New York Laws
Article 10 - Firefighters and Police Officers
208-F - Special Accidental Death Benefit.

§ 208-f. Special accidental death benefit. a. Notwithstanding any
other provision of law, the special accidental death benefit provided by
this section shall be paid to the widow or widower or the deceased
member's children under the age of eighteen, or, if a student under the
age of twenty-three, if the widow or widower has died, or to the
deceased member's parents if the member has no widow, widower, children
under the age of eighteen, or a student under the age of twenty-three,
of: (i) a deceased member of a pension or retirement system of a police
department or paid fire department of a city, town or village; (ii) a
deceased paid member of the police force of the police department of the
New York city transit authority; (iii) a deceased paid member of the
police force of the police department of the New York city housing
authority; (iv) a deceased paid member of the uniformed correction force
of the New York city department of correction; (v) a deceased paid
uniformed member of a county sheriff's department (outside the city of
New York); (vi) a deceased employee of the city of New York or the New
York city health and hospitals corporation in a title whose duties are
those of an emergency medical technician or advanced emergency medical
technician (as those terms are defined in section three thousand one of
the public health law), or in a title whose duties require the
supervision of employees whose duties are those of an emergency medical
technician or advanced emergency medical technician (as those terms are
defined in section three thousand one of the public health law); (vii) a
deceased paid bridge and tunnel member of the New York city employees'
retirement system; or (viii) a deceased paid member of the uniformed
force of the New York city department of sanitation, providing the widow
or widower is ineligible to receive benefits pursuant to section three
hundred sixty-one-a of the retirement and social security law as amended
by chapter seven hundred thirty-three of the laws of nineteen hundred
ninety and the deceased member:

1. Died before the effective date of his or her retirement, as the
natural and proximate result of an accident sustained in the performance
of duty in the service upon which his membership was based, and

2. Did not cause such accident by his or her own willful negligence,
and

3. At the time of such accident was actually a member of: (i) a
pension or retirement system of a police department or paid fire
department of a city, town or village; (ii) a pension or retirement
system covering the police force of the police department of the New
York city transit authority; (iii) a pension or retirement system
covering the police force of the police department of the New York city
housing authority; (iv) a pension or retirement system covering the
uniformed correction force of the New York city department of
correction; (v) a pension or retirement system covering uniformed
members of a county sheriff's department (outside the city of New York);
(vi) a pension or retirement system covering employees of the city of
New York, or the New York city health and hospitals corporation in a
title whose duties are those of an emergency medical technician or
advanced emergency medical technician (as those terms are defined in
section three thousand one of the public health law), or in a title
whose duties require the supervision of employees whose duties are those
of an emergency medical technician or advanced emergency medical
technician (as those terms are defined in section three thousand one of
the public health law); (vii) a pension or retirement system covering
paid bridge and tunnel members of the New York city employees'
retirement system; or (viii) a pension or retirement system covering
paid members of the uniformed force of the New York city department of
sanitation.


b. The special accidental death benefit shall be paid by the county,
city, town or village which employed the deceased member at the time of
death, and shall consist of a pension which is equal to the salary of
the deceased member, reduced by the sum of each of the following
benefits received by the widow or widower or the deceased member's
children under the age of eighteen, if the widow or widower has died, or
to the deceased member's parents if the member has no widow, widower,
children under the age of eighteen, or a student under the age of
twenty-three, on account of the death of the deceased member:

1. Any death benefit and any supplementation thereto paid by the said
county, city, town or village in the form of a pension, and

2. The social security benefit payable on July first, nineteen hundred
seventy-eight for death occurring prior to July first, nineteen hundred
seventy-eight; or the social security benefit payable immediately after
death if such death occurs on or after July first, nineteen hundred
seventy-eight. In the event the social security benefit is reduced to an
amount less than that noted in this paragraph, the amount of special
accidental death benefit shall be increased by the amount of the social
security reduction.

