Bill Text: NY S02305 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the continuation of death benefits to a surviving spouse regardless of remarriage.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO LABOR [S02305 Detail]

Download: New_York-2017-S02305-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2305
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
        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, subdivisions 1-d and 2-b as added by
     4  chapter 689 of the laws of 2007, and subdivision 2-a as amended by chap-
     5  ter 174 of the laws of 1981, are amended and a new  subdivision  2-c  is
     6  added 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-
    13  sation 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 dependent
    16  widowerhood) 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
    21  certified by such institution and no child of any age dependent blind or
    22  physically  disabled,  and  the  death occurs on or after January first,
    23  nineteen hundred seventy-eight, to such spouse sixty-six and  two-thirds
    24  per  centum  of  the  average wages of the deceased [during widowhood or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02342-01-7
        S. 2305                             2

     1  widowerhood with two years' compensation, in one sum, upon  remarriage].
     2  Where  the  death  occurs  on  or  after January first, nineteen hundred
     3  seventy-eight, and the spouse is receiving the survivors insurance bene-
     4  fits under the social security act, the death benefit payable under this
     5  section  shall be reduced in accordance with the provisions of table No.
     6  1 below by five per centum of  the  spouse's  share  of  the  survivor's
     7  insurance benefits under the social security act for each ten dollars of
     8  deceased's average weekly wage in excess of one hundred dollars provided
     9  that  in  no  case  shall such reduction exceed fifty per centum of said
    10  spouse's share of the survivors  insurance  benefits  under  the  social
    11  security act.
    12                                 TABLE No. I
    13               Offset provisions applicable in death benefits
    14                   where there is a sole surviving spouse
    15  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
    16                                                        SHARE OF SURVIVORS
    17                                                        INSURANCE BENEFITS
    18  over $100 up to and including $110 ................................... 5
    19  over $110 up to and including $120 .................................. 10
    20  over $120 up to and including $130 .................................. 15
    21  over $130 up to and including $140 .................................. 20
    22  over $140 up to and including $150 .................................. 25
    23  over $150 up to and including $160 .................................. 30
    24  over $160 up to and including $170 .................................. 35
    25  over $170 up to and including $180 .................................. 40
    26  over $180 up to and including $190 .................................. 45
    27  over $190 up to and including $200 .................................. 50
    28  over $200 ........................................................... 50
    29    1-d. If there be a surviving spouse of an employee of a private volun-
    30  tary  hospital killed in a World Trade Center rescue, who passed a phys-
    31  ical examination upon employment as  a  rescue  worker  that  failed  to
    32  reveal  evidence  of  a condition that was the proximate cause of death,
    33  and no child of the deceased under the age of eighteen years,  or  under
    34  the  age  of twenty-three years if enrolled and attending as a full-time
    35  student in an accredited educational institution and such enrollment and
    36  full-time attendance is certified by such institution, and no  child  of
    37  any  age dependent blind or physically disabled, to such spouse seventy-
    38  five per centum of the average wages of the deceased  [during  widowhood
    39  or  widowerhood,  with  two years' compensation, in one sum, upon remar-
    40  riage]. Where such death occurs, and the spouse is receiving the  survi-
    41  vors insurance benefits under the social security act, the death benefit
    42  payable  under  this  section  shall  be  reduced in accordance with the
    43  provisions of table No. I in subdivision one-c of this section  by  five
    44  per  centum  of  the spouse's share of the survivor's insurance benefits
    45  under the social security act for each ten dollars of deceased's average
    46  weekly wage in excess of one hundred dollars; provided that in  no  case
    47  shall  such  reduction exceed fifty per centum of such spouse's share of
    48  the survivors insurance benefits under the social security act.
