NY State Senate Bill 2013-S5231B

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 24, 2014	print number 5231b
Mar 24, 2014	amend and recommit to local government
Jan 08, 2014	referred to local government
May 24, 2013	print number 5231a
May 24, 2013	amend and recommit to local government
May 14, 2013	referred to local government

Bill Amendments

Original

B (Active)

2013-S5231 - Details

See Assembly Version of this Bill:: A6689
Current Committee:: Senate Local Government
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Amd §§8 & 9, Vol Ffs Ben L; amd §§8 & 9, Vol Amb Wkr Ben L

2013-S5231 - Summary

Increases permanent and temporary total disability benefits.

2013-S5231 - Sponsor Memo

2013-S5231 - Bill Text download pdf

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

                                  5231

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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 permanent and
  temporary 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]  SIX  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 conclu-
sive 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 week-
ly  benefit  shall not be in excess of [six hundred] NINE HUNDRED SEVEN-
TY-FIVE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09699-05-3

S. 5231                             2

legs, or any two thereof would otherwise be entitled to under any  other
provisions of this article.
  S  2. Section 9 of the volunteer firefighters' benefit law, as amended
by chapter 924 of the laws of 1990, is amended to read as follows:
  S 9. Temporary total disability benefits. In  the  case  of  temporary
total  disability  the  volunteer  firefighter shall be paid one hundred
twenty-five dollars  for  each  week  during  the  continuance  thereof;
provided, however, that when the volunteer firefighter is injured in the
line  of  duty on or after July first, nineteen hundred seventy-eight to
December thirty-first, nineteen hundred seventy-eight, said  firefighter
shall receive one hundred eighty dollars per week during the continuance
thereof;  and  further  provided, that when the volunteer firefighter is
injured in the line of duty on or after January first, nineteen  hundred
seventy-nine  to  June  thirtieth,  nineteen  hundred eighty-three, said
firefighter shall receive two hundred fifteen dollars  per  week  during
the  continuance  thereof; and further provided, that when the volunteer
firefighter is injured in the line of duty on or after July first, nine-
teen hundred eighty-three to June thirtieth,  nineteen  hundred  eighty-
four,  said firefighter shall receive two hundred fifty-five dollars per
week during the continuance thereof; and further provided, that when the
volunteer firefighter is injured in the line of duty on  or  after  July
first,  nineteen hundred eighty-four to June thirtieth, nineteen hundred
eighty-five, said firefighter shall  receive  two  hundred  seventy-five
dollars  per  week during the continuance thereof; and further provided,
that when the volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred eighty-five to June thirtieth,  nine-
teen  hundred  ninety,  said  firefighter  shall  receive  three hundred
dollars per week during the continuance thereof; and  further  provided,
that when the volunteer firefighter is injured in the line of duty on or
after  July  first,  nineteen hundred ninety to June thirtieth, nineteen
hundred ninety-one, said firefighter shall receive three  hundred  forty
dollars  per  week during the continuance thereof; and further provided,
that when a volunteer firefighter is injured in the line of duty  on  or
after  July  first, nineteen hundred ninety-one to June thirtieth, nine-
teen hundred ninety-two, said firefighter shall  receive  three  hundred
fifty  dollars  per  week  during  the  continuance thereof; and further
provided, that when a volunteer firefighter is injured in  the  line  of
duty on or after July first, nineteen hundred ninety-two TO JUNE THIRTI-
ETH,  TWO THOUSAND THIRTEEN, said firefighter shall receive four hundred
dollars per week during the continuance thereof  AND  FURTHER  PROVIDED,
THAT  WHEN  A VOLUNTEER FIREFIGHTER IS INJURED IN THE LINE OF DUTY ON OR
AFTER JULY FIRST, TWO THOUSAND THIRTEEN, SAID FIREFIGHTER SHALL  RECEIVE
SIX  HUNDRED  FIFTY  DOLLARS  DURING THE CONTINUANCE THEREOF.  Temporary
total disability, within the meaning of this section, shall  exist  only
if  the  earning  capacity  of  the  volunteer firefighter has been lost
temporarily and totally as the result of the injury. In case  of  tempo-
rary  total  disability  and permanent partial disability both resulting
from the same injury, if the temporary total disability continues for  a
longer period than the number of weeks set forth in the following sched-
ule,  the  period of temporary total disability in excess of such number
of weeks shall be added to the period provided in section  ten  of  this
article:  arm,  thirty-two  weeks;  leg,  forty  weeks; hand, thirty-two
weeks; foot, thirty-two  weeks;  ear,  twenty-five  weeks;  eye,  twenty
weeks;  thumb,  twenty-four  weeks;  first finger, eighteen weeks; great
toe, twelve weeks; second finger,  twelve  weeks;  third  finger,  eight
weeks;  fourth  finger,  eight  weeks;  toe  other than great toe, eight

