2006 New York Code - Distribution Of Tax On Policies Covering Property In The City Of New York.

 
    § 11-909 Distribution of tax on policies covering property in the city
  of New York. (a) The moneys received by the commissioner of finance as a
  tax  on  policies covering property in each borough of the city shall be
  disbursed by the commissioner of finance as follows:
    1. Ten percent to the firemen's association of the state of New  York,
  for  the  endowment,  benefit and maintenance of the volunteer firemen's
  home at Hudson, but in  no  event  to  exceed  the  sum  of  thirty-five
  thousand dollars ($35,000) annually.
    2. The balance to the general fund of the city established pursuant to
  section one hundred nine of the charter, except as provided in paragraph
  three of this subdivision.
    3.  a.  Volunteer firemen's benevolent fund; trustee. From the balance
  specified in paragraph two of this subdivision, a sum, not to exceed one
  hundred fifty thousand dollars in any one year, shall  be  paid  into  a
  fund to be known as the volunteer firemen's benevolent fund, which shall
  be  administered  as  hereinafter  provided by the fire commissioner, as
  trustee  of  such  fund,  for  the   benefit   of   indigent   volunteer
  firefighters, their surviving spouses and orphans.
    b.  Persons  entitled to benefits from fund. All funds received by the
  fire commissioner as trustee under this paragraph shall be  expended  by
  the fire commissioner for the relief of:
    (i)  all  indigent  volunteer  firefighters  who  served as such for a
  period of five years in a duly organized volunteer fire company  in  the
  former towns of New Lots, Flatlands, Gravesend, New Utrecht and Flatbush
  in  the county of Kings, or in the territory now included in the borough
  of Richmond, or in the territory now included in the borough of  Queens,
  or  in  the  territory now included in the borough of the Bronx, and who
  were honorably discharged after such  five  years  of  service,  or  who
  having  been  members  of a duly organized volunteer fire company within
  any such town or territory, which company was disbanded by reason of the
  installation of a paid fire department, and were members of such company
  for at least one year prior to its disbandment;
    (ii)  the  surviving  spouses  and  orphans  of  any  such   volunteer
  firefighters.
    c.   Fund   benefits   of   beneficiaries  on  rolls  as  of  December
  thirty-first, nineteen hundred fifty-one. During the lifetime  of  those
  relief  beneficiaries  who  appear  as such as of December thirty-first,
  nineteen hundred fifty-one upon the  records  of  the  trustees  of  the
  exempt  firemen's  benevolent  fund  of  the  county of Kings, or of the
  trustees of the exempt firemen's  benevolent  fund  of  the  borough  of
  Queens,  or  of  the trustees of the exempt firemen's benevolent fund of
  the borough of Staten Island, or of the trustees of the exempt firemen's
  benevolent fund of the borough of the Bronx, it shall be the duty of the
  fire commissioner, as such trustee, to pay to  such  beneficiaries  from
  the  volunteer  firemen's  benevolent fund referred to in subparagraph a
  hereof, the same  amounts  as  were  being  periodically  paid  to  such
  beneficiaries as of June thirtieth, nineteen hundred fifty-two.
    d.  Fund benefits of residents of firemen's home. It shall be the duty
  of the fire commissioner,  as  such  trustee,  to  pay  from  such  fund
  referred  to  in  subparagraph a, the sum of ten dollars monthly to each
  volunteer firefighter in residence at the volunteer  firemen's  home  at
  Hudson,  who  qualified for entrance into such home by reason of service
  as a volunteer firefighter within  the  area  now  included  within  the
  boundaries of the city of New York. No other payments shall be made from
  such  fund  to any such volunteer firefighter while in residence at such
  home.
    e. Eligibility of persons who applied for fund benefits after December
  thirty-first, nineteen hundred fifty-one, and prior to the establishment


