S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    255
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
   COLTON, ENGLEBRIGHT, GUNTHER, 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.
   §  2. The workers' compensation law is amended by adding a new section
 208-a to read as follows:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01989-01-9

 A. 255                              2
 
 FIFTY  PERCENT  OF  THE  ANNUAL  INCREASE IN THE CONSUMER PRICE INDEX AS
 PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.