S. 5231                             3

weeks. In any case resulting in loss or partial loss of use of arm, leg,
hand, foot, ear, eye, thumb, finger or toe, where  the  temporary  total
disability  does  not extend beyond the periods above mentioned for such
injury,  benefits  shall be limited to the schedule contained in section
ten of this article.
  S 3. 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] SIX 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 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 conclu-
sive  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 bene-
fit shall not be in excess of [six hundred]  NINE  HUNDRED  SEVENTY-FIVE
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  4.  Section  9  of the volunteer ambulance workers' benefit law, as
amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
follows:
  S 9. Temporary  total  disability  benefits.  In the case of temporary
total disability the volunteer ambulance  worker  shall  be  paid  three
hundred  dollars for each week during the continuance thereof; provided,
however, that when the volunteer ambulance worker is injured in the line
of duty on or after the effective date of this chapter to  June  thirti-
eth,  nineteen hundred ninety; further provided, that when the volunteer
ambulance worker is injured in the line of duty on or after July  first,
nineteen  hundred ninety to June thirtieth, nineteen hundred ninety-one,
said ambulance worker shall receive three hundred forty dollars per week
during the continuance thereof, and further provided, that when a volun-
teer ambulance worker is injured in the line of duty on  or  after  July
first,  nineteen  hundred ninety-one to June thirtieth, nineteen hundred
ninety-two TO JUNE THIRTIETH,  TWO  THOUSAND  THIRTEEN,  said  ambulance
worker  shall  receive  three  hundred fifty dollars per week during the
continuance thereof; provided further that when  a  volunteer  ambulance
worker  is  injured in the line of duty on or after July first, nineteen
hundred ninety-two such ambulance worker  shall  be  paid  four  hundred
dollars  for  each  week during the continuance thereof PROVIDED FURTHER
THAT WHEN A VOLUNTEER AMBULANCE WORKER IS INJURED IN THE LINE OF DUTY ON
OR AFTER JULY FIRST, TWO THOUSAND THIRTEEN SUCH AMBULANCE  WORKER  SHALL
BE  PAID  SIX HUNDRED FIFTY DOLLARS FOR EACH WEEK DURING THE CONTINUANCE
THEREOF.   Temporary  total  disability,  within  the  meaning  of  this

S. 5231                             4

section, shall exist only if the earning capacity of the volunteer ambu-
lance  worker has been lost temporarily and totally as the result of the
injury. In case of temporary  total  disability  and  permanent  partial
disability  both  resulting from the same injury, if the temporary total
disability continues for a longer period than the number  of  weeks  set
forth in the following schedule, the period of temporary total disabili-
ty  in  excess  of  such  number  of  weeks shall be added to the period
provided in section ten  of  this  [chapter]  ARTICLE:  arm,  thirty-two
weeks; leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks;
ear,  twenty-five  weeks;  eye,  twenty weeks; thumb, twenty-four weeks;
first finger, eighteen weeks; great toe, twelve  weeks;  second  finger,
twelve weeks; third finger, eight weeks, fourth finger, eight weeks; toe
other  than  great  toe,  eight  weeks. In any case resulting in loss or
partial loss of use of arm, leg, hand, foot, ear, eye, thumb, finger  or
toe,  where  the  temporary  total disability does not extend beyond the
periods above mentioned for such injury, benefits shall  be  limited  to
the schedule contained in section ten of this [chapter] ARTICLE.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

2013-S5231A - Details

See Assembly Version of this Bill:: A6689
Current Committee:: Senate Local Government
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Amd §§8 & 9, Vol Ffs Ben L; amd §§8 & 9, Vol Amb Wkr Ben L

2013-S5231A - Summary

Increases permanent and temporary total disability benefits.

2013-S5231A - Sponsor Memo

2013-S5231A - Bill Text download pdf

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

                                 5231--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
  teer  ambulance  workers'  benefit  law,  in relation to permanent and
  temporary 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]  SIX  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 conclu-
sive 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 week-
ly  benefit  shall not be in excess of [six hundred] NINE HUNDRED SEVEN-
TY-FIVE dollars; and further  provided  that  the  application  of  this
section  shall  not  result  in  reduction  of benefits which an injured

