1. Notwithstanding any other provision of law, and in addition to any benefits otherwise provided, any municipality, as enumerated in section two hundred eight-b of this chapter, may elect to make the death benefit provided thereunder available and paid to the dependent father or dependent mother, as he shall have nominated by written designation duly acknowledged and filed with the chief officer of the municipality maintaining such police department, or police force, or fire department; or, if there be no such nomination, then to his dependent father or dependent mother, as such chief officer, in his discretion, shall determine if (a) The member shall leave no widow, or if his widow shall die before receiving the total of the amounts provided in subdivision two of section two hundred eight-b of this chapter, and (b) He has no child or children under the age of eighteen surviving. 2. Application for such death benefit shall be made by the member's dependent father or dependent mother in the manner provided in subdivision four of section two hundred eight-b of this n surviving. 2. Application for such death benefit shall be made by the member's dependent father or dependent mother in the manner provided in subdivision four of section two hundred eight-b of this chapter.
New York Legal Code