Bill Text: NY A03498 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to the continuation of death benefits to a surviving spouse regardless of remarriage.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-05-17 - print number 3498b [A03498 Detail]
Download: New_York-2015-A03498-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3498--B 2015-2016 Regular Sessions IN ASSEMBLY January 23, 2015 ___________ Introduced by M. of A. WRIGHT -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the workers' compensation law, in relation to the continuation of death benefits to a surviving spouse regardless of remarriage The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1-b, 1-c, 1-d, 2, 2-a and 2-b of section 16 of 2 the workers' compensation law, subdivisions 1-b, 1-c and 2 as amended by 3 chapter 168 of the laws of 1979, subdivision 2-a as amended by chapter 4 174 of the laws of 1981 and subdivisions 1-d and 2-b as added by chapter 5 689 of the laws of 2007, are amended and a new subdivision 2-c is added 6 to read as follows: 7 1-b. If there be a surviving spouse and no child of the deceased under 8 the age of eighteen years and no child of any age dependent blind or 9 physically disabled, and the death occurs on or after July first, nine- 10 teen hundred forty-eight, and prior to January first, nineteen hundred 11 seventy-eight, to such spouse forty per centum of the average wages of 12 the deceased [during widowhood or widowerhood with two years' compen-13sation in one sum, upon remarriage]; and where the death occurred prior 14 to July first, nineteen hundred forty-eight, to such wife (or dependent 15 husband) thirty per centum of such wages [during widowhood (or dependent16widowerhood) with two years' compensation in one sum, upon remarriage]. 17 1-c. If there be a surviving spouse and no child of the deceased under 18 the age of eighteen years or under the age of twenty-three years if 19 enrolled and attending as a full time student in an accredited educa- 20 tional institution and such enrollment and full time attendance is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04800-05-6A. 3498--B 2 1 certified by such institution and no child of any age dependent blind or 2 physically disabled, and the death occurs on or after January first, 3 nineteen hundred seventy-eight, to such spouse sixty-six and two-thirds 4 per centum of the average wages of the deceased [during widowhood or5widowerhood with two years' compensation, in one sum, upon remarriage]. 6 Where the death occurs on or after January first, nineteen hundred 7 seventy-eight, and the spouse is receiving the survivors insurance bene- 8 fits under the social security act, the death benefit payable under this 9 section shall be reduced in accordance with the provisions of table No. 10 1 below by five per centum of the spouse's share of the survivor's 11 insurance benefits under the social security act for each ten dollars of 12 deceased's average weekly wage in excess of one hundred dollars provided 13 that in no case shall such reduction exceed fifty per centum of said 14 spouse's share of the survivors insurance benefits under the social 15 security act. 16 TABLE No. I 17 Offset provisions applicable in death benefits 18 where there is a sole surviving spouse 19 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S 20 SHARE OF SURVIVORS 21 INSURANCE BENEFITS 22 over $100 up to and including $110 ................................... 5 23 over $110 up to and including $120 .................................. 10 24 over $120 up to and including $130 .................................. 15 25 over $130 up to and including $140 .................................. 20 26 over $140 up to and including $150 .................................. 25 27 over $150 up to and including $160 .................................. 30 28 over $160 up to and including $170 .................................. 35 29 over $170 up to and including $180 .................................. 40 30 over $180 up to and including $190 .................................. 45 31 over $190 up to and including $200 .................................. 50 32 over $200 ........................................................... 50 33 1-d. If there be a surviving spouse of an employee of a private volun- 34 tary hospital killed in a World Trade Center rescue, who passed a phys- 35 ical examination upon employment as a rescue worker that failed to 36 reveal evidence of a condition that was the proximate cause of death, 37 and no child of the deceased under the age of eighteen years, or under 38 the age of twenty-three years if enrolled and attending as a full-time 39 student in an accredited educational institution and such enrollment and 40 full-time attendance is certified by such institution, and no child of 41 any age dependent blind or physically disabled, to such spouse seventy- 42 five per centum of the average wages of the deceased [during widowhood43or widowerhood, with two years' compensation, in one sum, upon remar-44riage]. Where such death occurs, and the spouse is receiving the survi- 45 vors insurance benefits under the social security act, the death benefit 46 payable under this section shall be reduced in accordance with the 47 provisions of table No. I in subdivision one-c of this section by five 48 per centum of the spouse's share of the survivor's insurance benefits 49 under the social security act for each ten dollars of deceased's average 50 weekly wage in excess of one hundred dollars; provided that in no case 51 shall such reduction exceed fifty per centum of such spouse's share of 52 the survivors insurance benefits under the social security act.A. 3498--B 3 1 2. If there be a surviving spouse and a surviving child or children of 2 the deceased under the age of eighteen years or a surviving child or 3 children of any age dependent blind or physically disabled, and the 4 death occurs on or after July first, nineteen hundred forty-eight, and 5 prior to January first, nineteen hundred seventy-eight, to such spouse 6 thirty per centum of the average wages of the deceased [during widowhood7or widowerhood with two years' compensation in one sum, upon remar-8riage]; and the additional amount of twenty per centum of such wages for 9 each such child until the age of eighteen years or until the removal of 10 the dependency of the blind or physically disabled child or children; in 11 case of the subsequent death [or remarriage] of such surviving spouse 12 any surviving child of the deceased employee, at the time under eighteen 13 years of age or dependent through mental or physical infirmity, shall 14 have his compensation increased to thirty per centum of such wages, and 15 the same shall be payable until he shall reach the age of eighteen years 16 or until such dependent blind or physically disabled condition shall 17 have been removed; provided that the total amount payable shall in no 18 case exceed sixty-six and two-thirds per centum of such wages. Upon 19 statutory termination of compensation payments to all such children, the 20 compensation of the surviving spouse shall be increased to forty per 21 centum of such wages [with two years' compensation, at such rate, in one22sum, upon remarriage]. 23 If there be a surviving wife (or dependent husband) and any of the 24 aforementioned surviving children, and the death occurred prior to July 25 first, nineteen hundred forty-eight, to such wife (or dependent husband) 26 thirty per centum of the average wages of the deceased [during widowhood27(or dependent widowerhood) with two years' compensation in one sum, upon28remarriage]; and the additional amount of ten per centum of such wages 29 for each such child until eighteen years of age or until the removal of 30 the dependency of the blind or physically disabled child or children; in 31 case of the subsequent death [or remarriage] of such surviving wife (or 32 dependent husband) any surviving child of the deceased shall have his 33 compensation increased to fifteen per centum of such wages until he 34 shall reach the age of eighteen years or until such dependent blind or 35 physically disabled condition shall have been removed; provided that the 36 total amount payable shall in no case exceed sixty-six and two-thirds 37 per centum of such wages. 38 The board may in its discretion require the appointment of a guardian 39 for the purpose of receiving the compensation of a minor child or a 40 dependent blind or physically disabled child. In the absence of such a 41 requirement by the board the appointment of a guardian for such purposes 42 shall not be necessary. 43 2-a. If there be a surviving spouse and a surviving child under the 44 age of eighteen years or under the age of twenty-three years if enrolled 45 and attending as a full time student in an accredited educational insti- 46 tution and such enrollment and full time attendance is certified by such 47 institution or a surviving child of any age dependent blind or phys- 48 ically disabled and the death occurs on or after January first, nineteen 49 hundred seventy-eight, to such spouse thirty-six and two-thirds per 50 centum of the average wages of the deceased [during widowhood or widow-51erhood with two years' compensation in one sum, upon remarriage]; and 52 thirty per centum of such wages to such child under the age of eighteen 53 years or under the age of twenty-three years if enrolled and attending 54 as a full time student in an accredited educational institution and such 55 enrollment and full time attendance is certified by such institution or 56 a surviving child of any age dependent blind or physically disabled; inA. 3498--B 4 1 the case of the subsequent death of such surviving spouse the surviving 2 child shall have his compensation increased to sixty-six and two-thirds 3 per centum of such wages and the same shall be payable so long as he is 4 under the age of eighteen years or under the age of twenty-three years 5 if enrolled and attending as a full time student in an accredited educa- 6 tional institution and such enrollment and full time attendance is 7 certified by such institution or a surviving child of any age dependent 8 blind or physically disabled; upon statutory termination of compensation 9 payable to such child, the compensation of the surviving spouse shall be 10 increased to sixty-six and two-thirds per centum of such wages [with two11years' compensation, at such rate, in one sum, upon remarriage. Upon12remarriage of such surviving spouse, the surviving child shall continue13to receive thirty per centum of such wages]. Where the death occurs on 14 or after January first, nineteen hundred seventy-eight and the spouse is 15 receiving survivors insurance benefits under the social security act, 16 the death benefit payable under this section shall be reduced by five 17 per centum of the spouse's share of the survivors insurance benefits 18 under the social security act for each ten dollars of deceased's average 19 weekly wage in excess of one hundred dollars provided that in no case 20 shall such reduction exceed fifty per centum of said spouse's share of 21 the survivors insurance benefits under the social security act as set 22 forth in table No. I below. 23 TABLE No. I 24 Offset provisions applicable in death benefits 25 where there is a surviving spouse and one child 26 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S 27 SHARE OF SURVIVORS 28 INSURANCE BENEFITS 29 over $100 up to and including $110 ................................... 