2006 New York Code - Death Benefits; Accidental Death Benefits.

 
    §  13-149  Death  benefits;  accidental  death  benefits. a. Except as
  otherwise provided in subdivision b of this section, upon the accidental
  death of a member before retirement, provided  that  evidence  shall  be
  submitted  to  such  board proving that the death of such member was the
  natural and proximate result of an accident sustained while a member and
  while in the performance of duty at some definite  time  and  place  and
  that  such  death  was not the result of wilful negligence on his or her
  part, such member's accumulated deductions, if any, shall be paid to his
  or her estate, or to such persons as he or she has  nominated  or  shall
  nominate  by  written designation, duly acknowledged and filed with such
  board. Upon application by or  on  behalf  of  the  dependents  of  such
  deceased  member,  such  board  shall  grant  a  lump sum payment of the
  reserve-for-increased-take-home-pay and a pension  of  one-half  of  the
  final compensation of such employee:
    1.  To  his  or  her  surviving spouse, to continue until the death or
  remarriage of surviving spouse; or
    2. If there be no surviving spouse, or if the surviving spouse dies or
  remarries before any child of such deceased member shall  have  attained
  the  age  of  eighteen years, then to his or her child or children under
  such age, divided in such manner as such board in its  discretion  shall
  determine,  to  continue  as a joint and survivor pension of one-half of
  his or her final compensation until every such  child  dies  or  attains
  such age; or
    3.  If there be no surviving spouse or child under the age of eighteen
  years surviving such deceased member,  then  to  his  or  her  dependent
  father or mother, as the deceased member shall have nominated by written
  designation duly acknowledged and filed with such board; or, if there be
  no such nomination, then to his or her dependent father or to his or her
  dependent  mother,  as  such  board  in  its discretion shall direct, to
  continue for life; or
    4. If there be no surviving person who is  eligible  to  receive  such
  benefits  in  accordance  with  paragraph  one,  two  or  three  of this
  subdivision, then to the person that such  deceased  member  shall  have
  nominated by written designation duly executed and filed with such board
  during  the lifetime of the member for the purposes of section 13-148 of
  this chapter.
    b. (1) (a) For the purposes of this subdivision b, the  term  "maximum
  basic annual salary of sanitation workers" shall mean the highest, basic
  annual  rate  of compensation payable to any class of sanitation workers
  under a schedule or schedules or plan for the compensation of sanitation
  workers in effect pursuant to law as of the date with respect  to  which
  benefits are to be determined pursuant to this subdivision b.
    (b)  Such  term  shall  exclude any form of salary, compensation, pay,
  premium or differential for work as a sanitation worker  compensable  at
  other than the rate mentioned in subparagraph (a) of this paragraph one.
    (c)  The  exclusions  prescribed by subparagraph (b) of this paragraph
  one  shall  include,  but  shall  not  be  limited   to,   any   salary,
  compensation,  pay,  premium  or  differential for overtime or Saturday,
  Sunday, holiday, snow removal, chart or night work.
    (2) Notwithstanding the provisions of subdivision a of  this  section,
  upon  the  accidental  death  before  retirement  of  a  member who is a
  sanitation member provided that evidence  shall  be  submitted  to  such
  board  proving  that  the  death  of  such  member  was  the natural and
  proximate result of an accident sustained while a member  and  while  in
  the  performance  of  duty at some definite time and place and that such
  death was not the result of wilful negligence on his or her part, his or
  her accumulated deductions shall be paid to his or  her  estate,  or  to
  such  persons  as  he  or she has nominated or shall nominate by written


  designation,  duly  acknowledged  and  filed  with  such   board.   Upon
  application  by  or on behalf of the dependents of such deceased member,
  such   board   shall   grant    a    lump    sum    payment    of    the
  reserve-for-increased-take-home-pay  and  a  pension of one-half of such
  member's annual salary or compensation on the date of his or her  death;
  provided  that  in  no  case shall such pension be in an amount which is
  less than one-half of the maximum  basic  annual  salary  of  sanitation
  workers  payable as of such date of death to sanitation workers employed
  by the department of sanitation:
    (1) To his or her surviving spouse, to continue until the death of the
  surviving spouse; or
    (2) If there be no surviving spouse, or if the surviving  spouse  dies
  before  any child of such deceased member shall have attained the age of
  eighteen years, then to his or her child or  children  under  such  age,
  divided  in such manner as such board in its discretion shall determine,
  to continue as a joint and survivor pension in  the  amount  hereinabove
  specified until every such child dies or attains such age; or
    (3) If there be no surviving spouse or child under the age of eighteen
  years  surviving  such  deceased  member,  then  to his or her dependent
  father or mother, as the deceased member shall have nominated by written
  designation duly acknowledged and filed with such board; or, if there be
  no such nomination, then to his or her dependent father or to his or her
  dependent mother, as such board  in  its  discretion  shall  direct,  to
  continue for life.
    c.  Notwithstanding  any  other  provision of law to the contrary, and
  solely for the purposes of this section, a member  shall  be  deemed  to
  have  died  as the natural and proximate result of an accident sustained
  in the performance of duty upon which his or her  membership  is  based,
  and  not  as a result of willful negligence on his or her part, provided
  that such member was in active service upon which his or her  membership
  is  based at the time that such member was ordered to active duty, other
  than for training purposes, pursuant to Title 10 of  the  United  States
  Code,  with  the armed forces of the United States, and such member died
  while on such active duty on or after the effective date of the  chapter
  of  the  laws  of  two  thousand five which added this subdivision while
  serving on such active military duty.