Eligibility Determination and Application Form.

(a) Each police officer, upon beginning employment with a law enforcement unit, shall file a Beneficiary Form with such unit's human resources department. This form shall remain in effect until the officer submits a superseding form which shall then take precedence. (b) The members of the surviving family of a police officer who was killed in the line of duty shall be eligible to receive benefits from the Fallen Officer Fund. (c) An individual who is a member of the surviving family of a police officer who was killed in the line of duty shall complete a Benefit Application Form pursuant to such form’s instructions and submit the form to the employing law enforcement unit. The employing law enforcement unit shall fill out sections certifying the existence or absence of a Beneficiary Form for the officer. The employing law enforcement unit shall submit the completed application along with either the Beneficiary Form, or in its absence the Departmental Review Form, along with the Benefit Application Form to the State Comptroller’s Office in accordance with the forms’ instructions. (d) After receiving the Beneficiary Form or Departmental Review Form, the Comptroller shall evaluate the completed application and determine (1) the applicant’s relationship to the police officer listed on the application, (2) whether the named police officer’s cause of death is eligible, (3) if any additional persons might be entitled to benefits for the named police officer, and (4) the total disbursement due to any identified and eligible recipients. This determination shall be based on information obtained by the Comptroller’s office during a review of the application, as well as any information provided by the applicant, or any additional information provided at the request of the Comptroller. The Comptroller shall approve or deny the application and notify the applicant in writing of such determination not later than sixty (60) business days after having received the application, or, if the Comptroller has requested additional information, not later than ten (10) business days after receiving such additional information. (e) Not later than sixty (60) days after denial of an application, the applicant may appeal such denial by submitting to the Comptroller a written appeal request and any additional or supplemental documentation required by the Comptroller. The Comptroller shall make a final determination, and provide the applicant with a written summary disclosing the final determination, not later than fifteen (15) days after the Comptroller receives such additional or supplemental documentation. (f) (1) Upon approving an application, the Comptroller shall pay, within available appropriations, a lump sum death benefit of one hundred thousand dollars ($100,000) from the Fallen Officer Fund to the surviving family of a police officer who was killed in the line of duty, provided the surviving family shall not receive more than one such lump sum death benefit for such officer’s death. In the absence of a Beneficiary Form, the Departmental Review Form shall be used to assist the Comptroller in identifying surviving family members. (2) Starting with Tier 1 specified in subparagraph (A) of this subdivision, the Comptroller shall determine if one or more surviving family members are classified within said tier. If one or more surviving family members are classified within said tier, then equal payments, the sum of which shall equal one hundred thousand dollars ($100,000), shall be made to all surviving family members classified within said tier, and no other tier specified in subparagraphs (B) to (F), inclusive, of this subdivision shall receive a benefit. If no surviving family members are classified within said tier then the Comptroller shall proceed to Tier 2 specified in subparagraph (B) of this subdivision and perform a similar assessment to determine if one or more surviving family members are classified within said tier. This determination process shall continue through Tier 6 specified in subparagraph (F) of this subdivision until a tier contains one or more surviving family members. Only the first tier containing one or more surviving family members shall receive a benefit. If no tier specified in subparagraphs (A) to (F), inclusive, of this subdivision contains one or more surviving family members, then no benefit shall be disbursed. (A) Tier 1 – Spouse living with dependent child or children (B) Tier 2 – Dependent child or children (C) Tier 3 – Designated beneficiary or beneficiaries (D) Tier 4 – Spouse (E) Tier 5 – Children (F) Tier 6 – Parents (g) Payments made pursuant to subsection (f) of this section shall be made to surviving families in the order in which applications are received, within available appropriations and on a first-come, first-served basis until the Fallen Officer Fund is depleted. (h) Applications that are approved for payment after the Fallen Officer Fund has been depleted shall be held on file with the Comptroller. Upon legislative approval of additional appropriations to the Fallen Officer Fund, previously held applications shall be processed in the order in which they were received, and upon approval, paid out in that order.