S T A T E   O F   N E W   Y O R K
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                                  4444

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. MORELLE, ORTIZ, EDDINGTON, ZEBROWSKI, ESPAILLAT,
  SCHROEDER, GALEF, SWEENEY, SEMINERIO, FIELDS -- Multi-Sponsored by  --
  M.  of  A.  BOYLAND,  BRADLEY,  CHRISTENSEN,  CLARK,  COLTON, DESTITO,
  GUNTHER, KOON, LIFTON, LUPARDO, MARKEY, McENENY, PHEFFER, RAMOS, REIL-
  LY, SCHIMMINGER, TOWNS, WEISENBERG, WRIGHT -- read once  and  referred
  to the Committee on Local Governments

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01754-01-9
              

A. 4444                             2

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.
  2. 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.
  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, 2010.