Assembly Bill A1386

2015-2016 Legislative Session

Provides for cost-of-living adjustments of disability benefits for an employee with a permanent total disability

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A1386 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, add §208-a, Work Comp L
Versions Introduced in Other Legislative Sessions:
2009-2010: A598
2011-2012: A186
2013-2014: A1668
2017-2018: A1400
2019-2020: A255
2021-2022: A1207

2015-A1386 (ACTIVE) - Summary

Provides for cost-of-living adjustments of disability benefits for an employee with a permanent total disability to be based on an increase of the consumer price index as promulgated by the U.S. department of labor.

2015-A1386 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1386

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
  CLARK, COLTON, ENGLEBRIGHT, GUNTHER, HOOPER, MAGEE,  ORTIZ,  PERRY  --
  read once and referred to the Committee on Labor

AN  ACT to amend the workers' compensation law, in relation to providing
  for cost-of-living adjustments of disability benefits in certain cases

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 15 of the workers' compensation law is amended by
adding a new subdivision 10 to read as follows:
  10. COST-OF-LIVING  ADJUSTMENTS  OF  DISABILITY  BENEFITS  IN  CERTAIN
CASES.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, IN ADDITION TO
ANY OTHER AMOUNT RECEIVED PURSUANT TO THIS ARTICLE AS  DISABILITY  BENE-
FITS,  AN EMPLOYEE WITH A PERMANENT TOTAL DISABILITY OR THE BENEFICIARY-
DEPENDENT OF SUCH EMPLOYEE SHALL BE ENTITLED TO AN ADDITIONAL ALLOWANCE,
TO BE KNOWN AS A COST-OF-LIVING ADJUSTMENT ALLOWANCE, PAYABLE ANNUALLY.
  (B) THE COST-OF-LIVING  ADJUSTMENT  ALLOWANCE  SHALL  BE  COMPUTED  BY
APPLYING  AN  ADJUSTMENT FOR REGIONAL COSTS OF LIVING AND SHALL BE BASED
ON FIFTY PERCENT OF THE ANNUAL INCREASE IN THE CONSUMER PRICE  INDEX  AS
PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
  S  2. The workers' compensation law is amended by adding a new section
208-a to read as follows:
  S 208-A. COST-OF-LIVING ADJUSTMENTS OF DISABILITY BENEFITS IN  CERTAIN
CASES. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ADDITION TO ANY
OTHER  AMOUNT  RECEIVED PURSUANT TO THIS ARTICLE AS DISABILITY BENEFITS,
AN EMPLOYEE WITH A PERMANENT TOTAL DISABILITY OR THE  BENEFICIARY-DEPEN-
DENT  OF  SUCH EMPLOYEE SHALL BE ENTITLED TO AN ADDITIONAL ALLOWANCE, TO
BE KNOWN AS A COST-OF-LIVING ADJUSTMENT ALLOWANCE, PAYABLE ANNUALLY.
  2. THE COST-OF-LIVING ADJUSTMENT ALLOWANCE SHALL BE COMPUTED BY APPLY-
ING AN ADJUSTMENT FOR REGIONAL COSTS OF LIVING AND  SHALL  BE  BASED  ON
FIFTY  PERCENT  OF  THE  ANNUAL  INCREASE IN THE CONSUMER PRICE INDEX AS
PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
  S 3. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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