senate Bill S2454A

2011-2012 Legislative Session

Relates to permanent total disability benefits received by disabled volunteer firefighters

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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 23, 2012 print number 2454a
amend and recommit to local government
Jan 04, 2012 referred to local government
Jan 21, 2011 referred to local government

Bill Amendments

Original
A (Active)
Original
A (Active)

S2454 - Bill Details

See Assembly Version of this Bill:
A3194A
Current Committee:
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd §§8 & 51, Vol Ffs Ben L
Versions Introduced in 2009-2010 Legislative Session:
S528, A4444

S2454 - Bill Texts

view summary

Relates to permanent total disability benefits received by disabled volunteer firefighters; provides for a cost-of-living adjustment to such benefits.

view sponsor memo
BILL NUMBER:S2454

TITLE OF BILL:
An act
to amend the volunteer
firefighters' benefit law, in relation to the payment of
benefits

PURPOSE:
To provide for a cost-of-living adjustment to benefits received by
disabled volunteer firefighters in New York State.

SUMMARY OF PROVISIONS:
Section 1. Amends Section 8 of the Volunteer Firefighters' Benefit Law
by adding a new subsection 2 which reads: 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.

Section 2. Subdivision 5 of section 51 of the volunteer firefighters'
benefit law is renumbered subdivision 6 and a new subdivision 5 is
added to read as follows: 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.

Section 3. Sets the enactment date.

EXISTING LAW:
No existing provisions for a cost-of-living adjustment for benefits
paid to volunteer firefighters.

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 institutes a
cost-of-living adjustment for all disabled volunteer firefighters.
Adequately compensating the men and women, who sacrifice their safety
and their time to protect the safety of others, for their injuries
incurred in the line of duty is the least we, as a State, can do to
thank them for their unselfish service.

This cost-of-living adjustment shall apply to weekly benefit periods
after January 1, 2011.


LEGISLATIVE HISTORY:
2005-2006: S.1072-B - Passed Both Houses, Veto Memo 288; 2007-2008
-Local Government.
2010: S.258 -Referred to Local Government

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to weekly
benefit periods that commence after January 1, 2012.

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

                                  2454

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 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, 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05367-01-1

S. 2454                             2

  2. BENEFITS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AFTER
JANUARY FIRST, TWO THOUSAND TWELVE 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, 2012.

S2454A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3194A
Current Committee:
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd §§8 & 51, Vol Ffs Ben L
Versions Introduced in 2009-2010 Legislative Session:
S528, A4444

S2454A (ACTIVE) - Bill Texts

view summary

Relates to permanent total disability benefits received by disabled volunteer firefighters; provides for a cost-of-living adjustment to such benefits.

view sponsor memo
BILL NUMBER:S2454A

TITLE OF BILL:
An act
to amend the volunteer
firefighters' benefit law, in relation to the payment of
benefits

PURPOSE:
To provide for a cost-of-living adjustment to benefits received by
disabled volunteer firefighters in New York State.

SUMMARY OF PROVISIONS:
Section 1. Amends Section 8 of the Volunteer Firefighters' Benefit Law
by adding a new subsection 2 which reads: 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.

Section 2. Subdivision 5 of section 51 of the volunteer firefighters'
benefit law is renumbered subdivision 6 and a new subdivision 5 is
added to read as follows: 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.

Section 3. Sets the enactment date.

EXISTING LAW:
No existing provisions for a cost-of-living adjustment for benefits
paid to volunteer firefighters.

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 institutes a
cost-of-living adjustment for all disabled volunteer firefighters.
Adequately compensating the men and women, who sacrifice their safety
and their time to protect the safety of others, for their injuries

incurred in the line of duty is the least we, as a State, can do to
thank them for their unselfish service.

This cost-of-living adjustment shall apply to weekly benefit periods
after January 1, 2011.

LEGISLATIVE HISTORY:
2005-2006: S.1072-B - Passed Both Houses, Veto Memo 288; 2007-2008:
-Local Government. 2010: S.258 -Referred to Local Government

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to weekly
benefit periods that commence after January 1, 2013.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2454--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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
which  an  injured volunteer firefighter who is disabled due to the loss

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05367-02-2

S. 2454--A                          2

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 THIRTEEN SHALL BE ADJUSTED YEARLY ON FEBRU-
ARY 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, 2013.

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