STATE OF NEW YORK
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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.