Section 3-401
§ 3-401 Awards to spouses of killed firefighters, police officers and
transit police officers. The mayor is authorized and empowered to make
an award to the spouse or domestic partner of a member of the uniformed
force of the police department, fire department or uniformed transit
police force, maintained by the New York city transit authority, killed
while engaged in the discharge of duty. Such award shall equal the
annual salary of such member at the time of death, but in no case less
than the full salary payable to a first grade police officer,
firefighter or transit police officer at the date of death of such
employee.
In case there shall be no spouse or domestic partner surviving such
member, the award shall be made to the minor child or children surviving
such member. In case there shall be no spouse or domestic partner nor
child nor children so surviving the award may be made to the dependent
mother, father, or other dependents of such member. Such award shall be
made in one payment as soon after the death of such member as may be
possible and shall be in addition to any pension, award or other
allowances authorized by law.
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 been killed while engaged in the
discharge of duty upon which his or her membership is based, 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.
Section 3-402
§ 3-402 Awards to surviving spouses and domestic partners of members
of the uniformed correctional and sanitation forces. The mayor is hereby
authorized and empowered to make an award to the surviving spouse or
domestic partner of a member of the uniformed correctional force or the
uniformed sanitation force, employed by the department of correction in
any prison or jail under control of the city, or any county within the
city, or employed by the department of sanitation, who has been or
hereafter shall be killed while engaged in the discharge of duty. Such
award shall be fixed in the discretion of the mayor. In case there be no
surviving spouse or domestic partner surviving the decedent, such award
shall be made to the minor child or children surviving the decedent.
Such award shall be paid in one payment as soon after the death of such
member of the uniformed correctional or sanitation force as may be
possible and shall be in addition to any pension, award or other
allowance authorized by law.
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 been killed while engaged in the
discharge of duty upon which his or her membership is based, 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.
Section 3-403
§ 3-403 Awards to survivors of certain civilian members of the police
department.
a. Awards to spouses and domestic partners of school crossing guards.
The mayor is hereby authorized and empowered to make an award to the
spouse or domestic partner of a school crossing guard, appointed as such
by the police commissioner pursuant to the provisions of section 14-118
of this code, who has been or hereafter shall be killed while engaged in
the discharge of duty. Such award shall equal the annual compensation
earnable by a school crossing guard as provided for in the budget for
the fiscal year in which death occurs. In case there is no spouse or
domestic partner surviving the decedent, such award shall be made to the
minor child or children surviving such decedent. Such award shall be
paid in one payment as soon after the death of such school crossing
guard as may be possible and shall be in addition to any pension, award,
or other allowance authorized by law.
Notwithstanding any other provision of law to the contrary, and solely
for the purposes of this subdivision, a member otherwise covered by this
subdivision shall be deemed to have been killed while engaged in the
discharge of duty upon which his or her membership is based, 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.
b. Awards to spouses and domestic partners of prevailing rate
employees. The mayor is hereby authorized and empowered to make an
award to the spouse or domestic partner of a prevailing rate employee,
appointed as such by the police commissioner, who has been killed while
engaged in the discharge of duty on or after October first, nineteen
hundred and ninety-eight and before August first, nineteen hundred and
ninety-nine. Such award shall equal the annual compensation earnable by
a person holding such prevailing rate title as provided for in the
budget for the fiscal year in which death occurs. In case there is no
spouse or domestic partner surviving the decedent, such award shall be
made to the minor child or children surviving such decedent. Such award
shall be paid in one payment as soon after the death of such prevailing
rate employee as may be possible and shall be in addition to any
pension, award, or other allowance authorized by law.
Section 3-404
§ 3-404 Awards to spouses and domestic partners of officers or
employees of the city. The mayor is hereby empowered to make an award to
the spouse or domestic partner of any officer or employee of the city
who was heretofore or shall hereafter be killed while engaged in the
discharge of duty and who, at the time of death, was not or shall not
have been a member of a retirement system or pension fund maintained by
the city or supported in whole or in part by city funds. Such award
shall equal the annual compensation earnable by such officer or employee
as provided by law or in the budget for the fiscal year in which death
occurs.
In case there shall be no spouse or domestic partner surviving the
decedent, the award shall be made to the minor child or children of such
decedent. In case there shall be no spouse, domestic partner, or child
or children so surviving, the award shall be made to the dependent
mother, father, or other dependents of such decedent. Such award shall
be paid in one payment as soon after the death of such officer or
employee as may be possible.
Section 3-405
§ 3-405 Awards for death or injuries received by persons other than
peace officers while attempting to prevent the commission of a crime,
preserve the peace or prevent public disturbances. Direct action on the
part of private citizens in preventing crimes against the person or
property of others, preserving the peace or preventing public
disturbances, benefits the entire public. The mayor is hereby authorized
and empowered to make an award for the death of or injury to any person
or persons, other than police officers or peace officers, which has been
or shall hereafter be caused in attempting to prevent the commission of
a crime against the person or property of another, preserve the peace or
prevent public disturbances. Such award shall be fixed in the discretion
of the mayor as a matter of grace and not as a matter of right, and
shall, in the case of personal injuries, be based upon the medical
expenses and loss of earnings incurred by such person injured while
attempting to prevent the commission of a crime, preserve the peace or
prevent public disturbances. In the case of the death of such person,
such award shall be made to the surviving spouse or domestic partner,
child or other dependent of such person; and the award may be in a
single payment, or may be made in periodic payments under provisions
similar to those set forth in section 13-244 of this code, which
periodic payments may be in an amount not to exceed the amounts payable
pursuant to such section as a pension to the surviving spouse or
domestic partner, child or other dependent, as the case may be, of a
deceased first-grade police officer. Petitions for an award hereunder
must be presented to the mayor within six months after the happening of
the occurrence which resulted in such injury or death. Before the mayor
shall make such payment, he or she shall require the claimant to execute
and deliver an assignment to the city, in such form as shall be approved
by the corporation counsel, of an amount equal to the payments made or
to be made by the city, payable out of the proceeds of any recovery,
whether by judgment, settlement or otherwise, against the city or any
person or any public or private corporation alleged to have been
responsible for said death or injuries.
Section 3-406
§ 3-406 Leases for public purposes. All applications to lease any real
property for the purposes of the city or any of the counties therein,
including the premises required in accordance with law for armories and
drill rooms and places of deposit for the safekeeping of arms, uniforms,
equipment, accoutrements and camp equipage of the national guard, must
be presented to and passed upon by the board of estimate. The board,
upon the report of the commissioner of general services, and upon such
further inquiry as such board, in its discretion, may make, may
authorize a lease of such premises as shall be specified in its
resolution, at the rent therein set forth for a period not exceeding
twenty-one years. Such lease may contain a provision for renewals
thereof at the option of the city. Such lease, however, shall not be
authorized except at a fair and reasonable rent, and unless the board is
satisfied, and shall so express, that it would be for the interest of
the city that a lease of the premises for the purposes specified should
be made. If the city, prior to the making of the lease, shall have
entered upon the possession of the property, the lease may be made to
commence as of the date when the occupation commenced.
Section 3-407
§ 3-407 Transfer of streets. The board of estimate may transfer the
jurisdiction and control of any street from one agency to another
agency.