New York Laws
Article 10 - Firefighters and Police Officers
207-F - Ordinary Death Benefits of Members of Fire Department Systems of Cities.

(a) "Member" means a contributor to the pension system of any city
maintaining a fire department pension fund based upon the accumulation
of deductions from the compensation or the contributions of the members
thereof and payments made by such cities to pension reserves for such
members.
(b) "Death" means ordinary death not caused in or induced by injuries
suffered in the line of duty, or as a direct result of service in the
fire department.
(c) "Pension" shall mean payments for life derived from appropriations
for and payments into such pension system by such city.
(d) "Minimum period of service" shall mean a fixed number of years of
service specified in a plan provided by such fire department pension
system and elected by such member, as a necessary pre-requisite for a
pension or retirement allowance upon retirement from service.
(e) "Minimum age" means the age specified in a plan provided by such
fire department pension system and elected by such member, as a
necessary pre-requisite for a pension or retirement allowance upon
retirement from service.
2. Any member who shall have attained the minimum age or period of
service retirement elected by him upon his own written application to
and filed with the pension board setting forth at what time he desires
to be retired shall be retired as of the date specified in said
application, provided that at the time so specified for his retirement,
his term or tenure of office or employment shall not have terminated or
have been forfeited.
3. Notwithstanding other provisions of any rules or regulations
adopted by the pension board, or any provisions of law to the contrary,
a member eligible for retirement by reason of service may file with such
pension board a written application for retirement in the form required
for such application, electing an option or options where such options
are provided under existing pension laws, but requesting that such
retirement under said option or options shall become effective on the
day immediately preceding his death. The application shall be held by
such pension board until the member shall file a later application for
retirement, or until his death, whichever of such events shall first
occur; and in the event of such member's death while such application
shall continue to be so held by such pension board, his said retirement
shall become effective with the same benefits to the designated
beneficiary as if such member had retired and had become entitled to
retirement allowance on the day immediately preceding his death.
In the event that a member, who would be eligible for retirement by
reason of service, dies while in service before filing with such pension
board an application for retirement in the form required for such
application, or who, having filed an application for retirement in the
form required, dies on or after the effective date of his retirement but
before becoming entitled to retirement allowance, he shall nevertheless
be deemed to have been retired and to have become entitled to a
retirement allowance effective on the day immediately preceding his
death; and if he had not indicated his election of an option under which
he desired to be retired, he shall be considered as having elected to
retire under the option designated as Option 1 if such option is
provided for in the present pension law.
4. The provisions of this section shall not apply to members of the
New York state and local police and fire retirement system.

Structure New York Laws