Bill S776-2009

Increases permanent total disability benefits

Increases permanent total disability benefits for volunteer firefighters and ambulance workers from four hundred dollars to four hundred fifty dollars.

Details

Actions

  • Jan 6, 2010: REFERRED TO LOCAL GOVERNMENT
  • Jan 15, 2009: REFERRED TO LOCAL GOVERNMENT

Memo

 BILL NUMBER:  S776

TITLE OF BILL : An act to amend the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law, in relation to increasing permanent total disability benefits

PURPOSE : To increase the benefits received by totally disabled volunteer firefighters and ambulance workers in New York State.

SUMMARY OF PROVISIONS : Section 1: Amends section 8 of the volunteer firefighters law to increase the benefits paid to permanently totally disabled firefighters from $400 to $450. Section 2: Amends section 8 of the volunteer ambulance workers' benefit law to increase the benefits paid to permanently totally disabled ambulance workers from $400 to $450. Section 3: Effective date.

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 would increase the maximum benefits to $450.

LEGISLATIVE HISTORY : 2007-2008 Passed Senate.

FISCAL IMPLICATIONS : To be determined

EFFECTIVE DATE : This act shall take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 776 2009-2010 Regular Sessions IN SENATE January 15, 2009 ___________
Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the volunteer firefighters' benefit law and the volun- teer ambulance workers' benefit law, in relation to increasing perma- nent total disability 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. In the case of total disa- bility adjudged to be permanent the volunteer firefighter shall be paid four hundred FIFTY dollars for each week during the continuance thereof. 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 earn- ings or wages, when combined with his or her weekly benefit shall not be in excess of six hundred dollars; and further provided that the applica- tion of this section shall not result in reduction of benefits which an injured volunteer firefighter who is 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 would otherwise be entitled to under any other provisions of this article. S 2. Section 8 of the volunteer ambulance workers' benefit law, as amended by chapter 574 of the laws of 1998, is amended to read as follows: S 8. Permanent total disability benefits. In the case of total disa- bility adjudged to be permanent the volunteer ambulance worker shall be paid four hundred FIFTY dollars for each week during the continuance thereof. Permanent total disability, within the meaning of this section, shall exist only if the earning capacity of the volunteer ambulance worker has been lost permanently and totally as the result of the inju- ry. 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 ambulance worker 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 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 ambulance worker who is 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 would otherwise be entitled to under any other provisions of this article. S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus