S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  4330
                       2009-2010 Regular Sessions
                          I N  A S S E M B L Y
                            February 3, 2009
                               ___________
Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
  tee on Governmental Employees
AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to death benefits for the auxiliary police
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. The administrative code of the city of New York is  amended
by adding a new section 14-148.1 to read as follows:
  S  14-148.1  DEATH BENEFITS FOR THE AUXILIARY POLICE.  NOTWITHSTANDING
THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, A MEMBER OF THE  AUXIL-
IARY  POLICE WHO DIES AS A RESULT OF INJURIES RECEIVED WHILE IN THE LINE
OF DUTY AS SUCH MEMBER, SHALL RECEIVE THE FOLLOWING DEATH BENEFITS:
  1. THE REASONABLE FUNERAL EXPENSES OF THE DECEASED AUXILIARY POLICEMAN
SHALL BE PAID IN AN AMOUNT NOT  EXCEEDING  SIX  THOUSAND  SEVEN  HUNDRED
DOLLARS;  PROVIDED  HOWEVER, THAT SUCH SIX THOUSAND DOLLAR MAXIMUM SHALL
NOT APPLY WHERE AN AUXILIARY POLICEMAN DIES FROM  INJURIES  RECEIVED  IN
THE  LINE  OF  DUTY.  IF SUCH FUNERAL EXPENSES SHALL HAVE BEEN PAID BY A
PERSON ENTITLED TO BENEFITS UNDER THIS SECTION OR BY OTHERS, THE FUNERAL
EXPENSES AWARDED SHALL BE MADE PAYABLE TO SUCH  BENEFICIARY  OR  OTHERS;
OTHERWISE THEY SHALL BE PAYABLE TO THE UNDERTAKER WHO PROVIDED THE BURI-
AL. FUNERAL EXPENSES SHALL BE AWARDED IN ALL DEATH CASES.
  2.  IF  THERE  BE  A  SURVIVING SPOUSE, TO SUCH SPOUSE THE LUMP SUM OF
FIFTY-SIX THOUSAND DOLLARS, BUT IF THERE BE NO SURVIVING SPOUSE, THEN TO
THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE AUXILIARY  POLICEMAN,
THE  LUMP  SUM OF FIFTY-SIX THOUSAND DOLLARS. SUCH SUM SHALL BE IN ADDI-
TION TO ANY OTHER BENEFITS PROVIDED IN THIS CHAPTER  AND  SHALL  NOT  BE
DIMINISHED BY BENEFITS PAID TO THE AUXILIARY POLICEMAN DURING HIS OR HER
LIFETIME  IF ANY.  ANY MONEY PAID TO AN EXECUTOR OR ADMINISTRATOR PURSU-
ANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE  DISTRIBUTED  IN  THE
MANNER  PROVIDED  BY  THE LAWS OF THIS STATE FOR THE DISTRIBUTION OF THE
PERSONAL PROPERTY OF AN INTESTATE DECEDENT.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06725-01-9
              
             
                          
                
A. 4330                             2
  3. IF THERE BE A SURVIVING  SPOUSE  AND  NO  SURVIVING  CHILD  OF  THE
DECEASED UNDER THE AGE OF EIGHTEEN YEARS OR UNDER THE AGE OF TWENTY-FIVE
YEARS  WHO  IS  ENROLLED AS A FULL TIME STUDENT IN ANY ACCREDITED EDUCA-
TIONAL INSTITUTION AND NO SURVIVING CHILD OF ANY AGE DEPENDENT BLIND  OR
PHYSICALLY  DISABLED, TO SUCH SPOUSE ONE HUNDRED THIRTY DOLLARS FOR EACH
WEEK UNTIL REMARRIED, AND UPON SUCH REMARRIAGE THE LUMP SUM OF  THIRTEEN
THOUSAND ONE HUNDRED FORTY-TWO DOLLARS.