5 30 over $110 up to and including $120 .................................. 10 31 over $120 up to and including $130 .................................. 15 32 over $130 up to and including $140 .................................. 20 33 over $140 up to and including $150 .................................. 25 34 over $150 up to and including $160 .................................. 30 35 over $160 up to and including $170 .................................. 35 36 over $170 up to and including $180 .................................. 40 37 over $180 up to and including $190 .................................. 45 38 over $190 up to and including $200 .................................. 50 39 over $200 ........................................................... 50 40 If there be a surviving spouse and two or more surviving children 41 under the age of eighteen years or under the age of twenty-three years 42 if enrolled and attending as a full time student in an accredited educa- 43 tional institution and such enrollment and full time attendance is 44 certified by such institution or a surviving child or children of any 45 age dependent blind or physically disabled and a death occurs on or 46 after January first, nineteen hundred seventy-eight, to such spouse 47 thirty-six and two-thirds per centum of the average wage of the deceased 48 [during widowhood or widowerhood with two years' compensation in one sum49upon remarriage]; and thirty per centum of such wages to such children 50 under the age of eighteen years or under the age of twenty-three years 51 if enrolled and attending as a full time student in an accredited educa- 52 tional institution and such enrollment and full time attendance is 53 certified by such institution or a surviving child or children of anyA. 3498--B 5 1 age dependent blind or physically disabled, share and share alike; in 2 case of the subsequent death of such surviving spouse the surviving 3 children shall have their compensation increased to sixty-six and two- 4 thirds per centum of such wages and the aggregate sum shall be payable, 5 share and share alike, so long as they are under the age of eighteen 6 years or under the age of twenty-three years if enrolled and attending 7 as a full time student in an accredited educational institution and such 8 enrollment and full time attendance is certified by such institution or 9 a surviving child or children of any age dependent blind or physically 10 disabled. [Upon remarriage of such surviving spouse, if there be two11surviving children each shall receive twenty-five per centum of such12wages, and if there are surviving more than two children under the age13of eighteen years or under the age of twenty-three if enrolled and14attending as a full time student in an accredited educational institu-15tion and such enrollment and full time attendance is certified by such16institution or a surviving child or children of any age dependent blind17or physically disabled sixty-six and two-thirds per centum of such wages18share and share alike.] Upon statutory termination of compensation paya- 19 ble to such children, the compensation of the surviving spouse shall be 20 increased to sixty-six and two-thirds per centum of such wages [with two21years' compensation, at such rate, in one sum, upon remarriage]. Where 22 the death occurs on or after January first, nineteen hundred seventy- 23 eight, and the spouse is receiving survivors insurance benefits under 24 the social security act, the death benefits payable under this section 25 shall be reduced by five per centum of the spouse's share of the survi- 26 vors insurance benefits under the social security act for each ten 27 dollars of deceased's average weekly wage in excess of one hundred fifty 28 dollars provided that in no case shall such reduction exceed fifty per 29 centum of said spouse's share of the survivors insurance benefits under 30 the social security act as set forth in table No. II below. 31 TABLE No. II 32 Offset provisions applicable in death benefits 33 where there is a surviving spouse and two or more children 34 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S 35 SHARE OF SURVIVORS 36 INSURANCE BENEFITS 37 over $150 up to and including $160 ................................... 5 38 over $160 up to and including $170 .................................. 10 39 over $170 up to and including $180 .................................. 15 40 over $180 up to and including $190 .................................. 20 41 over $190 up to and including $200 .................................. 25 42 over $200 up to and including $210 .................................. 30 43 over $210 up to and including $220 .................................. 35 44 over $220 up to and including $230 .................................. 40 45 over $230 up to and including $240 .................................. 45 46 over $240 up to and including $250 .................................. 50 47 over $250 ........................................................... 50 48 2-b. If there be a surviving spouse of an employee of a private volun- 49 tary hospital killed in a World Trade Center rescue, who passed a phys- 50 ical examination upon employment as a rescue worker that failed to 51 reveal evidence of a condition that was the proximate cause of death, 52 and a surviving child under the age of eighteen years, or under the age 53 of twenty-three years if enrolled and attending as a full-time studentA. 