  of fund. Upon the establishment of the  volunteer  firemen's  benevolent
  fund  referred to in subparagraph a hereof, the fire commissioner or the
  fire  commissioner's  authorized  subordinates  shall  investigate   and
  determine  the  need  for  benefits  of  all persons who, after December
  thirty-first, nineteen hundred fifty-one and prior to the  establishment
  of  such  volunteer  firemen's  benevolent  fund,  applied  for benefits
  payable from any of the benevolent funds  mentioned  in  subparagraph  c
  hereof,  and  who  are  receiving  benefits therefrom at the time of the
  establishment of such fund referred to in subparagraph a. No such person
  shall be found to be in need of benefits, nor shall any such  person  be
  paid  any  benefits  from  such  last-mentioned  fund  unless  the  fire
  commissioner or the fire commissioner's  authorized  subordinates  shall
  determine  that  such  person  is  indigent.  In the event that any such
  person is thus found to be in need of benefits,  the  fire  commissioner
  shall  pay  to  such  person  from  such  last-mentioned  fund, the same
  periodic amounts as the trustees mentioned in subparagraph c hereof were
  paying as of June thirtieth, nineteen hundred fifty-two, to a person who
  had the same status and who was receiving benefits from the  borough  or
  county  fund which would be currently liable for the payment of benefits
  to such person, but for the provision of section 13-532 of the code.  It
  shall  be  the duty of the fire commissioner and the fire commissioner's
  authorized subordinates to maintain and  carry  out  continuously,  such
  investigation  procedures  as  may  be necessary to assure that benefits
  will not be paid from such fund to any persons who are not  in  need  as
  herein specified.
    f.  Eligibility  for  benefits  of  persons  applying  therefor  after
  establishment of fund. All persons applying after the  establishment  of
  the  volunteer  firemen's benevolent fund for benefits payable therefrom
  shall be investigated as to need by the fire commissioner  or  the  fire
  commissioner's  authorized  subordinates,  and  the  eligibility of such
  persons for benefits and the amount thereof to be awarded  and  paid  to
  them   shall  be  determined  by  the  fire  commissioner  or  the  fire
  commissioner's authorized subordinates in accordance with the  standards
  specified  in  subparagraph  e  hereof. Benefits shall be paid from such
  fund to eligible persons in accordance with such  determination  and  it
  shall  be  the duty of the fire commissioner and the fire commissioner's
  subordinates continuously to maintain and carry out as to  such  persons
  investigation procedures such as are described in subparagraph e hereof.
  The  fire commissioner, as part of his or her investigation to determine
  eligibility of persons for fund benefits, shall request  from  the  duly
  appointed representative of the volunteer firefighters in each borough a
  report  on  such  person's  service  and indigency. Such report shall be
  solely for the information of the fire commissioner  and  shall  not  be
  binding  upon the fire commissioner in arriving at a determination as to
  eligibility. In the event that such report is not submitted  within  ten
  days  from  the  date  of request, the fire commissioner shall determine
  eligibility  on  the  basis  of  the  facts  developed   in   the   fire
  commissioner's own investigation.
    g.  Excess  moneys.  In  the  event that the benefits paid by the fire
  commissioner, as trustee, during any period of one year beginning on the
  first day of February shall not equal  the  sum  of  one  hundred  fifty
  thousand  dollars, the unexpended balance shall be paid into the general
  fund of the city established pursuant to section one hundred nine of the
  charter, except that the fire commissioner may retain in  the  volunteer
  firemen's  benevolent  fund  such amount as may be necessary to meet the
  commitments of such fund until the revenue from the tax collected  under
  this chapter in the ensuing taxable year shall become available.


    h.   Depositories.  The  fire  commissioner,  as  trustee,  is  hereby
  empowered and directed to receive all moneys  and  assets  belonging  or
  payable  to  such  volunteer firemen's benevolent fund and shall deposit
  all such moneys to the credit of such fund in banks and trust  companies
  to be selected by the fire commissioner.
    i.  Bond. The fire commissioner, as trustee of such fund, shall give a
  bond with one or more sureties, in a sum  sufficient  for  the  faithful
  performance  of his or her duties, such bond to be approved as to amount
  and adequacy, by the comptroller and filed in the comptroller's office.
    j. Records. The officers and employees of the fire department who  are
  responsible for the maintenance of the books and records of the New York
  fire department pension fund shall have charge of, and keep the accounts
  of   the  fire  commissioner  as  trustee  of  the  volunteer  firemen's
  benevolent fund.
    k. Reports. The  fire  commissioner,  as  trustee  of  such  volunteer
  firemen's  benevolent  fund,  shall submit to the mayor on or before the
  first day of April of each year, a verified report in which shall be set
  forth the account of the fire commissioner's proceedings as such trustee
  during the twelve-month period ending on the thirty-first day of January
  immediately preceding. Such report shall  include  a  statement  of  all
  receipts and disbursements on account of such benevolent fund, a list of
  the  names,  residences  and  as  nearly  as  possible,  the ages of the
  beneficiaries of such fund and  the  respective  amounts  paid  to  them
  during such period.
    1.  Audit. The comptroller shall have the power to audit the books and
  records of the fire commissioner as trustee of the  volunteer  firemen's
  benevolent fund.
    (b)  The  moneys received by the fire commissioner as trustee pursuant
  to the provisions of paragraph three of subdivision (a) of this  section
  shall  be  expended  by  the  fire commissioner only as provided in such
  paragraph.