2006 New York Code - Death Benefits For Beneficiaries Of Certain Policemen And Firemen.

 
    §  208-b.  Death  benefits  for beneficiaries of certain policemen and
  firemen. 1. Notwithstanding any other provision of law, and in  addition
  to  any  benefits  otherwise provided, death benefit may be payable upon
  the death of a regular member of a police department or police force  or
  of  a  fire department in a county not wholly contained within a city, a
  city having a population of less than one million, or a  town,  village,
  or  other subdivision of government, or agency of such a county having a
  regular police department  or  force  or  fire  department,  hereinafter
  referred  to as a municipality, if, upon application therefor, the chief
  officer of the municipality maintaining such department or  force  shall
  determine, on the basis of the evidence, that such member:
    a. Died within one year after, and as the natural and proximate result
  of  injuries  sustained at a definite time and place and incurred in the
  performance of duty as a member of such department or force, and
    b. Did not cause such accident by his own wilful negligence.
    2. The death benefit shall  be  paid  by  the  municipality  upon  the
  allowance of the claim therefor, and shall consist of:
    a. An amount equal to the salary received by such member either during
  the  year  immediately preceding his death, or during the year preceding
  such injuries, whichever is greater and
    b. One thousand dollars, or ten percent of the deceased member's final
  salary, whichever is higher, payable for each child of such member under
  eighteen on the date of the member's death.
    3. The death benefit shall be paid to:
    a. The member's widow, or if he shall leave no widow, or if his  widow
  shall  die  before  receiving  the  total  of  the  amounts  provided in
  subdivision two hereof, then to
    b. His child or children under age eighteen, in equal amounts.
    4. Application for death benefit shall be made:
    a. By the member's widow.
    b. By any of his children.
    c. By any person in behalf of the widow or children.
    5. Application for death benefit shall be made:
    a. To the chief fiscal officer of the municipality, on a  form  to  be
  prescribed  and  supplied  by  him  and requiring such information as he
  shall determine necessary.
    b. Within thirty  days  after  the  death  of  the  member,  provided,
  however,  that failure to file the application within thirty days may be
  excused on petition to and order of  a  justice  of  the  supreme  court
  having jurisdiction, upon a showing either
    1. That a sufficient reason exists why such notice was not given.
    2.  That  a report or other notice was made or given to the department
  or force of the injuries within the thirty day period.
    3. That the municipality has not  been  prejudiced  by  the  delay  in
  giving the notice.