senate Bill S1929

2011-2012 Legislative Session

Increases permanent total disability benefits

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to local government
Jan 14, 2011 referred to local government

S1929 - Bill Details

See Assembly Version of this Bill:
A2804
Current Committee:
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd §8, Vol Ffs Ben L; amd §8, Vol Amb Wkr Ben L
Versions Introduced in 2009-2010 Legislative Session:
S776, A4612

S1929 - Bill Texts

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

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BILL NUMBER:S1929

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
2009-2010 - Referred to Local Governments

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1929

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05445-01-1

S. 1929                             2

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.

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