[Adopted 5-12-1980 as Ch.
33 of the 1980 Code]
Notwithstanding any other provision of law and in addition to any benefits
otherwise provided, death benefits may be payable on the death of a regular
member of the Police Department or Fire Department of the City of Oswego,
New York, if, upon application therefor, the Mayor of the city shall determine
on the basis of the evidence that such member:
A. Died within one (1) 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.
B. Did not cause such accident by his own willful negligence.
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.
B. One thousand dollars ($1,000.) for each child of such
member under eighteen (18) on the date of the member's death.
The death benefit shall be paid to 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 §
7-2 hereof, then to his child or children under age eighteen (18), in equal amounts.
Application for death benefits shall be made by:
C. Any person on behalf of the widow or children.
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 (30) days after the death of the member;
provided, however, that failure to file the application within thirty (30)
days may be excused on petition to and order of a Justice of the Supreme Court
having jurisdiction, upon a showing that:
(1) A sufficient reason exists why such notice was not given.
(2) A report or other notice was made or given to the department
or force of the injuries within the thirty-day period.
(3) The municipality has not been prejudiced by the delay
in giving the notice.
[Adopted 3-9-1987 by (Ch.
33A of the 1980 Code)]
The Council hereby authorizes the establishment of a deferred compensation
plan pursuant to § 457 of the Internal Revenue Code for all city
employees, including elected or appointed officers.
The Council hereby adopts for use by the city the modeled deferred compensation
plan which is on file with the City Clerk.
The Council hereby establishes a Deferred Compensation Board to make
appropriate decisions as deemed necessary, whose Chairman shall be the Personnel
Director.
The Hartford Variable Annuity Company shall serve as the Service Administrator
and Investment Manager for the deferred compensation plan. This program shall
be initiated by authorized staff. It is agreed that the Hartford Variable
Annuity Company will perform such functions provided for an initial three-year
period. The agreement shall contain such conditions and terms as the Mayor
deems to be appropriate.