Legal

N.Y. Police and Fire Widows’ & Children’s Benefit Fund Line of Duty Death Policy

It is the purpose of the N.Y. Police and Fire Widows’ & Children’s Benefit Fund. Inc. (the “Benefit Fund”)  to expend, contribute, disburse and otherwise dispose of its money, income and other property to aid survivors of New York police and fire personnel who are killed in the line of duty.

The term “Department” means the New York City Police Department, New York City Fire Department (including emergency medical services (“EMS”)) and Port Authority of New York & New Jersey, as applicable.

The term “Officer” means (i) a police officer employed by the New York City Police Department, (ii) a firefighter or EMS technician employed by New York City Fire Department and (iii) a police officer employed by the Port Authority of New York & New Jersey, as applicable.

The term “line of duty” means any action which an Officer, while an active member of a Department, is obligated or authorized by law, rule, regulation, written condition of employment service to perform, or for which such Officer is compensated by such Department.

The term “killed in the line of duty” means, an Officer has died within six months after, and as a direct result of, a personal injury event sustained in the line of duty.  Deaths attributed to medical conditions like heart attacks or cancer generally are not included.  An example of an exception is a heart attack which occurs during, or in the immediate aftermath of, physical exertion required by any action which an Officer is taking while in the line of duty.

In determining whether an Officer was killed in the line of duty as recognized by the Benefit Fund, at a minimum the Benefit Fund requires (i) evidence that such Officer is eligible for inclusion on the applicable Department’s “wall of honor” and (ii) certification from the union associated with such Department that such union has declared the Officer’s death a line of duty death as recognized by such union.

Deaths that are covered by the Benefit Fund generally include, without limitation:

  1. a police officer is shot and killed while pursuing a suspect;
  2. a firefighter is killed by flames while fighting a fire;
  3. a police officer dies of a heart attack while pursuing a suspect.

Deaths that are not covered by the Benefit Fund generally include, without limitation:

  1. a police officer or firefighter dies of cancer;
  2. a police officer or firefighter dies of a heart attack while on vacation;
  3. a retired police officer or firefighter dies while performing the duties of an active police officer or firefighter, respectively;
  4. a police officer or firefighter dies of natural causes;
  5. a police officer or firefighter commits suicide.

This policy serves as a guideline by which the Board of the Benefit Fund determines whether an Officer has been killed in the line of duty.  It is in the exclusive, non-reviewable discretion of the Benefit Fund to determine whether an Officer has been killed in the line of duty as recognized by the Benefit Fund.

N.Y. Police and Fire Widows’ & Children’s Benefit Fund Compliant Procedure and Whistleblower Protection Policy

All directors, officers, employees, committee members, volunteers or consultants are expected to act in accordance with all applicable laws and regulations, and with the policies of the N.Y. Police and Fire Widows’ & Children’s Benefit Fund, Inc. (the “Organization”) at all times, and to assist in ensuring that the Organization conducts its business and affairs accordingly.

Any director, officer, employee, committee member, volunteer or consultant who has engaged in, or who reasonably believes or suspects any other director, officer, employee, committee member, volunteer, or consultant of engaging in, any violation of the law, regulations, ethical rules, executive orders, judicial or administrative decisions, rulings or orders, or any policy of the Organization or posing a danger to public health and safety must report such activity as soon as possible.  Such activity may include, but is not limited to, financial wrongdoing (including circumvention of internal controls or violation of the accounting policies of the Organization), fraud, discrimination, harassment, sharing or misuse of confidential information, or any other illegal or unethical conduct.