    49    2. If there be a surviving spouse and a surviving child or children of
    50  the deceased under the age of eighteen years or  a  surviving  child  or
    51  children  of  any  age  dependent  blind or physically disabled, and the
    52  death occurs on or after July first, nineteen hundred  forty-eight,  and
    53  prior  to  January first, nineteen hundred seventy-eight, to such spouse
        S. 2305                             3
     1  thirty per centum of the average wages of the deceased [during widowhood
     2  or widowerhood with two years' compensation  in  one  sum,  upon  remar-
     3  riage]; and the additional amount of twenty per centum of such wages for
     4  each  such child until the age of eighteen years or until the removal of
     5  the dependency of the blind or physically disabled child or children; in
     6  case of the subsequent death [or remarriage] of  such  surviving  spouse
     7  any surviving child of the deceased employee, at the time under eighteen
     8  years  of  age  or dependent through mental or physical infirmity, shall
     9  have his compensation increased to thirty per centum of such wages,  and
    10  the same shall be payable until he shall reach the age of eighteen years
    11  or  until  such  dependent  blind or physically disabled condition shall
    12  have been removed; provided that the total amount payable  shall  in  no
    13  case  exceed  sixty-six  and  two-thirds  per centum of such wages. Upon
    14  statutory termination of compensation payments to all such children, the
    15  compensation of the surviving spouse shall be  increased  to  forty  per
    16  centum of such wages [with two years' compensation, at such rate, in one
    17  sum, upon remarriage].
    18    If  there  be  a  surviving wife (or dependent husband) and any of the
    19  aforementioned surviving children, and the death occurred prior to  July
    20  first, nineteen hundred forty-eight, to such wife (or dependent husband)
    21  thirty per centum of the average wages of the deceased [during widowhood
    22  (or dependent widowerhood) with two years' compensation in one sum, upon
    23  remarriage];  and  the additional amount of ten per centum of such wages
    24  for each such child until eighteen years of age or until the removal  of
    25  the dependency of the blind or physically disabled child or children; in
    26  case  of the subsequent death [or remarriage] of such surviving wife (or
    27  dependent husband) any surviving child of the deceased  shall  have  his
    28  compensation  increased  to  fifteen  per  centum of such wages until he
    29  shall reach the age of eighteen years or until such dependent  blind  or
    30  physically disabled condition shall have been removed; provided that the
    31  total  amount  payable  shall in no case exceed sixty-six and two-thirds
    32  per centum of such wages.
    33    The board may in its discretion require the appointment of a  guardian
    34  for  the  purpose  of  receiving  the compensation of a minor child or a
    35  dependent blind or physically disabled child. In the absence of  such  a
    36  requirement by the board the appointment of a guardian for such purposes
    37  shall not be necessary.
    38    2-a.  If  there  be a surviving spouse and a surviving child under the
    39  age of eighteen years or under the age of twenty-three years if enrolled
    40  and attending as a full time student in an accredited educational insti-
    41  tution and such enrollment and full time attendance is certified by such
    42  institution or a surviving child of any age  dependent  blind  or  phys-
    43  ically disabled and the death occurs on or after January first, nineteen
    44  hundred  seventy-eight,  to  such  spouse  thirty-six and two-thirds per
    45  centum of the average wages of the deceased [during widowhood or  widow-
    46  erhood  with  two  years' compensation in one sum, upon remarriage]; and
    47  thirty per centum of such wages to such child under the age of  eighteen
    48  years  or  under the age of twenty-three years if enrolled and attending
    49  as a full time student in an accredited educational institution and such
    50  enrollment and full time attendance is certified by such institution  or
    51  a  surviving child of any age dependent blind or physically disabled; in
    52  the case of the subsequent death of such surviving spouse the  surviving
    53  child  shall have his compensation increased to sixty-six and two-thirds
    54  per centum of such wages and the same shall be payable so long as he  is
    55  under  the  age of eighteen years or under the age of twenty-three years
    56  if enrolled and attending as a full time student in an accredited educa-
        S. 2305                             4
     1  tional institution and such  enrollment  and  full  time  attendance  is
     2  certified  by such institution or a surviving child of any age dependent
     3  blind or physically disabled; upon statutory termination of compensation
     4  payable to such child, the compensation of the surviving spouse shall be
     5  increased to sixty-six and two-thirds per centum of such wages [with two
     6  years'  compensation,  at  such  rate, in one sum, upon remarriage. Upon
     7  remarriage of such surviving spouse, the surviving child shall  continue
     8  to  receive  thirty per centum of such wages]. Where the death occurs on
     9  or after January first, nineteen hundred seventy-eight and the spouse is
    10  receiving survivors insurance benefits under the  social  security  act,
    11  the  death  benefit  payable under this section shall be reduced by five
    12  per centum of the spouse's share of  the  survivors  insurance  benefits
    13  under the social security act for each ten dollars of deceased's average
    14  weekly  wage  in  excess of one hundred dollars provided that in no case
    15  shall such reduction exceed fifty per centum of said spouse's  share  of
    16  the  survivors  insurance  benefits under the social security act as set
    17  forth in table No. I below.
