Relates to permanent total disability benefits received by disabled volunteer firefighters; provides for a cost-of-living adjustment to such benefits.

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S2454A-2011 Actions

• Jan 23, 2012: PRINT NUMBER 2454A
• Jan 23, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jan 21, 2011: REFERRED TO LOCAL GOVERNMENT

S2454A-2011 Memo

BILL NUMBER:S2454A

TITLE OF BILL:
An act
to amend the volunteer
firefighters' benefit law, in relation to the payment of
benefits

PURPOSE:
To provide for a cost-of-living adjustment to benefits received by
disabled volunteer firefighters in New York State.

SUMMARY OF PROVISIONS:
Section 1. Amends Section 8 of the Volunteer Firefighters' Benefit Law
by adding a new subsection 2 which reads: Benefits received pursuant
to subdivision one of this section after January first, two thousand
ten shall be adjusted yearly on February first by a percentage equal
to the percent increase in the �previous year's consumer price index.

Section 2. Subdivision 5 of section 51 of the volunteer firefighters'
benefit law is renumbered subdivision 6 and a new subdivision 5 is
added to read as follows: The insurance carrier or entity responsible
for paying the benefit increase provided in section eight of this
chapter shall claim for such benefit increase reimbursement from the
special fund for reopened cases commencing one year from the date of
the first such payment and annually thereafter while such payments
continue, on a form prescribed by the chair.

Section 3. Sets the enactment date.

EXISTING LAW:
No existing provisions for a cost-of-living adjustment for benefits
paid to volunteer firefighters.

JUSTIFICATION:
Volunteer firefighters who are injured in the course of their
volunteer service are eligible under State law to receive workers'
compensation for their injuries. The State has enacted these benefits
in recognition that these volunteers provide enormously important
services to our communities.

Chapter 574 of the laws of 1998, raised the benefit level for all
volunteer firefighters with permanent total disabilities to the
maximum amount of $400 a week regardless of their date of injury.

Recognizing that inflationary forces make it increasingly difficult to
subsist on a fixed income, this legislation institutes a
cost-of-living adjustment for all disabled volunteer firefighters.
Adequately compensating the men and women, who sacrifice their safety
and their time to protect the safety of others, for their injuries

incurred in the line of duty is the least we, as a State, can do to
thank them for their unselfish service.

This cost-of-living adjustment shall apply to weekly benefit periods
after January 1, 2011.

LEGISLATIVE HISTORY:
2005-2006: S.1072-B - Passed Both Houses, Veto Memo 288; 2007-2008:
-Local Government. 2010: S.258 -Referred to Local Government

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to weekly
benefit periods that commence after January 1, 2013.

S2454A-2011 Text

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

                                   2454--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 21, 2011
                                 ___________

  Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
    printed to be committed to the Committee on Local Government -- recom-
    mitted to the Committee on Local Government in accordance with  Senate
    Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
    reprinted as amended and recommitted to said committee

  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:


    Section 1.  Section 8 of the volunteer firefighters' benefit  law,  as
  amended  by  chapter  574  of  the  laws  of 1998, is amended to read as
  follows:

    S 8. Permanent total disability benefits. 1.  In  the  case  of  total
  disability  adjudged  to be permanent the volunteer firefighter shall be
  paid four hundred dollars for each week [during the  continuance  there-
  of].    Permanent  total disability, within the meaning of this section,
  shall exist only if the earning capacity of  the  volunteer  firefighter
  has  been  lost permanently and totally as the result of the injury. The
  loss of both hands, or both arms, or both feet, or both  legs,  or  both
  eyes,  or  any two thereof, shall, in the absence of conclusive proof to
  the contrary, constitute permanent total disability, but  in  all  other
  cases  permanent total disability shall be determined in accordance with
  the facts. Notwithstanding any other  provisions  of  this  chapter,  an
  injured  volunteer firefighter disabled due to the loss or total loss of
  use of both eyes, or both hands, or both arms, or  both  feet,  or  both
  legs,  or any two thereof shall not suffer any diminution of such weekly
  benefit by engaging in business or employment provided his or her weekly
  earnings or wages, when combined with his or her  weekly  benefit  shall
  not  be  in excess of six hundred dollars; and further provided that the
  application of this section shall not result in  reduction  of  benefits
  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.
                                                             LBD05367-02-2

 S. 2454--A                          2

  or total loss of use of both eyes, or both hands, or both arms, or  both
  feet,  or  both  legs, or any two thereof would otherwise be entitled to
  under any other provisions of this article.
    2. BENEFITS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AFTER
  JANUARY  FIRST, TWO THOUSAND THIRTEEN SHALL BE ADJUSTED YEARLY ON FEBRU-
  ARY FIRST BY A PERCENTAGE EQUAL TO THE PERCENT INCREASE IN THE  PREVIOUS
  YEAR'S CONSUMER PRICE INDEX.
    S  2. Subdivision 5 of section 51 of the volunteer firefighters' bene-
  fit law, as renumbered by chapter 246 of the laws of 2006, is renumbered
  subdivision 6 and a new subdivision 5 is added to read as follows:

    5. THE INSURANCE CARRIER OR ENTITY RESPONSIBLE FOR PAYING THE  BENEFIT
  INCREASE  PROVIDED IN SECTION EIGHT OF THIS CHAPTER SHALL CLAIM FOR SUCH
  BENEFIT INCREASE REIMBURSEMENT FROM THE SPECIAL FUND FOR REOPENED  CASES
  COMMENCING ONE YEAR FROM THE DATE OF THE FIRST SUCH PAYMENT AND ANNUALLY
  THEREAFTER  WHILE  SUCH  PAYMENTS  CONTINUE, ON A FORM PRESCRIBED BY THE
  CHAIR.
    S 3. This act shall take effect immediately and shall apply to  weekly
  benefit periods that commence after January 1, 2013.