  4. IF THERE BE A SURVIVING SPOUSE AND A SURVIVING CHILD OR CHILDREN OF
THE  DECEASED  UNDER THE AGE OF EIGHTEEN YEARS OR UNDER THE AGE OF TWEN-
TY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN  ANY  ACCREDITED
EDUCATIONAL  INSTITUTION  OR  A  SURVIVING  CHILD OR CHILDREN OF ANY AGE
DEPENDENT BLIND OR  PHYSICALLY  DISABLED,  TO  SUCH  SPOUSE  NINETY-FIVE
DOLLARS FOR EACH WEEK UNTIL REMARRIED, AND UPON SUCH REMARRIAGE THE LUMP
SUM  OF NINE THOUSAND EIGHT HUNDRED FIFTY-SIX DOLLARS; AND AN ADDITIONAL
AMOUNT OF SIXTY-THREE DOLLARS FOR EACH WEEK FOR EACH  SUCH  CHILD  UNTIL
THE  AGE  OF EIGHTEEN YEARS OR UNDER THE AGE OF TWENTY-FIVE YEARS WHO IS
ENROLLED AS A FULL TIME STUDENT IN ANY ACCREDITED  EDUCATIONAL  INSTITU-
TION  OR  UNTIL THE REMOVAL OF THE DEPENDENCY OF THE BLIND OR PHYSICALLY
DISABLED CHILD OR CHILDREN; IN THE  CASE  OF  THE  SUBSEQUENT  DEATH  OR
REMARRIAGE  OF SUCH SURVIVING SPOUSE ANY SURVIVING CHILD OF THE DECEASED
AUXILIARY POLICEMAN, AT THE TIME UNDER EIGHTEEN YEARS OF  AGE  OR  UNDER
THE  AGE  OF TWENTY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN
ANY ACCREDITED EDUCATIONAL INSTITUTION OR DEPENDENT  THROUGH  MENTAL  OR
PHYSICAL   INFIRMITY,  SHALL  HAVE  HIS  OR  HER  BENEFIT  INCREASED  TO
NINETY-FIVE DOLLARS FOR EACH WEEK, AND THE SAME SHALL BE  PAYABLE  UNTIL
HE OR SHE SHALL REACH THE AGE OF EIGHTEEN YEARS OR TWENTY-FIVE YEARS, AS
THE  CASE  MAY  BE, OR UNTIL SUCH DEPENDENT BLIND OR PHYSICALLY DISABLED
CONDITION SHALL HAVE BEEN REMOVED; PROVIDED THAT THE TOTAL AMOUNT  PAYA-
BLE  FOR  EACH  WEEK  UNDER THIS SUBDIVISION SHALL IN NO CASE EXCEED TWO
HUNDRED FIFTY-THREE DOLLARS PER  WEEK.  UPON  STATUTORY  TERMINATION  OF
PAYMENTS  TO  ALL  SUCH  CHILDREN,  THE PAYMENTS TO THE SURVIVING SPOUSE
SHALL BE INCREASED TO ONE HUNDRED THIRTY DOLLARS  FOR  EACH  WEEK  UNTIL
SUCH  SPOUSE  REMARRIES,  AND UPON SUCH REMARRIAGE, SUCH SPOUSE SHALL BE
PAID THE LUMP SUM OF TWELVE THOUSAND THIRTY-THREE DOLLARS.
  5. IF THERE BE SURVIVING CHILD OR CHILDREN OF THE DECEASED  UNDER  THE
AGE  OF  EIGHTEEN  YEARS  OR  UNDER  THE AGE OF TWENTY-FIVE YEARS WHO IS
ENROLLED AS A FULL TIME STUDENT IN ANY ACCREDITED  EDUCATIONAL  INSTITU-
TION  OR  A  DEPENDENT BLIND OR PHYSICALLY DISABLED CHILD OR CHILDREN OF
ANY AGE, BUT NO SURVIVING SPOUSE, FOR THE SUPPORT  OF  EACH  SUCH  CHILD
UNTIL THE AGE OF EIGHTEEN YEARS OR TWENTY-FIVE YEARS AS THE CASE MAY BE,
OR UNTIL THE REMOVAL OF THE DEPENDENCY OF SUCH BLIND OR PHYSICALLY DISA-
BLED CHILD OR CHILDREN, NINETY-FIVE DOLLARS FOR EACH WEEK; PROVIDED THAT
THE  TOTAL AMOUNT PAYABLE FOR EACH WEEK UNDER THIS SUBDIVISION SHALL NOT
EXCEED TWO HUNDRED FIFTY-THREE DOLLARS PER WEEK.
