the sum of each of the following\nbenefits received by the widow or widower or the deceased member's\nchildren under the age of eighteen, if the widow or widower has died, or\nto the deceased member's parents if the member has no widow, widower,\nchildren under the age of eighteen, or a student under the age of\ntwenty-three, on account of the death of the deceased member:\n 1. Any death benefit and any supplementation thereto paid by the said\ncounty, city, town or village in the form of a pension, and\n 2. The social security benefit payable on July first, nineteen hundred\nseventy-eight for death occurring prior to July first, nineteen hundred\nseventy-eight; or the social security benefit payable immediately after\ndeath if such death occurs on or after July first, nineteen hundred\nseventy-eight. In the event the social security benefit is reduced to an\namount less than that noted in this paragraph, the amount of special\naccidental death benefit shall be increased by the amount of the social\nsecurity reduction.\n 3. The workers' compensation benefit.\n In the case of a deceased member who died prior to January first,\nnineteen hundred seventy-eight the salary shall be increased by a\npercentage which shall be determined on the basis of the consumer price\nindex (all items--U.S. city average), published by the United States\nbureau of labor statistics. The percentage shall be determined as the\nratio of two indexes, the denominator of which is the average of the\ntwelve monthly consumer price indexes of the calendar year of the death\nof the member and the numerator of which is the average of the twelve\nmonthly consumer price indexes for the calendar year nineteen hundred\nseventy-seven. Said ratio, minus one, shall be expressed as a percentage\nand shall be adjusted to the nearest one-tenth of one per centum.\n c. Commencing July first, two thousand twenty-five the special\naccidental death benefit paid to a widow or widower or the deceased\nmember's children under the age of eighteen or, if a student, under the\nage of twenty-three, if the widow or widower has died, or to the\ndeceased member's parents if the member has no widow, widower, children\nunder the age of eighteen, or a student under the age of twenty-three,\nshall be escalated by adding thereto an additional percentage of the\nsalary of the deceased member (as increased pursuant to subdivision b of\nthis section) in accordance with the following schedule:\n calendar year of death\n of the deceased member per centum\n 1977 or prior 313.2%\n 1978 301.2%\n 1979 289.5%\n 1980 278.2%\n 1981 267.1%\n 1982 256.5%\n 1983 246.1%\n 1984 236.0%\n 1985 226.2%\n 1986 216.7%\n 1987 207.5%\n 1988 198.5%\n 1989 189.8%\n 1990 181.4%\n 1991 173.2%\n 1992 165.2%\n 1993 157.5%\n 1994 150.0%\n 1995 142.7%\n 1996 135.7%\n 1997 128.8%\n 1998 122.1%\n 1999 115.7%\n 2000 109.4%\n 2001 103.3%\n 2002 97.4%\n 2003 91.6%\n 2004 86.0%\n 2005 80.6%\n 2006 75.4%\n 2007 70.2%\n 2008 65.3%\n 2009 60.5%\n 2010 55.8%\n 2011 51.3%\n 2012 46.9%\n 2013 42.6%\n 2014 38.4%\n 2015 34.4%\n 2016 30.5%\n 2017 26.7%\n 2018 23.0%\n 2019 19.4%\n 2020 15.9%\n 2021 12.6%\n 2022 9.3%\n 2023 6.1%\n 2024 3.0%\n 2025 0.0%\n d. For the purpose of this section, salary shall be the regular\ncompensation earned during the member's last twelve months of service in\nfull pay status as a member, or, if he or she had not completed twelve\nmonths of service prior to the date of death, the compensation he or she\nwould have earned had he or she worked for the twelve months prior to\nsuch date, provided, that for the purpose of any payment on or after\nJuly first, nineteen hundred ninety-five the term salary shall in no\ncase be less than the full salary payable to a first grade police\nofficer (in the case of a deceased police officer) or a first grade\nfirefighter (in the case of a deceased firefighter) employed by a\ndepartment or uniformed force described in subdivision c of this section\non the date of such employee's death. Provided further, that for the\npurpose of any payment on or after July first, nineteen hundred\nninety-six the term salary shall in no case be less than the earnings\nthat would have been payable to a police superior officer were he or she\nin the highest grade of a supervisory position (in the case of a police\nsuperior officer deceased on or after July first, nineteen hundred\nninety-five who had been appointed to and was serving in such a\nsupervisory position) or payable to a fire officer were he or she in the\nhighest grade of a supervisory position (in the case of a fire officer\ndeceased on or after July first, nineteen hundred ninety-five who had\nbeen appointed to and was serving in such a supervisory position)\nemployed by a department or uniformed force described in subdivision c\nof this section on the date of such employee's death, and provided\nfurther that, for the purpose of any payment on or after September\ntenth, two thousand one, in the case of a police officer, a firefighter,\na police superior officer, or fire officer acting in a higher rank, the\nterm salary shall in no case be less than the earnings that would have\nbeen payable at the highest grade of such higher rank.\n e. There shall be appropriated to the general fund an amount equal to\nthe special accidental death benefits paid pursuant to subdivisions b\nand c of this section during each preceding state fiscal year, as\ncertified to the comptroller by the appropriate municipal official, for\nthe purposes of reimbursing such special accidental death benefits.\n The monies appropriated and made available pursuant to this\nsubdivision shall be paid under rules and regulations adopted by the\ncomptroller and subject to the approval of the director of the budget\nupon the audit and warrant of the comptroller on vouchers certified or\napproved as provided by law.