    18                                 TABLE No. I
    19               Offset provisions applicable in death benefits
    20               where there is a surviving spouse and one child
    21  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
    22                                                        SHARE OF SURVIVORS
    23                                                        INSURANCE BENEFITS
    24  over $100 up to and including $110 ................................... 5
    25  over $110 up to and including $120 .................................. 10
    26  over $120 up to and including $130 .................................. 15
    27  over $130 up to and including $140 .................................. 20
    28  over $140 up to and including $150 .................................. 25
    29  over $150 up to and including $160 .................................. 30
    30  over $160 up to and including $170 .................................. 35
    31  over $170 up to and including $180 .................................. 40
    32  over $180 up to and including $190 .................................. 45
    33  over $190 up to and including $200 .................................. 50
    34  over $200 ........................................................... 50
    35    If there be a surviving spouse and  two  or  more  surviving  children
    36  under  the  age of eighteen years or under the age of twenty-three years
    37  if enrolled and attending as a full time student in an accredited educa-
    38  tional institution and such  enrollment  and  full  time  attendance  is
    39  certified  by  such  institution or a surviving child or children of any
    40  age dependent blind or physically disabled and  a  death  occurs  on  or
    41  after  January  first,  nineteen  hundred  seventy-eight, to such spouse
    42  thirty-six and two-thirds per centum of the average wage of the deceased
    43  [during widowhood or widowerhood with two years' compensation in one sum
    44  upon remarriage]; and thirty per centum of such wages to  such  children
    45  under  the  age of eighteen years or under the age of twenty-three years
    46  if enrolled and attending as a full time student in an accredited educa-
    47  tional institution and such  enrollment  and  full  time  attendance  is
    48  certified  by  such  institution or a surviving child or children of any
    49  age dependent blind or physically disabled, share and  share  alike;  in
    50  case  of  the  subsequent  death  of such surviving spouse the surviving
    51  children shall have their compensation increased to sixty-six  and  two-
    52  thirds  per centum of such wages and the aggregate sum shall be payable,
    53  share and share alike, so long as they are under  the  age  of  eighteen
        S. 2305                             5
     1  years  or  under the age of twenty-three years if enrolled and attending
     2  as a full time student in an accredited educational institution and such
     3  enrollment and full time attendance is certified by such institution  or
     4  a  surviving  child or children of any age dependent blind or physically
     5  disabled. [Upon remarriage of such surviving spouse,  if  there  be  two
     6  surviving  children  each  shall  receive twenty-five per centum of such
     7  wages, and if there are surviving more than two children under  the  age
     8  of  eighteen  years  or  under  the  age of twenty-three if enrolled and
     9  attending as a full time student in an accredited  educational  institu-
    10  tion  and  such enrollment and full time attendance is certified by such
    11  institution or a surviving child or children of any age dependent  blind
    12  or physically disabled sixty-six and two-thirds per centum of such wages
    13  share and share alike.] Upon statutory termination of compensation paya-
    14  ble  to such children, the compensation of the surviving spouse shall be
    15  increased to sixty-six and two-thirds per centum of such wages [with two
    16  years' compensation, at such rate, in one sum, upon  remarriage].  Where
    17  the  death  occurs  on or after January first, nineteen hundred seventy-
    18  eight, and the spouse is receiving survivors  insurance  benefits  under
    19  the  social  security act, the death benefits payable under this section
    20  shall be reduced by five per centum of the spouse's share of the  survi-
    21  vors  insurance  benefits  under  the  social  security act for each ten
    22  dollars of deceased's average weekly wage in excess of one hundred fifty
    23  dollars provided that in no case shall such reduction exceed  fifty  per
    24  centum  of said spouse's share of the survivors insurance benefits under
    25  the social security act as set forth in table No. II below.
