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.