\n f. The special accidental death benefit shall be paid to:\n 1. The member's widow or widower to continue during his or her\nlifetime. If he or she shall leave no widow or widower, or if his or\nher widow or widower shall die before all his or her children shall have\nattained age eighteen or, if students shall have attained the age of\ntwenty-three, or sooner die, then to\n 2. His or her child or children under age eighteen, or, if students,\nunder age twenty-three, divided in such manner as the comptroller, in\nhis discretion, shall determine, or sooner die, then to\n 3. His or her parents if the member has no widow, widower, children\nunder the age of eighteen, or a student under the age of twenty-three,\nfor their lifetimes. Such pension shall continue in the same amount as\nreceived by the member's widow or widower as a joint and survivor\npension until every such child shall have attained age eighteen or\nsooner die.\n g. Notwithstanding any other provision of law to the contrary, and\nsolely for the purposes of this section, a member otherwise covered by\nthis section shall be deemed to have died as the natural and proximate\nresult of an accident sustained in the performance of duty upon which\nhis or her membership is based, and not as a result of willful\nnegligence on his or her part, provided that such member was in active\nservice upon which his or her membership is based at the time that such\nmember was ordered to active duty pursuant to Title 10 of the United\nStates Code, with the armed forces of the United States or to service in\nthe uniformed services pursuant to Chapter 43 of Title 38 of the United\nStates Code, and such member died while on such active duty or service\nin the uniformed services on or after June fourteenth, two thousand five\nwhile serving on such active military duty or in the uniformed services.\n h. Notwithstanding any other provision of law, if (i) a member of a\npension or retirement system covering a police department or paid fire\ndepartment of a city, town or village; (ii) a member of a pension or\nretirement system covering the uniformed corrections force of the New\nYork city department of corrections; (iii) a member of a pension or\nretirement system covering a county sheriff's department (outside of the\ncity of New York); (iv) a deputy sheriff member of the New York city\nemployees' retirement system; (v) a member of the New York city\nemployees' retirement system who is an employee of the city of New York\nor the New York city health and hospitals corporation in a title whose\nduties are those of an emergency medical technician or advanced\nemergency medical technician (as those terms are defined in section\nthree thousand one of the public health law), or in a title whose duties\nrequire the supervision of employees whose duties are those of an\nemergency medical technician or advanced emergency medical technician\n(as those terms are defined in section three thousand one of the public\nhealth law); (vi) a bridge and tunnel member of the New York city\nemployees' retirement system, who: (1) has met the criteria of\nsubdivision g of section sixty-three of the retirement and social\nsecurity law, subdivision g of section three hundred sixty-three of the\nretirement and social security law, subdivision h of section three\nhundred sixty-three-bb of the retirement and social security law,\nsubdivision g of section five hundred seven of the retirement and social\nsecurity law, subdivision c of section five hundred seven-c of the\nretirement and social security law, subdivision h of section five\nhundred fifty-six of the retirement and social security law, subdivision\nh of section six hundred five of the retirement and social security law,\nsubdivision h of section six hundred five-a of the retirement and social\nsecurity law, subdivision d of section six hundred five-b of the\nretirement and social security law as added by chapter five hundred four\nof the laws of two thousand two, subdivision b of section six hundred\nfive-c of the retirement and social security law, subdivision c of\nsection six hundred seven-b of the retirement and social security law,\nsubdivision one of section 13-252.1 of the administrative code of the\ncity of New York, subdivision one of section 13-353.1 of the\nadministrative code of the city of New York, or subdivision b of section\n13-168 of the administrative code of the city of New York; and (2) dies\nin active service from a qualifying condition or impairment of health,\nas defined in each of the foregoing subdivisions, that is determined by\nthe applicable head of the retirement system or applicable medical board\nto have been caused by such member's participation in the World Trade\nCenter rescue, recovery or cleanup operations, then unless the contrary\nbe proven by competent evidence, such member shall be deemed to have\ndied as a natural and proximate result of an accident sustained in the\nperformance of duty and not as a result of willful negligence on his or\nher part. Upon such determination, the eligible beneficiary of such\nmember, as defined in either section sixty-one, five hundred one or six\nhundred one of the retirement and social security law, section 13-149,\n13-244 or 13-347 of the administrative code of the city of New York\nshall be entitled to a special accidental death benefit as provided by\nthis section, payable in accordance with subdivisions b, c and d of this\nsection.