    26                                TABLE No. II
    27               Offset provisions applicable in death benefits
    28         where there is a surviving spouse and two or more children
    29  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
    30                                                        SHARE OF SURVIVORS
    31                                                        INSURANCE BENEFITS
    32  over $150 up to and including $160 ................................... 5
    33  over $160 up to and including $170 .................................. 10
    34  over $170 up to and including $180 .................................. 15
    35  over $180 up to and including $190 .................................. 20
    36  over $190 up to and including $200 .................................. 25
    37  over $200 up to and including $210 .................................. 30
    38  over $210 up to and including $220 .................................. 35
    39  over $220 up to and including $230 .................................. 40
    40  over $230 up to and including $240 .................................. 45
    41  over $240 up to and including $250 .................................. 50
    42  over $250 ........................................................... 50
    43    2-b. If there be a surviving spouse of an employee of a private volun-
    44  tary hospital killed in a World Trade Center rescue, who passed a  phys-
    45  ical  examination  upon  employment  as  a  rescue worker that failed to
    46  reveal evidence of a condition that was the proximate  cause  of  death,
    47  and  a surviving child under the age of eighteen years, or under the age
    48  of twenty-three years if enrolled and attending as a  full-time  student
    49  in  an  accredited educational institution and such enrollment and full-
    50  time attendance is certified by such institution, or a  surviving  child
    51  of  any age dependent blind or physically disabled, to such spouse forty
    52  per centum of the average wages of the  deceased  [during  widowhood  or
    53  widowerhood,  with two years' compensation in one sum, upon remarriage];
        S. 2305                             6
     1  and thirty-five per centum of such wages to such child under the age  of
     2  eighteen  years,  or under the age of twenty-three years if enrolled and
     3  attending as a full-time student in an accredited  educational  institu-
     4  tion  and  such enrollment and full-time attendance is certified by such
     5  institution, or a surviving child of any age dependent  blind  or  phys-
     6  ically  disabled;  in the case of the subsequent death of such surviving
     7  spouse the surviving child shall have his or her compensation  increased
     8  to  seventy-five  per centum of such wages and the same shall be payable
     9  so long as he or she is under the age of eighteen years,  or  under  the
    10  age  of  twenty-three  years  if  enrolled  and attending as a full-time
    11  student in an accredited educational institution and such enrollment and
    12  full-time attendance is certified by such institution,  or  a  surviving
    13  child  of any age dependent blind or physically disabled; upon statutory
    14  termination of compensation payable to such child, the  compensation  of
    15  the  surviving  spouse  shall be increased to seventy-five per centum of
    16  such wages [with two years' compensation, at such rate, in one sum, upon
    17  remarriage. Upon remarriage of  such  surviving  spouse,  the  surviving
    18  child  shall  continue to receive thirty-five per centum of such wages].
