2006 New York Code - Accidental Death Benefits In The Case Of Deaths Occurring Prior To July First, Nineteen Hundred Sixty-five.

 
    §  13-245  Accidental  death  benefits in the case of deaths occurring
  prior to July first, nineteen hundred sixty-five. a. Notwithstanding the
  provisions of section 13-244 of this subchapter, in  any  case  where  a
  pension  was  or  is  awarded  under  the provisions of such section, by
  reason of the death of a member occurring before  July  first,  nineteen
  hundred  and  sixty-five,  such  pension,  subject  to the provisions of
  subdivisions b and c of this section, shall be:
    (1) For each full calendar year, on and after January first,  nineteen
  hundred and sixty-five, an amount equal to one-half of the annual salary
  or compensation payable, on July first, nineteen hundred and sixty-five,
  to  a  member  of  the  uniformed  force  of  rank,  seniority and other
  salary-determining status, equal to that of the deceased member  on  the
  date  of  his  or  her  death,  but in no case less than one-half of the
  salary payable, to a first grade police officer on July first,  nineteen
  hundred sixty-five, and
    (2)  For  any  portion of a calendar year, on and after January first,
  nineteen hundred and sixty-five, the appropriate pro rata portion of the
  amount which would be payable, under the provisions of paragraph one  of
  this  subdivision  a,  for  the  full  calendar year which includes such
  portion of a year, if a pension were payable under this section for such
  full calendar year.
    b. Such pension shall be payable to the  same  persons  and  shall  be
  subject  to  the  same  terms and conditions, including provisions as to
  termination, as the pension which would otherwise  be  payable,  on  and
  after  January  first,  nineteen  hundred  and  sixty-five,  pursuant to
  section 13-244 of this subchapter by reason of the death of such member.
    c. The pension payable pursuant to the provisions  of  subdivisions  a
  and  b  of  this  section  shall  be  in lieu of any pension which would
  otherwise be payable on and after the effective date  of  this  section,
  pursuant  to  the  provisions  of section 13-244 of this subchapter and,
  except as otherwise provided  in  paragraph  one  of  subdivision  e  of
  section  13-686  of  this  title,  shall  be in lieu of any supplemental
  retirement allowance which would otherwise be payable, on and after such
  date, under the provisions of subchapter six of  chapter  five  of  this
  title of the code or any other law.