City of Oswego, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Oswego: Art. I, 5-12-1980 as Ch. 33 of the 1980 Code; Art. II, 3-9-1987 (Ch. 33A of the 1980 Code). Amendments noted where applicable.]
Code of Ethics — See Ch. 15.
[Adopted 5-12-1980 as Ch. 33 of the 1980 Code]

§ 7-1 Conditions for eligibility.

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:
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.
Did not cause such accident by his own willful negligence.

§ 7-2 Amount.

The death benefit shall be paid by the municipality upon the allowance of the claim therefor and shall consist of:
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.
One thousand dollars ($1,000.) for each child of such member under eighteen (18) on the date of the member's death.

§ 7-3 Recipients.

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.

§ 7-4 Persons eligible to apply.

Application for death benefits shall be made by:
The member's widow.
Any of his children.
Any person on behalf of the widow or children.

§ 7-5 Method of applying.

Application for death benefit shall be made:
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.
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:
A sufficient reason exists why such notice was not given.
A report or other notice was made or given to the department or force of the injuries within the thirty-day period.
The municipality has not been prejudiced by the delay in giving the notice.

§ 7-6 Conditions for payment to parents.

The city may elect to make the death benefit available to the dependent father or dependent mother, as the member shall have nominated by written designation duly acknowledged and filed with the Mayor, or, if there be no nomination, then to his dependent father or dependent mother, if the Mayor in his discretion shall determine that the member:
Shall leave no widow or his widow shall die before receiving the total of the amounts provided in Subdivision 2 of § 208-b of the General Municipal Law.
Has no child or children under eighteen (18) surviving.
Application for such death benefit shall be made by the member's dependent father or dependent mother in the manner provided in § 208-b of the General Municipal Law.
[Adopted 3-9-1987 by (Ch. 33A of the 1980 Code)]

§ 7-7 Establishment.

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.

§ 7-8 Adoption of modeled plan.

The Council hereby adopts for use by the city the modeled deferred compensation plan which is on file with the City Clerk.

§ 7-9 Establishment of Board.

The Council hereby establishes a Deferred Compensation Board to make appropriate decisions as deemed necessary, whose Chairman shall be the Personnel Director.

§ 7-10 Service Administrator and Investment Manager.

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.