  6. IF THERE BE NO SURVIVING SPOUSE, OR CHILD OF THE DECEASED UNDER THE
AGE OF EIGHTEEN YEARS, OR UNDER THE AGE  OF  TWENTY-FIVE  YEARS  WHO  IS
ENROLLED  AS  A FULL TIME STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITU-
TION OR DEPENDENT BLIND OR PHYSICALLY DISABLED CHILD OF THE DECEASED  OF
ANY  AGE, OR IF THE AMOUNT PAYABLE FOR EACH WEEK TO THE SURVIVING SPOUSE
AND TO CHILDREN UNDER THE AGE OF EIGHTEEN YEARS  OR  UNDER  THE  AGE  OF
TWENTY-FIVE  YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN ANY ACCRED-
ITED EDUCATIONAL INSTITUTION OR SUCH DEPENDENT BLIND OR PHYSICALLY DISA-
BLED  CHILDREN  SHALL  BE  LESS  IN  THE  AGGREGATE  THAN  TWO   HUNDRED
FIFTY-THREE DOLLARS PER WEEK, FOR THE SUPPORT OF GRANDCHILDREN OR BROTH-
ERS  AND  SISTERS  UNDER  THE AGE OF EIGHTEEN YEARS, OR UNDER THE AGE OF
TWENTY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN ANY  ACCRED-
A. 4330                             3
ITED  EDUCATIONAL INSTITUTION IF DEPENDENT UPON THE DECEASED AT THE TIME
OF THE INJURY, SEVENTY-NINE DOLLARS FOR EACH WEEK  FOR  THE  SUPPORT  OF
EACH SUCH PERSON UNTIL THE AGE OF EIGHTEEN YEARS OR TWENTY-FIVE YEARS AS
THE  CASE  MAY BE, AND FOR THE SUPPORT OF EACH PARENT OR GRANDPARENT, OF
THE DECEASED IF DEPENDENT UPON HIM OR HER AT THE TIME OF THE INJURY  ONE
HUNDRED  THIRTY  DOLLARS FOR EACH WEEK DURING SUCH DEPENDENCY, BUT IN NO
CASE SHALL THE AGGREGATE AMOUNT PAYABLE UNDER  THIS  SUBDIVISION  EXCEED
THE  DIFFERENCE  BETWEEN  TWO HUNDRED FIFTY-THREE DOLLARS AND THE AMOUNT
PAYABLE FOR EACH WEEK AS HEREINBEFORE PROVIDED TO THE  SURVIVING  SPOUSE
OR FOR THE SUPPORT OF A SURVIVING CHILD OR CHILDREN.
  7.  IF  ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS IS AN INMATE OF ANY
INSTITUTION AND A PUBLIC CHARGE UPON THE STATE OR ANY POLITICAL SUBDIVI-
SION, THE BENEFITS ALLOWED HEREUNDER SHALL BE PAYABLE TO  THE  STATE  OR
POLITICAL  SUBDIVISION  TO THE EXTENT OF THE REASONABLE CHARGES FOR CARE
AND MAINTENANCE, DURING THE CONTINUANCE  AS  A  PUBLIC  CHARGE  IN  SUCH
INSTITUTION OF SUCH BENEFICIARY AND UNTIL HE SHALL HAVE ATTAINED THE AGE
OF  EIGHTEEN  YEARS. ANY SUM OR SUMS REMAINING AFTER SUCH PAYMENTS SHALL
BE DISTRIBUTED AS PROVIDED IN THIS SECTION.
