S T A T E   O F   N E W   Y O R K
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                                  3665

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- 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  maxi-
  mum  weekly  benefits  payable  to  disabled  employees  and  employee
  contributions for disability benefits

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

  Section  1.  Subdivision 2 of section 204 of the workers' compensation
law, as amended by chapter 38 of the laws of 1989, is amended to read as
follows:
  2.  THE WEEKLY BENEFIT WHICH THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
RECEIVE  FOR  DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND EIGHTEEN SHALL BE ONE-HALF OF THE EMPLOYEE'S WEEKLY WAGE, BUT IN NO
CASE SHALL SUCH BENEFIT EXCEED FIFTY PERCENT OF  THE  STATEWIDE  AVERAGE
WEEKLY  WAGE  AS  DETERMINED  BY  THE  COMMISSIONER;  EXCEPT THAT IF THE
EMPLOYEE'S AVERAGE WEEKLY WAGE IS LESS THAN TWENTY DOLLARS, THE  BENEFIT
SHALL BE SUCH AVERAGE WEEKLY WAGE. THE WEEKLY BENEFIT WHICH THE DISABLED
EMPLOYEE  IS  ENTITLED  TO RECEIVE FOR DISABILITY COMMENCING ON OR AFTER
JANUARY FIRST, TWO THOUSAND SEVENTEEN SHALL BE ONE-HALF OF  THE  EMPLOY-
EE'S WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENEFIT EXCEED FORTY PERCENT
OF  THE STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE COMMISSIONER;
EXCEPT THAT IF THE EMPLOYEE'S AVERAGE WEEKLY WAGE IS  LESS  THAN  TWENTY
DOLLARS, THE BENEFIT SHALL BE SUCH AVERAGE WEEKLY WAGE. THE WEEKLY BENE-
FIT  WHICH  THE  DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY
COMMENCING ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  SIXTEEN  SHALL  BE
ONE-HALF  OF THE EMPLOYEE'S WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENE-
FIT EXCEED THIRTY-FIVE PERCENT OF THE STATEWIDE AVERAGE WEEKLY  WAGE  AS
DETERMINED  BY  THE  COMMISSIONER; EXCEPT THAT IF THE EMPLOYEE'S AVERAGE
WEEKLY WAGE IS LESS THAN TWENTY DOLLARS, THE BENEFIT SHALL BE SUCH AVER-
AGE WEEKLY WAGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08377-01-5

              

S. 3665                             2

  The weekly benefit which the disabled employee is entitled to  receive
for disability commencing on or after May first, nineteen hundred eight-
y-nine  shall  be one-half of the employee's weekly wage, but in no case
shall such benefit exceed one hundred seventy dollars;  except  that  if
the  employee's  average  weekly  wage  is less than twenty dollars, the
benefit shall be such average weekly wage. The weekly benefit which  the
disabled employee is entitled to receive for disability commencing on or
after  July first, nineteen hundred eighty-four shall be one-half of the
employee's weekly wage, but in no case shall  such  benefit  exceed  one
hundred forty-five dollars; except that if the employee's average weekly
wage  is  less  than  twenty  dollars, the benefit shall be such average
weekly wage. The weekly benefit which the disabled employee is  entitled
to  receive  for  disability commencing on or after July first, nineteen
hundred eighty-three and prior to July first, nineteen  hundred  eighty-
four  shall be one-half of the employee's average weekly wage, but in no
case shall such benefit exceed one hundred thirty-five  dollars  nor  be
less  than  twenty dollars; except that if the employee's average weekly
wage is less than twenty dollars the benefit shall be such average week-
ly wage. The weekly benefit which the disabled employee is  entitled  to
receive  for  disability  commencing  on  or  after July first, nineteen
hundred seventy-four, and prior to July first, nineteen hundred  eighty-
three,  shall  be one-half of the employee's average weekly wage, but in
no case shall such benefit exceed ninety-five dollars nor be  less  than
twenty  dollars;  except  that  if the employee's average weekly wage is
less than twenty dollars, the benefit shall be such average weekly wage.
The weekly benefit which the disabled employee is  entitled  to  receive
for  disability  commencing  on  or  after  July first, nineteen hundred
seventy and prior to July first, nineteen hundred seventy-four shall  be
one-half  of  the  employee's  average weekly wage, but in no case shall
such benefit  exceed  seventy-five  dollars  nor  be  less  than  twenty
dollars;  except that if the employee's average weekly wage is less than
twenty dollars the benefit shall be such average weekly wage.   For  any
period  of  disability less than a full week, the benefits payable shall
be calculated by dividing the  weekly  benefit  by  the  number  of  the
employee's normal work days per week and multiplying the quotient by the
number  of  normal  work  days  in such period of disability. The weekly
benefit for a disabled employee who is concurrently eligible  for  bene-
fits  in  the employment of more than one covered employer shall, within
the maximum and minimum herein provided, be one-half of the total of the
employee's average weekly wages received from all such  covered  employ-
ers,  and shall be allocated in the proportion of their respective aver-
age weekly wage payments.
  S 2. Subdivision 3 of section 209 of the workers' compensation law, as
amended by chapter 415 of the laws  of  1983,  is  amended  to  read  as
follows:
  3.  The  contribution  of each such employee to the cost of disability
benefits provided by this article shall be one-half of one per centum of
the employee's wages paid to him OR HER on and after July  first,  nine-
teen  hundred  fifty AND BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN, but
not excess of sixty cents per week.  FOR EACH CALENDAR  YEAR  COMMENCING
ON  OR  AFTER  JANUARY  FIRST, TWO THOUSAND SIXTEEN, THE CONTRIBUTION OF
EACH SUCH EMPLOYEE TO THE COST OF DISABILITY BENEFITS PROVIDED  IN  THIS
ARTICLE  SHALL  BE  AN AMOUNT ANNUALLY DETERMINED, IN REGULATION, BY THE
SUPERINTENDENT OF FINANCIAL SERVICES.
  S 3. This act shall take effect immediately.