3. The workers' compensation benefit.

In the case of a deceased member who died prior to January first,
nineteen hundred seventy-eight the salary shall be increased by a
percentage which shall be determined on the basis of the consumer price
index (all items--U.S. city average), published by the United States
bureau of labor statistics. The percentage shall be determined as the
ratio of two indexes, the denominator of which is the average of the
twelve monthly consumer price indexes of the calendar year of the death
of the member and the numerator of which is the average of the twelve
monthly consumer price indexes for the calendar year nineteen hundred
seventy-seven. Said ratio, minus one, shall be expressed as a percentage
and shall be adjusted to the nearest one-tenth of one per centum.

c. Commencing July first, two thousand twenty-two the special
accidental death benefit paid to a widow or widower or the deceased
member's children under the age of eighteen or, if a student, under the
age of twenty-three, if the widow or widower has died, or to the
deceased member's parents if the member has no widow, widower, children
under the age of eighteen, or a student under the age of twenty-three,
shall be escalated by adding thereto an additional percentage of the
salary of the deceased member (as increased pursuant to subdivision b of
this section) in accordance with the following schedule:

calendar year of death

of the deceased member per centum

1977 or prior 278.2%

1978 267.1%

1979 256.5%

1980 246.1%

1981 236%

1982 226.2%

1983 216.7%

1984 207.5%

1985 198.5%

1986 189.8%

1987 181.4%

1988 173.2%

1989 165.2%

1990 157.5%

1991 150.0%

1992 142.7%


1993 135.7%

1994 128.8%

1995 122.1%

1996 115.7%

1997 109.4%

1998 103.3%

1999 97.4%

2000 91.6%

2001 86.0%

2002 80.6%

2003 75.4%

2004 70.2%

2005 65.3%

2006 60.5%

2007 55.8%

2008 51.3%

2009 46.9%

2010 42.6%

2011 38.4%

2012 34.4%

2013 30.5%

2014 26.7%

2015 23.0%

2016 19.4%

2017 15.9%

2018 12.6%

2019 9.3%

2020 6.1%

2021 3.0%

2022 0.0%

d. For the purpose of this section, salary shall be the regular
compensation earned during the member's last twelve months of service in
full pay status as a member, or, if he or she had not completed twelve
months of service prior to the date of death, the compensation he or she
would have earned had he or she worked for the twelve months prior to
such date, provided, that for the purpose of any payment on or after
July first, nineteen hundred ninety-five the term salary shall in no
case be less than the full salary payable to a first grade police
officer (in the case of a deceased police officer) or a first grade
firefighter (in the case of a deceased firefighter) employed by a
department or uniformed force described in subdivision c of this section
on the date of such employee's death. Provided further, that for the
purpose of any payment on or after July first, nineteen hundred
ninety-six the term salary shall in no case be less than the earnings
that would have been payable to a police superior officer were he or she
in the highest grade of a supervisory position (in the case of a police
superior officer deceased on or after July first, nineteen hundred
ninety-five who had been appointed to and was serving in such a
supervisory position) or payable to a fire officer were he or she in the
highest grade of a supervisory position (in the case of a fire officer
deceased on or after July first, nineteen hundred ninety-five who had
been appointed to and was serving in such a supervisory position)
employed by a department or uniformed force described in subdivision c
of this section on the date of such employee's death, and provided
further that, for the purpose of any payment on or after September
tenth, two thousand one, in the case of a police officer, a firefighter,
a police superior officer, or fire officer acting in a higher rank, the

term salary shall in no case be less than the earnings that would have
been payable at the highest grade of such higher rank.

e. There shall be appropriated to the general fund an amount equal to
the special accidental death benefits paid pursuant to subdivisions b
and c of this section during each preceding state fiscal year, as
certified to the comptroller by the appropriate municipal official, for
the purposes of reimbursing such special accidental death benefits.