3498--B 6 1 in an accredited educational institution and such enrollment and full- 2 time attendance is certified by such institution, or a surviving child 3 of any age dependent blind or physically disabled, to such spouse forty 4 per centum of the average wages of the deceased [during widowhood or5widowerhood, with two years' compensation in one sum, upon remarriage]; 6 and thirty-five per centum of such wages to such child under the age of 7 eighteen years, or under the age of twenty-three years if enrolled and 8 attending as a full-time student in an accredited educational institu- 9 tion and such enrollment and full-time attendance is certified by such 10 institution, or a surviving child of any age dependent blind or phys- 11 ically disabled; in the case of the subsequent death of such surviving 12 spouse the surviving child shall have his or her compensation increased 13 to seventy-five per centum of such wages and the same shall be payable 14 so long as he or she is under the age of eighteen years, or under the 15 age of twenty-three years if enrolled and attending as a full-time 16 student in an accredited educational institution and such enrollment and 17 full-time attendance is certified by such institution, or a surviving 18 child of any age dependent blind or physically disabled; upon statutory 19 termination of compensation payable to such child, the compensation of 20 the surviving spouse shall be increased to seventy-five per centum of 21 such wages [with two years' compensation, at such rate, in one sum, upon22remarriage. Upon remarriage of such surviving spouse, the surviving23child shall continue to receive thirty-five per centum of such wages]. 24 Where such death occurs, and the spouse is receiving survivors insurance 25 benefits under the social security act, the death benefit payable under 26 this section shall be reduced by five per centum of the spouse's share 27 of the survivors insurance benefits under the social security act for 28 each ten dollars of deceased's average weekly wage in excess of one 29 hundred dollars; provided that in no case shall such reduction exceed 30 fifty per centum of such spouse's share of the survivors insurance bene- 31 fits under the social security act as set forth in table No. I in subdi- 32 vision one-c of this section. If there be a surviving spouse of an 33 employee of a private voluntary hospital killed in a World Trade Center 34 rescue, who passed a physical examination upon employment as a rescue 35 worker that failed to reveal evidence of a condition that was the proxi- 36 mate cause of death, and two or more surviving children under the age of 37 eighteen years, or under the age of twenty-three years if enrolled and 38 attending as a full-time student in an accredited educational institu- 39 tion and such enrollment and full-time attendance is certified by such 40 institution, or a surviving child or children of any age dependent blind 41 or physically disabled and a death occurs on or after September elev- 42 enth, two thousand one, to such spouse forty per centum of the average 43 wage of the deceased [during widowhood or widowerhood with two years'44compensation in one sum upon remarriage]; and thirty-five per centum of 45 such wages to such children under the age of eighteen years, or under 46 the age of twenty-three years if enrolled and attending as a full-time 47 student in an accredited educational institution and such enrollment and 48 full-time attendance is certified by such institution, or a surviving 49 child or children of any age dependent blind or physically disabled, 50 share and share alike; in case of the subsequent death of such surviving 51 spouse the surviving children shall have their compensation increased to 52 seventy-five per centum of such wages and the aggregate sum shall be 53 payable, share and share alike, so long as they are under the age of 54 eighteen years, or under the age of twenty-three years if enrolled and 55 attending as a full-time student in an accredited educational institu- 56 tion and such enrollment and full-time attendance is certified by suchA. 3498--B 7 1 institution, or a surviving child or children of any age dependent blind 2 or physically disabled. [Upon remarriage of such surviving spouse, if3there be two surviving children each shall receive thirty-seven and4one-half per centum of such wages, and if there are surviving more than5two children under the age of eighteen years, or under the age of twen-6ty-three if enrolled and attending as a full-time student in an accred-7ited educational institution and such enrollment and full-time attend-8ance is certified by such institution, or a surviving child or children9of any age dependant blind or physically disabled, seventy-five per10centum of such wages share and share alike.] Upon statutory termination 11 of compensation payable to such children, the compensation of the 12 surviving spouse shall be increased to seventy-five per centum of such 13 wages [with two years' compensation, at such rate, in one sum, upon14remarriage]. Where the death occurs on or after September eleventh, two 15 thousand one, and the spouse is receiving survivors insurance benefits 16 under the social security act, the death benefits payable under this 17 section shall be reduced by five per centum of the spouse's share of the 18 survivors insurance benefits under the social security act for each ten 19 dollars of deceased's average weekly wage in excess of one hundred fifty 20 dollars; provided that in no case shall such reduction exceed fifty per 21 centum of said spouse's share of the survivors insurance benefits under 22 the social security act as set forth in table No. II in subdivision 23 two-a of this section. 24 2-c For the purposes of the payment of benefits to a surviving spouse 25 pursuant to this section, the remarriage of such spouse shall not affect 26 his or her status as a widow or widower for purposes of this section. 27 § 2. This act shall take effect on the sixtieth day after it shall 28 have become a law.
