Bill Text: NY A03194 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to permanent total disability benefits received by disabled volunteer firefighters; provides for a cost-of-living adjustment to such benefits.
Spectrum: Partisan Bill (Democrat 21-1)
Status: (Introduced - Dead) 2012-01-24 - print number 3194a [A03194 Detail]
Download: New_York-2011-A03194-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3194 2011-2012 Regular Sessions I N A S S E M B L Y January 24, 2011 ___________ Introduced by M. of A. MORELLE, ORTIZ, ZEBROWSKI, SCHROEDER, GALEF, SWEENEY -- Multi-Sponsored by -- M. of A. BOYLAND, CLARK, COLTON, DESTITO, GUNTHER, LIFTON, LUPARDO, MARKEY, McENENY, MILLMAN, MOLINARO, PHEFFER, RAMOS, REILLY, SCHIMMINGER, TOWNS, WEISENBERG, WRIGHT -- read once and referred to the Committee on Local Governments AN ACT to amend the volunteer firefighters' benefit law, in relation to the payment of benefits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 8 of the volunteer firefighters' benefit law, as 2 amended by chapter 574 of the laws of 1998, is amended to read as 3 follows: 4 S 8. Permanent total disability benefits. 1. In the case of total 5 disability adjudged to be permanent the volunteer firefighter shall be 6 paid four hundred dollars for each week [during the continuance there- 7 of]. Permanent total disability, within the meaning of this section, 8 shall exist only if the earning capacity of the volunteer firefighter 9 has been lost permanently and totally as the result of the injury. The 10 loss of both hands, or both arms, or both feet, or both legs, or both 11 eyes, or any two thereof, shall, in the absence of conclusive proof to 12 the contrary, constitute permanent total disability, but in all other 13 cases permanent total disability shall be determined in accordance with 14 the facts. Notwithstanding any other provisions of this chapter, an 15 injured volunteer firefighter disabled due to the loss or total loss of 16 use of both eyes, or both hands, or both arms, or both feet, or both 17 legs, or any two thereof shall not suffer any diminution of such weekly 18 benefit by engaging in business or employment provided his or her weekly 19 earnings or wages, when combined with his or her weekly benefit shall 20 not be in excess of six hundred dollars; and further provided that the 21 application of this section shall not result in reduction of benefits 22 which an injured volunteer firefighter who is disabled due to the loss EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05367-01-1 A. 3194 2 1 or total loss of use of both eyes, or both hands, or both arms, or both 2 feet, or both legs, or any two thereof would otherwise be entitled to 3 under any other provisions of this article. 4 2. BENEFITS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AFTER 5 JANUARY FIRST, TWO THOUSAND TWELVE SHALL BE ADJUSTED YEARLY ON FEBRUARY 6 FIRST BY A PERCENTAGE EQUAL TO THE PERCENT INCREASE IN THE PREVIOUS 7 YEAR'S CONSUMER PRICE INDEX. 8 S 2. Subdivision 5 of section 51 of the volunteer firefighters' bene- 9 fit law, as renumbered by chapter 246 of the laws of 2006, is renumbered 10 subdivision 6 and a new subdivision 5 is added to read as follows: 11 5. THE INSURANCE CARRIER OR ENTITY RESPONSIBLE FOR PAYING THE BENEFIT 12 INCREASE PROVIDED IN SECTION EIGHT OF THIS CHAPTER SHALL CLAIM FOR SUCH 13 BENEFIT INCREASE REIMBURSEMENT FROM THE SPECIAL FUND FOR REOPENED CASES 14 COMMENCING ONE YEAR FROM THE DATE OF THE FIRST SUCH PAYMENT AND ANNUALLY 15 THEREAFTER WHILE SUCH PAYMENTS CONTINUE, ON A FORM PRESCRIBED BY THE 16 CHAIR. 17 S 3. This act shall take effect immediately and shall apply to weekly 18 benefit periods that commence after January 1, 2012.