Bill Text: NY A01324 | 2021-2022 | General Assembly | Amended

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Bill Title: Provides total disability benefits for volunteer firefighters and volunteer ambulance workers for injuries sustained on or after July 1, 2021.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Passed) 2021-10-29 - signed chap.523 [A01324 Detail]

Download: New_York-2021-A01324-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1324--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 8, 2021
                                       ___________

        Introduced  by  M.  of  A. MAGNARELLI, GUNTHER, WOERNER, WALLACE, GALEF,
          BRONSON, STECK, BUTTENSCHON, GRIFFIN,  STIRPE,  ZEBROWSKI,  HUNTER  --
          Multi-Sponsored  by  -- M. of A. ENGLEBRIGHT -- read once and referred
          to the Committee on Local Governments --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
          teer  ambulance workers' benefit law, in relation to increasing tempo-
          rary total disability benefits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  9 of the volunteer firefighters' benefit law, as
     2  amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
     3  follows:
     4    § 9. Temporary  total  disability  benefits.  In the case of temporary
     5  total disability the volunteer firefighter shall  be  paid  one  hundred
     6  twenty-five  dollars  for  each  week  during  the  continuance thereof;
     7  provided, however, that when the volunteer firefighter is injured in the
     8  line of duty on or after July first, nineteen hundred  seventy-eight  to
     9  December  thirty-first, nineteen hundred seventy-eight, said firefighter
    10  shall receive one hundred eighty dollars per week during the continuance
    11  thereof; and further provided, that when the  volunteer  firefighter  is
    12  injured  in the line of duty on or after January first, nineteen hundred
    13  seventy-nine to June  thirtieth,  nineteen  hundred  eighty-three,  said
    14  firefighter  shall  receive  two hundred fifteen dollars per week during
    15  the continuance thereof; and further provided, that when  the  volunteer
    16  firefighter is injured in the line of duty on or after July first, nine-
    17  teen  hundred  eighty-three  to June thirtieth, nineteen hundred eighty-
    18  four, said firefighter shall receive two hundred fifty-five dollars  per
    19  week during the continuance thereof; and further provided, that when the
    20  volunteer  firefighter  is  injured in the line of duty on or after July

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01777-02-1
        A. 1324--A                          2