    19  Where such death occurs, and the spouse is receiving survivors insurance
    20  benefits under the social security act, the death benefit payable  under
    21  this  section  shall be reduced by five per centum of the spouse's share
    22  of the survivors insurance benefits under the social  security  act  for
    23  each  ten  dollars  of  deceased's  average weekly wage in excess of one
    24  hundred dollars; provided that in no case shall  such  reduction  exceed
    25  fifty per centum of such spouse's share of the survivors insurance bene-
    26  fits under the social security act as set forth in table No. I in subdi-
    27  vision  one-c  of  this  section.  If  there be a surviving spouse of an
    28  employee of a private voluntary hospital killed in a World Trade  Center
    29  rescue,  who  passed  a physical examination upon employment as a rescue
    30  worker that failed to reveal evidence of a condition that was the proxi-
    31  mate cause of death, and two or more surviving children under the age of
    32  eighteen years, or under the age of twenty-three years if  enrolled  and
    33  attending  as  a full-time student in an accredited educational institu-
    34  tion and such enrollment and full-time attendance is certified  by  such
    35  institution, or a surviving child or children of any age dependent blind
    36  or  physically  disabled  and a death occurs on or after September elev-
    37  enth, two thousand one, to such spouse forty per centum of  the  average
    38  wage  of  the  deceased [during widowhood or widowerhood with two years'
    39  compensation in one sum upon remarriage]; and thirty-five per centum  of
    40  such  wages  to  such children under the age of eighteen years, or under
    41  the age of twenty-three years if enrolled and attending as  a  full-time
    42  student in an accredited educational institution and such enrollment and
    43  full-time  attendance  is  certified by such institution, or a surviving
    44  child or children of any age dependent  blind  or  physically  disabled,
    45  share and share alike; in case of the subsequent death of such surviving
    46  spouse the surviving children shall have their compensation increased to
    47  seventy-five  per  centum  of  such wages and the aggregate sum shall be
    48  payable, share and share alike, so long as they are  under  the  age  of
    49  eighteen  years,  or under the age of twenty-three years if enrolled and
    50  attending as a full-time student in an accredited  educational  institu-
    51  tion  and  such enrollment and full-time attendance is certified by such
    52  institution, or a surviving child or children of any age dependent blind
    53  or physically disabled. [Upon remarriage of such  surviving  spouse,  if
    54  there  be  two  surviving  children  each shall receive thirty-seven and
    55  one-half per centum of such wages, and if there are surviving more  than
    56  two  children under the age of eighteen years, or under the age of twen-
        S. 2305                             7

     1  ty-three if enrolled and attending as a full-time student in an  accred-
     2  ited  educational  institution and such enrollment and full-time attend-
     3  ance is certified by such institution, or a surviving child or  children
     4  of  any  age  dependant  blind  or physically disabled, seventy-five per
     5  centum of such wages share and share alike.] Upon statutory  termination
     6  of  compensation  payable  to  such  children,  the  compensation of the
     7  surviving spouse shall be increased to seventy-five per centum  of  such
     8  wages  [with  two  years'  compensation,  at such rate, in one sum, upon
     9  remarriage]. Where the death occurs on or after September eleventh,  two
    10  thousand  one,  and the spouse is receiving survivors insurance benefits
    11  under the social security act, the death  benefits  payable  under  this
    12  section shall be reduced by five per centum of the spouse's share of the
    13  survivors  insurance benefits under the social security act for each ten
    14  dollars of deceased's average weekly wage in excess of one hundred fifty
    15  dollars; provided that in no case shall such reduction exceed fifty  per
    16  centum  of said spouse's share of the survivors insurance benefits under
    17  the social security act as set forth in  table  No.  II  in  subdivision
    18  two-a of this section.
    19    2-c. For the purposes of the payment of benefits to a surviving spouse
    20  pursuant to this section, the remarriage of such spouse shall not affect
    21  his or her status as a widow or widower for purposes of this section.
    22    §  2.  This  act  shall take effect on the sixtieth day after it shall
    23  have become a law.