City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[Amended 6-2-1986 by L.L. No. 3-1986]
As provided in the provisions of § 208-b of the General Municipal Law, death benefits as hereinafter specified may be made payable upon the death of a regular member of the Police Department or of the Fire Department, if, upon application therefor, the Mayor shall determine, on the basis of the evidence, that such member of the police force or of the Fire Department.
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 of force; and
B. 
Did not cause such accident by his own willful negligence.
The death benefit shall be paid by the City 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 for each child of such member under 18 on the date of the member's death.
Death benefits 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 § 87-39 hereof, then to his child or children under age 18 in equal amounts.
A. 
Application for death benefit shall be made:
(1) 
By the member's widow.
(2) 
By any of his children.
(3) 
By any person in behalf of the widow or children.
B. 
Application for death benefit shall be made:
(1) 
To the Director of Finance of the City on a form to be prescribed and supplied by him and requiring such information as he shall determine necessary.
(2) 
Within 30 days after the death of the member; provided, however, that failure to file the application within 30 days may be excused on petition to and order of a Justice of the Supreme Court having jurisdiction, upon a showing, either that:
(a) 
A sufficient reason exists why such notice was not given.
(b) 
A report or other notice was made or given to the department or force of the injuries within the thirty-day period.
(c) 
The municipality has not been prejudiced by the delay in giving the notice.