The monies appropriated and made available pursuant to this
subdivision shall be paid under rules and regulations adopted by the
comptroller and subject to the approval of the director of the budget
upon the audit and warrant of the comptroller on vouchers certified or
approved as provided by law.

f. The special accidental death benefit shall be paid to:

1. The member's widow or widower to continue during his or her
lifetime. If he or she shall leave no widow or widower, or if his or
her widow or widower shall die before all his or her children shall have
attained age eighteen or, if students shall have attained the age of
twenty-three, or sooner die, then to

2. His or her child or children under age eighteen, or, if students,
under age twenty-three, divided in such manner as the comptroller, in
his discretion, shall determine, or sooner die, then to

3. His or her parents if the member has no widow, widower, children
under the age of eighteen, or a student under the age of twenty-three,
for their lifetimes. Such pension shall continue in the same amount as
received by the member's widow or widower as a joint and survivor
pension until every such child shall have attained age eighteen or
sooner die.

g. Notwithstanding any other provision of law to the contrary, and
solely for the purposes of this section, a member otherwise covered by
this section 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 pursuant to Title 10 of the United
States Code, with the armed forces of the United States or to service in
the uniformed services pursuant to Chapter 43 of Title 38 of the United
States Code, and such member died while on such active duty or service
in the uniformed services on or after June fourteenth, two thousand five
while serving on such active military duty or in the uniformed services.

h. Notwithstanding any other provision of law, if (i) a member of a
pension or retirement system covering a police department or paid fire
department of a city, town or village; (ii) a member of a pension or
retirement system covering the uniformed corrections force of the New
York city department of corrections; (iii) a member of a pension or
retirement system covering a county sheriff's department (outside of the
city of New York); (iv) a deputy sheriff member of the New York city
employees' retirement system; (v) a member of the New York city
employees' retirement system who is an employee of the city of New York
or the New York city health and hospitals corporation in a title whose
duties are those of an emergency medical technician or advanced
emergency medical technician (as those terms are defined in section
three thousand one of the public health law), or in a title whose duties
require the supervision of employees whose duties are those of an
emergency medical technician or advanced emergency medical technician
(as those terms are defined in section three thousand one of the public
health law); (vi) a bridge and tunnel member of the New York city
employees' retirement system, who: (1) has met the criteria of

subdivision g of section sixty-three of the retirement and social
security law, subdivision g of section three hundred sixty-three of the
retirement and social security law, subdivision h of section three
hundred sixty-three-bb of the retirement and social security law,
subdivision g of section five hundred seven of the retirement and social
security law, subdivision c of section five hundred seven-c of the
retirement and social security law, subdivision h of section five
hundred fifty-six of the retirement and social security law, subdivision
h of section six hundred five of the retirement and social security law,
subdivision h of section six hundred five-a of the retirement and social
security law, subdivision d of section six hundred five-b of the
retirement and social security law as added by chapter five hundred four
of the laws of two thousand two, subdivision b of section six hundred
five-c of the retirement and social security law, subdivision c of
section six hundred seven-b of the retirement and social security law,
subdivision one of section 13-252.1 of the administrative code of the
city of New York, subdivision one of section 13-353.1 of the
administrative code of the city of New York, or subdivision b of section
13-168 of the administrative code of the city of New York; and (2) dies
in active service from a qualifying condition or impairment of health,
as defined in each of the foregoing subdivisions, that is determined by
the applicable head of the retirement system or applicable medical board
to have been caused by such member's participation in the World Trade
Center rescue, recovery or cleanup operations, then unless the contrary
be proven by competent evidence, such member shall be deemed to have
died as a natural and proximate result of an accident sustained in the
performance of duty and not as a result of willful negligence on his or
her part. Upon such determination, the eligible beneficiary of such
member, as defined in either section sixty-one, five hundred one or six
hundred one of the retirement and social security law, section 13-149,
13-244 or 13-347 of the administrative code of the city of New York
shall be entitled to a special accidental death benefit as provided by
this section, payable in accordance with subdivisions b, c and d of this
section.