\n i. Notwithstanding any other provision of law, if (i) a retiree of a\npension or retirement system covering a police department or paid fire\ndepartment of a city, town or village; (ii) a retiree of a pension or\nretirement system covering the uniformed corrections force of the New\nYork city department of corrections; (iii) a retiree of a pension or\nretirement system covering a county sheriff's department (outside of the\ncity of New York); (iv) a retired deputy sheriff member of the New York\ncity employees' retirement system; (v) a retired member of the New York\ncity employees' retirement system who was an employee of the city of New\nYork or the New York city health and hospitals corporation in a title\nwhose duties are those of an emergency medical technician or advanced\nemergency medical technician (as those terms are defined in section\nthree thousand one of the public health law) or in a title whose duties\nrequire the supervision of employees whose duties are those of an\nemergency medical technician or advanced emergency medical technician\n(as those terms are defined in section three thousand one of the public\nhealth law); or (vi) a retired bridge and tunnel member of the New York\ncity employees' retirement system, who: (1) has met the criteria of\nsubdivision g of section sixty-three of the retirement and social\nsecurity law, subdivision g of section three hundred sixty-three of the\nretirement and social security law, subdivision h of section three\nhundred sixty-three-bb of the retirement and social security law,\nsubdivision g of section five hundred seven of the retirement and social\nsecurity law, subdivision c of section five hundred seven-c of the\nretirement and social security law, subdivision h of section five\nhundred fifty-six of the retirement and social security law, subdivision\nh of section six hundred five of the retirement and social security law,\nsubdivision h of section six hundred five-a of the retirement and social\nsecurity law, subdivision d of section six hundred five-b of the\nretirement and social security law as added by chapter five hundred four\nof the laws of two thousand two, subdivision b of section six hundred\nfive-c of the retirement and social security law, subdivision c of\nsection six hundred seven-b of the retirement and social security law,\nsubdivision one of section 13-252.1 of the administrative code of the\ncity of New York, subdivision one of section 13-353.1 of the\nadministrative code of the city of New York, or subdivision b of section\n13-168 of the administrative code of the city of New York, or would have\nmet the criteria if not already retired on an accidental disability; and\n(2) has not been retired for more than twenty-five years; and (3) dies\nfrom a qualifying condition or impairment of health, as defined in each\nof the foregoing subdivisions, that is determined by the applicable head\nof the retirement system or applicable medical board to have been caused\nby such retiree's participation in the World Trade Center rescue,\nrecovery or cleanup operations, then unless the contrary be proven by\ncompetent evidence, such retiree shall be deemed to have died as a\nnatural and proximate result of an accident sustained in the performance\nof duty and not as a result of willful negligence on his or her part.\nUpon such determination, the eligible beneficiary of such retiree, as\ndefined in either section sixty-one, five hundred one or six hundred one\nof the retirement and social security law or section 13-149, 13-244, or\n13-347 of the administrative code of the city of New York shall be\nentitled to a special accidental death benefit as provided by this\nsection, payable in accordance with subdivisions b, c and d of this\nsection, however, for the purposes of determining the salary base upon\nwhich the special accidental death benefit is calculated, the retiree\nshall be deemed to have died on the date of his or her retirement. In no\nevent shall the special accidental death benefit be paid unless a\nwritten application is made by the eligible beneficiary of such retiree\nto the head of the applicable retirement system requesting conversion of\nthe retiree's service or disability benefit to an accidental death\nbenefit and upon the approval of said application. At the time of such\nconversion, the eligible beneficiary shall relinquish all rights to the\nprospective benefits under the service or disability retirement benefit,\nincluding any post-retirement death benefits, since the retiree's death.\nIf the eligible beneficiary is not the only beneficiary receiving or\nentitled to receive a benefit under the service or disability retirement\nbenefit (including, but not limited to, post-retirement death benefits\nor benefits paid or payable pursuant to the retiree's option selection),\nthe special accidental death benefit payments to the eligible\nbeneficiary will be reduced by any amounts paid or payable to any other\nbeneficiary.\n j. In the case of a deceased member who died prior to the effective\ndate of this subdivision, the payment of the benefit to the deceased\nmember's parents shall commence on the effective date of this\nsubdivision, provided, however that the benefit amount shall be deemed\nto have been subject to annual increases pursuant to subdivision b of\nthis section and escalation pursuant to subdivision c of this section,\nfrom the date of such member's death.\n k. In the case of a deceased county member who died prior to the\neffective date of this subdivision, the payment of the benefit to the\ndeceased member's beneficiaries pursuant to subdivision f of this\nsection, shall commence on the effective date of this subdivision,\nprovided, however that the benefit amount shall be deemed to have been\nsubject to annual increases pursuant to subdivision b of this section\nand escalation pursuant to subdivision c of this section, from the date\nof such member's death.\n