Reports must be made by writing to the Chair of the Audit Committee (atc.auditcommittee@gmail.com), or to their supervisor or to the President, where appropriate.  Any person receiving such a report must promptly refer it to the Chair of the Audit Committee.  Reports may be made anonymously.  All reports will be addressed and handled as appropriate, and in a timely and sensitive manner by the Chair of the Board of Directors and the President of the Organization, who shall report to the Audit Committee.  Where appropriate or necessary, the Audit Committee may seek specialized support, including the retention of outside advisors or counsel to address concerns raised pursuant to this policy.  Confidentiality will be maintained throughout any inquiry or investigation to the extent reasonable and practicable under the circumstances, and consistent with appropriate investigative and corrective action. While we encourage you to seek to address concerns through the methods provided in this policy or in any other agreement or policy of the Organization, nothing herein prohibits or interferes with employees’ ability, without notice to or authorization of the Organization, to communicate in good faith with any governmental agency for the purpose of reporting a possible violation of law, or to participate in any investigation or proceeding that may be conducted by any governmental agency, including providing documents or other information.

Any person who is the subject of a whistleblower complaint shall not be present at or participate in any deliberations or vote on the matter relating to such complaint except for purposes of gathering background information or answering questions at a committee or board meeting prior to the commencement of deliberations or voting.  Any member of the Board of Directors that is also an employee of the Organization shall not participate in any board or committee deliberations or voting relating to the administration of this whistleblower policy.

There will be no adverse employment or other action, intimidation, harassment, discrimination, or other retaliation against any individual who in good faith reports a suspected violation or assists in an investigation.

Intimidation, coercion, threats, harassment, or discrimination against any individual who reports suspected wrongdoing is prohibited and individuals who engage in such conduct will be subject to appropriate disciplinary action, which may include immediate termination.

This policy shall be published on the Organization’s website and distributed to all directors, officers, employees, committee members and consultants of the Organization, as well as volunteers who provide substantial services to the Organization.

Notice to Contributors

Many states require charities who solicit funds from the public to register with the state agency regulating charities.  Although our annual financial report is always sent free to anyone requesting a copy, certain states require us to advise you that a copy of our annual financial report is also available from them.  If you desire a copy of our annual financial report you may write to:

N.Y Police and Fire Widows’ and Children’s Benefit Fund
4 World Trade Center, 29th Floor
150 Greenwich Street
New York, NY 10007
Office:  646-731-9630
info@answerthecall.org

NOTICE TO NEW YORK RESIDENTS: A COPY OF THE N.Y. POLICE AND FIRE WIDOWS’ & CHILDREN’S BENEFIT FUND, INC.’S LATEST ANNUAL REPORT MAY BE OBTAINED, UPON REQUEST, FROM THE N.Y. POLICE AND FIRE WIDOWS’ & CHILDREN’S BENEFIT FUND, INC. OR FROM THE NEW YORK STATE ATTORNEY GENERAL’S CHARITIES BUREAU, ATTN: FOIL OFFICER, 120 BROADWAY, NEW YORK, NEW YORK 10271.

NOTICE TO FLORIDA RESIDENTS: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE, 1(800) 435-7352, WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.

NOTICE TO MARYLAND RESIDENTS:  A COPY OF THE CURRENT FINANCIAL STATEMENT OF THE N.Y. POLICE AND FIRE WIDOWS’ AND CHILDREN’S BENEFIT FUND, INC. IS AVAILABLE BY WRITING TO THE BENEFIT FUND AT 156 W 56TH ST, SUITE 901, NEW YORK, NY 10019 OR BY CALLING 646-731-9630.  DOCUMENTS AND INFORMATION SUBMITTED UNDER THE MARYLAND SOLICITATIONS ACT ARE ALSO AVAILABLE, FOR THE COST OF POSTAGE AND COPIES, FROM THE MARYLAND SECRETARY OF STATE, STATE HOUSE, ANNAPOLIS, MD 21404, (410) 974-5534.

NOTICE TO NEW JERSEY RESIDENTS:  INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT http://www.njconsumeraffairs.gov/ocp/charities.htm.  REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.

NOTICE TO PENNSYLVANIA RESIDENTS:  THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION OF THE N.Y. POLICE AND FIRE WIDOWS’ & CHILDREN’S BENEFIT FUND, INC. MAY BE OBTAINED FROM THE PENNSYLVANIA DEPARTMENT OF STATE BY CALLING TOLL FREE, WITHIN PENNSYLVANIA, (800) 732-0999.  REGISTRATION DOES NOT IMPLY ENDORSEMENT.