     1  first, nineteen hundred eighty-four to June thirtieth, nineteen  hundred
     2  eighty-five,  said  firefighter  shall  receive two hundred seventy-five
     3  dollars per week during the continuance thereof; and  further  provided,
     4  that when the volunteer firefighter is injured in the line of duty on or
     5  after  July first, nineteen hundred eighty-five to June thirtieth, nine-
     6  teen hundred  ninety,  said  firefighter  shall  receive  three  hundred
     7  dollars  per  week during the continuance thereof; and further provided,
     8  that when the volunteer firefighter is injured in the line of duty on or
     9  after July first, nineteen hundred ninety to  June  thirtieth,  nineteen
    10  hundred  ninety-one,  said firefighter shall receive three hundred forty
    11  dollars per week during the continuance thereof; and  further  provided,
    12  that  when  a volunteer firefighter is injured in the line of duty on or
    13  after July first, nineteen hundred ninety-one to June  thirtieth,  nine-
    14  teen  hundred  ninety-two,  said firefighter shall receive three hundred
    15  fifty dollars per week  during  the  continuance  thereof;  and  further
    16  provided,  that  when  a volunteer firefighter is injured in the line of
    17  duty on or after July first, nineteen hundred ninety-two to June thirti-
    18  eth, two  thousand  twenty-one,  said  firefighter  shall  receive  four
    19  hundred  dollars  per  week  during the continuance thereof; and further
    20  provided, that when a volunteer firefighter is injured in  the  line  of
    21  duty  on  or after July first, two thousand twenty-one, said firefighter
    22  shall receive six hundred fifty dollars per week during the  continuance
    23  thereof. Temporary total disability, within the meaning of this section,
    24  shall  exist  only  if the earning capacity of the volunteer firefighter
    25  has been lost temporarily and totally as the result of  the  injury.  In
    26  case of temporary total disability and permanent partial disability both
    27  resulting  from  the  same  injury,  if  the  temporary total disability
    28  continues for a longer period than the number of weeks set forth in  the
    29  following  schedule,  the period of temporary total disability in excess
    30  of such number of weeks shall be added to the period provided in section
    31  ten of this article: arm, thirty-two  weeks;  leg,  forty  weeks;  hand,
    32  thirty-two  weeks;  foot, thirty-two weeks; ear, twenty-five weeks; eye,
    33  twenty weeks; thumb, twenty-four weeks; first  finger,  eighteen  weeks;
    34  great  toe,  twelve  weeks;  second  finger, twelve weeks; third finger,
    35  eight weeks; fourth finger, eight weeks; toe other than great toe, eight
    36  weeks. In any case resulting in loss or partial loss of use of arm, leg,
    37  hand, foot, ear, eye, thumb, finger or toe, where  the  temporary  total
    38  disability  does  not extend beyond the periods above mentioned for such
    39  injury, benefits shall be limited to the schedule contained  in  section
    40  ten of this article.
    41    §  2.  Section  9  of the volunteer ambulance workers' benefit law, as
    42  amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
    43  follows:
    44    § 9. Temporary  total  disability  benefits.  In the case of temporary
    45  total disability the volunteer ambulance  worker  shall  be  paid  three
    46  hundred  dollars for each week during the continuance thereof; provided,
    47  however, that when the volunteer ambulance worker is injured in the line
    48  of duty on or after the effective date of this chapter to  June  thirti-
    49  eth,  nineteen hundred ninety; further provided, that when the volunteer
    50  ambulance worker is injured in the line of duty on or after July  first,
    51  nineteen  hundred ninety to June thirtieth, nineteen hundred ninety-one,
    52  said ambulance worker shall receive three hundred forty dollars per week
    53  during the continuance thereof, and further provided, that when a volun-
    54  teer ambulance worker is injured in the line of duty on  or  after  July
    55  first,  nineteen  hundred ninety-one to June thirtieth, nineteen hundred
    56  ninety-two, said ambulance worker  shall  receive  three  hundred  fifty
        A. 1324--A                          3

     1  dollars  per  week during the continuance thereof; provided further that
     2  when a volunteer ambulance worker is injured in the line of duty  on  or
     3  after  July  first,  nineteen  hundred ninety-two to June thirtieth, two
     4  thousand  twenty-one,  such  ambulance worker shall be paid four hundred
     5  dollars for each week during the continuance thereof;  provided  further
     6  that when a volunteer ambulance worker is injured in the line of duty on
     7  or after July first, two thousand twenty-one such ambulance worker shall
     8  be  paid  six hundred fifty dollars for each week during the continuance
     9  thereof. Temporary total disability, within the meaning of this section,
    10  shall exist only if the earning  capacity  of  the  volunteer  ambulance
    11  worker  has been lost temporarily and totally as the result of the inju-
    12  ry. In case of temporary total disability and permanent partial disabil-
    13  ity both resulting from the same injury, if the temporary total disabil-
    14  ity continues for a longer period than the number of weeks set forth  in
    15  the  following  schedule,  the  period  of temporary total disability in
    16  excess of such number of weeks shall be added to the period provided  in
    17  section  ten  of  this chapter: arm, thirty-two weeks; leg, forty weeks;
    18  hand, thirty-two weeks; foot, thirty-two weeks; ear, twenty-five  weeks;
    19  eye,  twenty  weeks;  thumb,  twenty-four  weeks; first finger, eighteen
    20  weeks; great toe, twelve  weeks;  second  finger,  twelve  weeks;  third
    21  finger,  eight  weeks,  fourth finger, eight weeks; toe other than great
    22  toe, eight weeks. In any case resulting in loss or partial loss  of  use
    23  of  arm,  leg,  hand,  foot,  ear,  eye, thumb, finger or toe, where the
    24  temporary total disability does not  extend  beyond  the  periods  above
    25  mentioned  for  such  injury,  benefits shall be limited to the schedule
    26  contained in section ten of this chapter.
    27    § 3. This act shall take effect immediately and shall apply to  weekly
    28  benefit periods that commence after July 1, 2022.