  8. THE TERM "DEPENDENT BLIND OR PHYSICALLY DISABLED", AS USED IN  THIS
SECTION  IN RELATION TO DEPENDENT CHILDREN, MEANS TOTALLY BLIND OR PHYS-
ICALLY DISABLED DEPENDENT CHILDREN WHOSE DISABLEMENT IS TOTAL AND PERMA-
NENT.
  9. ALL QUESTIONS OF DEPENDENCY SHALL BE DETERMINED AS OF THE  TIME  OF
THE INJURY.
  10.  THE WORKERS' COMPENSATION BOARD MAY IN ITS DISCRETION REQUIRE THE
APPOINTMENT OF A GUARDIAN FOR THE PURPOSE OF RECEIVING BENEFITS  PAYABLE
TO  A  MINOR CHILD OR A DEPENDENT BLIND OR PHYSICALLY DISABLED CHILD. IN
THE ABSENCE OF SUCH A REQUIREMENT BY SUCH BOARD  THE  APPOINTMENT  OF  A
GUARDIAN FOR SUCH PURPOSES SHALL NOT BE NECESSARY.
  11.  IN  THE  CASE  OF A DEATH OF AN AUXILIARY POLICEMAN, THAT RESULTS
FROM SERVICES PERFORMED IN THE LINE OF DUTY, IF  THERE  BE  A  SURVIVING
SPOUSE  AND NO SURVIVING CHILD OF THE DECEASED UNDER THE AGE OF EIGHTEEN
OR UNDER THE AGE OF TWENTY-FIVE YEARS WHO IS ENROLLED  AS  A  FULL  TIME
STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITUTION AND NO SURVIVING CHILD
OF  ANY AGE DEPENDENT BLIND OR PHYSICALLY DISABLED, TO SUCH SPOUSE EIGHT
HUNDRED EIGHTY-SEVEN DOLLARS FOR EACH WEEK UNTIL REMARRIED AND UPON SUCH
REMARRIAGE THE LUMP SUM OF  NINETY-TWO  THOUSAND  TWO  HUNDRED  NINETEEN
DOLLARS.
  12.  IN  THE  CASE  OF A DEATH OF AN AUXILIARY POLICEMAN, THAT RESULTS
FROM SERVICES PERFORMED IN THE LINE OF DUTY, IF  THERE  BE  A  SURVIVING
SPOUSE  AND  A SURVIVING CHILD OR CHILDREN OF THE DECEASED UNDER THE AGE
OF EIGHTEEN YEARS OR UNDER THE AGE OF TWENTY-FIVE YEARS WHO IS  ENROLLED
AS  A  FULL  TIME STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITUTION OR A
SURVIVING CHILD OR CHILDREN OF ANY AGE  DEPENDENT  BLIND  OR  PHYSICALLY
DISABLED, TO SUCH SPOUSE FOUR HUNDRED EIGHTY-EIGHT DOLLARS FOR EACH WEEK
UNTIL  REMARRIED,  AND THE ADDITIONAL AMOUNT OF FOUR HUNDRED DOLLARS FOR
EACH WEEK FOR SUCH CHILD OR CHILDREN, SHARE AND SHARE ALIKE,  UNTIL  THE
AGE  OF  EIGHTEEN  YEARS  OR  UNDER  THE AGE OF TWENTY-FIVE YEARS WHO IS
ENROLLED AS A FULL TIME STUDENT IN ANY ACCREDITED  EDUCATIONAL  INSTITU-
TION  OR  UNTIL THE REMOVAL OF THE DEPENDENCY OF THE BLIND OR PHYSICALLY
DISABLED CHILD OR CHILDREN. IN THE CASE OF THE DEATH OF  SUCH  SURVIVING
SPOUSE,  THE  SURVIVING  CHILD  OR  CHILDREN  OF  THE DECEASED AUXILIARY
POLICEMAN, AT THE TIME UNDER EIGHTEEN YEARS OF AGE OR UNDER THE  AGE  OF
TWENTY-FIVE  YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN ANY ACCRED-
ITED EDUCATIONAL INSTITUTION OR DEPENDENT  THROUGH  MENTAL  OR  PHYSICAL
