S T A T E   O F   N E W   Y O R K
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                                   943

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  PHEFFER, CLARK, COLTON, WEISENBERG, AUBRY --
  Multi-Sponsored by -- M.  of A. ABBATE, CYMBROWITZ, GOTTFRIED,  MAYER-
  SOHN,  MILLMAN,  PRETLOW,  WEINSTEIN  -- read once and referred to the
  Committee on Correction

AN ACT to amend the correction law, in relation to providing death bene-
  fits for the heirs of employees killed in the line of duty

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The correction law is amended by adding a new section 624
to read as follows:
  S 624. DEATH BENEFITS; NON-UNIFORM DEPARTMENT EMPLOYEES KILLED IN  THE
LINE  OF  DUTY.  1.  IN THE EVENT THAT A NON-UNIFORM DEPARTMENT EMPLOYEE
DIES AS THE DIRECT AND PROXIMATE RESULT OF A PERSONAL  INJURY  SUSTAINED
FROM  AN ACT OF VIOLENCE IN THE LINE OF DUTY AT A CORRECTIONAL FACILITY,
HIS OR HER HEIRS SHALL BE  ENTITLED  TO  A  BENEFIT  OF  FIFTY  THOUSAND
DOLLARS  TO  BE  PAID BY THE COMPTROLLER OF THE STATE OF NEW YORK OUT OF
THE TREASURY OF THE STATE OF NEW YORK IN ACCORDANCE WITH RULES AND REGU-
LATIONS ESTABLISHED BY THE COMPTROLLER AS FOLLOWS:
  A. IF THERE IS NO SURVIVING CHILD OF SUCH EMPLOYEE, TO  THE  SURVIVING
SPOUSE OF SUCH EMPLOYEE;
  B.  IF  THERE IS A SURVIVING CHILD OR CHILDREN AND A SURVIVING SPOUSE,
ONE-HALF TO THE SURVIVING CHILD OR CHILDREN OF SUCH  EMPLOYEE  IN  EQUAL
SHARES AND ONE-HALF TO THE SURVIVING SPOUSE;
  C.  IF  THERE IS NO SURVIVING SPOUSE, TO THE CHILD OR CHILDREN OF SUCH
EMPLOYEE IN EQUAL SHARES; OR
  D. IF NONE OF THE ABOVE, TO THE DEPENDENT PARENT OR  PARENTS  OF  SUCH
EMPLOYEE IN EQUAL SHARES.
  2.  WHENEVER  THE  COMPTROLLER  DETERMINES, UPON A SHOWING OF NEED AND
PRIOR TO TAKING FINAL ACTION, THAT THE DEATH OF AN EMPLOYEE IS ONE  WITH
RESPECT  TO  WHICH  A BENEFIT HEREUNDER WILL PROBABLY BE PAID, THE COMP-

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

                                                           LBD00641-01-1

A. 943                              2

TROLLER MAY MAKE AN INTERIM BENEFIT PAYMENT NOT EXCEEDING THREE THOUSAND
DOLLARS TO THE PERSON ENTITLED TO RECEIVE A BENEFIT UNDER THIS SECTION.
  3.  THE  AMOUNT  OF  AN  INTERIM PAYMENT UNDER SUBDIVISION TWO OF THIS
SECTION SHALL BE DEDUCTED FROM THE AMOUNT OF ANY FINAL BENEFIT  PAID  TO
SUCH PERSON.
  4.  WHERE THERE IS NO FINAL BENEFIT PAID, THE RECIPIENT OF ANY INTERIM
PAYMENT UNDER SUBDIVISION TWO OF THIS SECTION SHALL BE LIABLE FOR REPAY-
MENT OF SUCH AMOUNT.   THE COMPTROLLER MAY WAIVE ALL  OR  PART  OF  SUCH
REPAYMENT,  CONSIDERING FOR THIS PURPOSE THE HARDSHIP WHICH WOULD RESULT
FROM SUCH REPAYMENT.
  5. THE BENEFIT PAYABLE UNDER THIS SECTION SHALL BE IN ADDITION TO  ANY
OTHER  BENEFIT  THAT  MAY  BE  DUE  FROM  ANY OTHER SOURCE, BUT SHALL BE
REDUCED BY ANY ENTITLEMENT PURSUANT TO THE PUBLIC SAFETY OFFICERS' BENE-
FITS ACT OF 1976 (42USC3796) AND/OR THE PAYMENTS AUTHORIZED  BY  SECTION
8191 OF TITLE FIVE OF THE UNITED STATES CODE.
  6.  NO  PAYMENT  UNDER  THIS  SECTION SHALL BE SUBJECT TO EXECUTION OR
ATTACHMENT.
  7. NO BENEFIT SHALL BE PAID UNDER THIS SECTION:
  A. IF THE DEATH WAS  CAUSED  BY  THE  INTENTIONAL  MISCONDUCT  OF  THE
EMPLOYEE  OR  BY  SUCH  EMPLOYEE'S  INTENTION  TO BRING ABOUT HIS OR HER
DEATH;
  B. IF VOLUNTARY INTOXICATION OF THE EMPLOYEE WAS A CONTRIBUTING  CAUSE
OF SUCH EMPLOYEE'S DEATH; OR
  C.  TO  ANY  PERSON WHO WOULD OTHERWISE BE ENTITLED TO A BENEFIT UNDER
THIS SECTION IF SUCH PERSON'S ACTIONS WERE  A  SUBSTANTIAL  CONTRIBUTING
FACTOR TO THE DEATH OF THE EMPLOYEE.
  S 2. This act shall take effect immediately.