i. Notwithstanding any other provision of law, if (i) a retiree of a
pension or retirement system covering a police department or paid fire
department of a city, town or village; (ii) a retiree of a pension or
retirement system covering the uniformed corrections force of the New
York city department of corrections; (iii) a retiree of a pension or
retirement system covering a county sheriff's department (outside of the
city of New York); (iv) a retired deputy sheriff member of the New York
city employees' retirement system; (v) a retired member of the New York
city employees' retirement system who was an employee of the city of New
York or the New York city health and hospitals corporation in a title
whose duties are those of an emergency medical technician or advanced
emergency medical technician (as those terms are defined in section
three thousand one of the public health law) or in a title whose duties
require the supervision of employees whose duties are those of an
emergency medical technician or advanced emergency medical technician
(as those terms are defined in section three thousand one of the public
health law); or (vi) a retired bridge and tunnel member of the New York
city employees' retirement system, who: (1) has met the criteria of
subdivision g of section sixty-three of the retirement and social
security law, subdivision g of section three hundred sixty-three of the
retirement and social security law, subdivision h of section three
hundred sixty-three-bb of the retirement and social security law,
subdivision g of section five hundred seven of the retirement and social
security law, subdivision c of section five hundred seven-c of the

retirement and social security law, subdivision h of section five
hundred fifty-six of the retirement and social security law, subdivision
h of section six hundred five of the retirement and social security law,
subdivision h of section six hundred five-a of the retirement and social
security law, subdivision d of section six hundred five-b of the
retirement and social security law as added by chapter five hundred four
of the laws of two thousand two, subdivision b of section six hundred
five-c of the retirement and social security law, subdivision c of
section six hundred seven-b of the retirement and social security law,
subdivision one of section 13-252.1 of the administrative code of the
city of New York, subdivision one of section 13-353.1 of the
administrative code of the city of New York, or subdivision b of section
13-168 of the administrative code of the city of New York, or would have
met the criteria if not already retired on an accidental disability; and
(2) has not been retired for more than twenty-five years; and (3) dies
from a qualifying condition or impairment of health, as defined in each
of the foregoing subdivisions, that is determined by the applicable head
of the retirement system or applicable medical board to have been caused
by such retiree's participation in the World Trade Center rescue,
recovery or cleanup operations, then unless the contrary be proven by
competent evidence, such retiree shall be deemed to have died as a
natural and proximate result of an accident sustained in the performance
of duty and not as a result of willful negligence on his or her part.
Upon such determination, the eligible beneficiary of such retiree, as
defined in either section sixty-one, five hundred one or six hundred one
of the retirement and social security law or section 13-149, 13-244, or
13-347 of the administrative code of the city of New York shall be
entitled to a special accidental death benefit as provided by this
section, payable in accordance with subdivisions b, c and d of this
section, however, for the purposes of determining the salary base upon
which the special accidental death benefit is calculated, the retiree
shall be deemed to have died on the date of his or her retirement. In no
event shall the special accidental death benefit be paid unless a
written application is made by the eligible beneficiary of such retiree
to the head of the applicable retirement system requesting conversion of
the retiree's service or disability benefit to an accidental death
benefit and upon the approval of said application. At the time of such
conversion, the eligible beneficiary shall relinquish all rights to the
prospective benefits under the service or disability retirement benefit,
including any post-retirement death benefits, since the retiree's death.
If the eligible beneficiary is not the only beneficiary receiving or
entitled to receive a benefit under the service or disability retirement
benefit (including, but not limited to, post-retirement death benefits
or benefits paid or payable pursuant to the retiree's option selection),
the special accidental death benefit payments to the eligible
beneficiary will be reduced by any amounts paid or payable to any other
beneficiary.

j. In the case of a deceased member who died prior to the effective
date of this subdivision, the payment of the benefit to the deceased
member's parents shall commence on the effective date of this
subdivision, provided, however that the benefit amount shall be deemed
to have been subject to annual increases pursuant to subdivision b of
this section and escalation pursuant to subdivision c of this section,
from the date of such member's death.

k. In the case of a deceased county member who died prior to the
effective date of this subdivision, the payment of the benefit to the
deceased member's beneficiaries pursuant to subdivision f of this
section, shall commence on the effective date of this subdivision,

provided, however that the benefit amount shall be deemed to have been
subject to annual increases pursuant to subdivision b of this section
and escalation pursuant to subdivision c of this section, from the date
of such member's death.

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