INFIRMITY,  SHALL  HAVE  HIS  OR  HER BENEFIT INCREASED TO EIGHT HUNDRED
A. 4330                             4
EIGHTY-SEVEN DOLLARS, FOR EACH WEEK, SHARE AND SHARE ALIKE, AND THE SAME
SHALL BE PAYABLE UNTIL HE OR SHE OR THEY SHALL REACH THE AGE OF EIGHTEEN
YEARS OR TWENTY-FIVE YEARS AS THE CASE MAY BE, OR UNTIL  SUCH  DEPENDENT
BLIND OR PHYSICALLY DISABLED CONDITION SHALL HAVE BEEN REMOVED. UPON THE
REMARRIAGE  OF  SUCH SURVIVING SPOUSE PRIOR TO THE STATUTORY TERMINATION
OF BENEFIT TO ALL SUCH CHILDREN, SUCH SPOUSE SHALL BE PAID THE LUMP  SUM
OF  FIFTY  THOUSAND SEVEN HUNDRED TWENTY DOLLARS AND THE SURVIVING CHILD
SHALL CONTINUE TO RECEIVE WEEKLY PAYMENTS OF FOUR  HUNDRED  DOLLARS;  IF
THERE  BE TWO SURVIVING CHILDREN, EACH SHALL RECEIVE THREE HUNDRED THIR-
TY-THREE DOLLARS PER WEEK; AND IF THERE BE MORE THAN TWO SURVIVING CHIL-
DREN, THEY SHALL RECEIVE EIGHT HUNDRED EIGHTY-SEVEN  DOLLARS  PER  WEEK,
SHARE  AND SHARE ALIKE; AND THE SAME SHALL BE PAYABLE UNTIL HE OR SHE OR
THEY SHALL REACH THE AGE OF EIGHTEEN YEARS OR TWENTY-FIVE YEARS, AS  THE
CASE MAY BE, OR UNTIL SUCH DEPENDENT BLIND OR PHYSICALLY DISABLED CONDI-
TION  SHALL HAVE BEEN REMOVED. UPON STATUTORY TERMINATION OF PAYMENTS TO
ALL SUCH CHILDREN,  THE  PAYMENTS  TO  THE  SURVIVING  SPOUSE  SHALL  BE
INCREASED TO EIGHT HUNDRED EIGHTY-SEVEN DOLLARS FOR EACH WEEK UNTIL SUCH
SPOUSE  REMARRIES AND UPON SUCH REMARRIAGE SUCH SPOUSE SHALL BE PAID THE
LUMP SUM OF NINETY-TWO THOUSAND TWO  HUNDRED  NINETEEN  DOLLARS.  IN  NO
EVENT  SHALL  THE TOTAL AMOUNT PAYABLE FOR EACH WEEK UNDER THIS SUBDIVI-
SION EXCEED EIGHT HUNDRED EIGHTY-SEVEN DOLLARS.
  13. IN THE CASE OF A DEATH OF AN  AUXILIARY  POLICEMAN,  THAT  RESULTS
FROM  SERVICES  PERFORMED  IN  THE LINE OF DUTY, IF THERE BE SURVIVING A
CHILD OR CHILDREN OF THE DECEASED UNDER THE AGE  OF  EIGHTEEN  YEARS  OR
UNDER  THE  AGE  OF  TWENTY-FIVE  YEARS  WHO  IS ENROLLED AS A FULL TIME
STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITUTION OR A  DEPENDENT  CHILD
OR  PHYSICALLY  DISABLED  CHILD OR CHILDREN OF ANY AGE, BUT NO SURVIVING
SPOUSE, FOR SUPPORT OF SUCH CHILD OR CHILDREN UNTIL THE AGE OF  EIGHTEEN
YEARS  OR  TWENTY-FIVE YEARS AS THE CASE MAY BE, OR UNTIL REMOVAL OF THE
DEPENDENCY OF SUCH BLIND OR PHYSICALLY DISABLED CHILD OR CHILDREN, EIGHT
HUNDRED EIGHTY-SEVEN DOLLARS SHARE  AND  SHARE  ALIKE,  FOR  EACH  WEEK;
PROVIDED THAT THE TOTAL AMOUNT PAYABLE FOR EACH WEEK UNDER THIS SUBDIVI-
SION SHALL NOT EXCEED EIGHT HUNDRED EIGHTY-SEVEN DOLLARS PER WEEK.
  14.  IN  THE  CASE  OF A DEATH OF AN AUXILIARY POLICEMAN, THAT RESULTS
FROM SERVICES PERFORMED IN THE LINE OF DUTY, IF THERE  BE  NO  SURVIVING
SPOUSE OR CHILD OF THE DECEASED UNDER THE AGE OF EIGHTEEN YEARS OR UNDER
THE  AGE  OF TWENTY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN
ANY ACCREDITED EDUCATIONAL INSTITUTION, OR DEPENDENT BLIND OR PHYSICALLY
DISABLED CHILD OF THE DECEASED OF ANY  AGE,  THEN  FOR  THE  SUPPORT  OF
GRANDCHILDREN OR BROTHERS AND SISTERS UNDER THE AGE OF EIGHTEEN YEARS OR
UNDER  THE  AGE  OF  TWENTY-FIVE  YEARS  WHO  IS ENROLLED AS A FULL TIME
STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITUTION IF DEPENDENT UPON  THE
DECEASED  AT  THE TIME OF THE INJURY, THREE HUNDRED THIRTY-THREE DOLLARS
FOR EACH WEEK FOR THE SUPPORT OF EACH SUCH PERSON UNTIL THE AGE OF EIGH-
TEEN YEARS OR TWENTY-FIVE YEARS AS THE CASE MAY BE, AND FOR THE  SUPPORT
OF  EACH  PARENT  OR  GRANDPARENT  OF THE DECEASED IF DEPENDENT UPON THE
DECEASED AT THE TIME OF THE INJURY, FIVE HUNDRED THIRTY-TWO DOLLARS  FOR
EACH  WEEK  DURING  SUCH  DEPENDENCY  BUT IN NO CASE SHALL THE AGGREGATE
AMOUNT PAYABLE UNDER THIS SUBDIVISION EXCEED EIGHT HUNDRED  EIGHTY-SEVEN
DOLLARS PER WEEK.
  15. IN THE CASE OF THE DEATH OF AN INJURED AUXILIARY POLICEMAN TO WHOM
THERE  WAS  DUE AT THE TIME OF HIS OR HER DEATH ANY BENEFITS, THE AMOUNT
OF SUCH BENEFITS SHALL BE PAYABLE TO THE SURVIVING SPOUSE, IF  THERE  BE
ONE,  OR,  IF  NONE,  TO THE SURVIVING CHILD OR CHILDREN OF THE DECEASED
UNDER THE AGE OF EIGHTEEN YEARS, AND IF THERE BE NO SURVIVING SPOUSE  OR
CHILDREN,  THEN  TO THE DEPENDENTS OF SUCH DECEASED OR TO ANY OF THEM AS
A. 4330                             5
THE WORKERS' COMPENSATION BOARD MAY DIRECT, AND IF THERE BE NO SURVIVING
SPOUSE, CHILDREN OR DEPENDENTS OF SUCH DECEASED,  THEN  TO  HIS  OR  HER
ESTATE.  AN  AWARD  FOR  DISABILITY  MAY  BE  MADE AFTER THE DEATH OF AN
INJURED AUXILIARY POLICEMAN.
  S  2. This act shall take effect immediately and shall apply to deaths
occurring on and after such effective date.