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09699-07-3

S. 5231--A                          2

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.
  S  2. Section 9 of the volunteer firefighters' benefit law, as amended
by chapter 924 of the laws of 1990, is amended to read as follows:
  S 9. Temporary total disability benefits. In  the  case  of  temporary
total  disability  the  volunteer  firefighter shall be paid one hundred
twenty-five dollars  for  each  week  during  the  continuance  thereof;
provided, however, that when the volunteer firefighter is injured in the
line  of  duty on or after July first, nineteen hundred seventy-eight to
December thirty-first, nineteen hundred seventy-eight, said  firefighter
shall receive one hundred eighty dollars per week during the continuance
thereof;  and  further  provided, that when the volunteer firefighter is
injured in the line of duty on or after January first, nineteen  hundred
seventy-nine  to  June  thirtieth,  nineteen  hundred eighty-three, said
firefighter shall receive two hundred fifteen dollars  per  week  during
the  continuance  thereof; and further provided, that when the volunteer
firefighter is injured in the line of duty on or after July first, nine-
teen hundred eighty-three to June thirtieth,  nineteen  hundred  eighty-
four,  said firefighter shall receive two hundred fifty-five dollars per
week during the continuance thereof; and further provided, that when the
volunteer firefighter is injured in the line of duty on  or  after  July
first,  nineteen hundred eighty-four to June thirtieth, nineteen hundred
eighty-five, said firefighter shall  receive  two  hundred  seventy-five
dollars  per  week during the continuance thereof; and further provided,
that when the volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred eighty-five to June thirtieth,  nine-
teen  hundred  ninety,  said  firefighter  shall  receive  three hundred
dollars per week during the continuance thereof; and  further  provided,
that when the volunteer firefighter is injured in the line of duty on or
after  July  first,  nineteen hundred ninety to June thirtieth, nineteen
hundred ninety-one, said firefighter shall receive three  hundred  forty
dollars  per  week during the continuance thereof; and further provided,
that when a volunteer firefighter is injured in the line of duty  on  or
after  July  first, nineteen hundred ninety-one to June thirtieth, nine-
teen hundred ninety-two, said firefighter shall  receive  three  hundred
fifty  dollars  per  week  during  the  continuance thereof; and further
provided, that when a volunteer firefighter is injured in  the  line  of
duty  on  or  after  July first, nineteen hundred ninety-two TO DECEMBER
THIRTY-FIRST, TWO THOUSAND THIRTEEN, said firefighter shall receive four
hundred dollars per week during  the  continuance  thereof  AND  FURTHER
PROVIDED,  THAT  WHEN  A VOLUNTEER FIREFIGHTER IS INJURED IN THE LINE OF
DUTY ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, SAID  FIREFIGHTER
SHALL  RECEIVE SIX HUNDRED FIFTY DOLLARS DURING THE CONTINUANCE THEREOF.
Temporary total disability, within the meaning of  this  section,  shall
exist only if the earning capacity of the volunteer firefighter has been
lost  temporarily  and  totally  as the result of the injury. In case of
temporary total disability and permanent partial disability both result-
ing from the same injury, if the temporary  total  disability  continues
for  a longer period than the number of weeks set forth in the following
schedule, the period of temporary total disability  in  excess  of  such
number  of weeks shall be added to the period provided in section ten of
this article: arm, thirty-two weeks; leg, forty weeks; hand,  thirty-two
weeks;  foot,  thirty-two  weeks;  ear,  twenty-five  weeks; eye, twenty
weeks; thumb, twenty-four weeks; first  finger,  eighteen  weeks;  great

S. 5231--A                          3

toe,  twelve  weeks;  second  finger,  twelve weeks; third finger, eight
weeks; fourth finger, eight weeks;  toe  other  than  great  toe,  eight
weeks. In any case resulting in loss or partial loss of use of arm, leg,
hand,  foot,  ear,  eye, thumb, finger or toe, where the temporary total
disability does not extend beyond the periods above mentioned  for  such
injury,  benefits  shall be limited to the schedule contained in section
ten of this article.
  S 3. 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] SIX 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 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 conclu-
sive  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 bene-
fit shall not be in excess of [six hundred]  NINE  HUNDRED  SEVENTY-FIVE
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  4.  Section  9  of the volunteer ambulance workers' benefit law, as
amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
follows:
  S 9. Temporary  total  disability  benefits.  In the case of temporary
total disability the volunteer ambulance  worker  shall  be  paid  three
hundred  dollars for each week during the continuance thereof; provided,
however, that when the volunteer ambulance worker is injured in the line
of duty on or after the effective date of this chapter to  June  thirti-
eth,  nineteen hundred ninety; further provided, that when the volunteer
ambulance worker is injured in the line of duty on or after July  first,
nineteen  hundred ninety to June thirtieth, nineteen hundred ninety-one,
said ambulance worker shall receive three hundred forty dollars per week
during the continuance thereof, and further provided, that when a volun-
teer ambulance worker is injured in the line of duty on  or  after  July
first,  nineteen  hundred ninety-one to June thirtieth, nineteen hundred
ninety-two TO DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN,  said  ambu-
lance  worker  shall receive three hundred fifty dollars per week during
the continuance thereof; provided further that when  a  volunteer  ambu-
lance  worker  is  injured  in  the line of duty on or after July first,
nineteen hundred ninety-two such ambulance worker  shall  be  paid  four
hundred  dollars  for  each week during the continuance thereof PROVIDED
FURTHER THAT WHEN A VOLUNTEER AMBULANCE WORKER IS INJURED IN THE LINE OF
DUTY ON OR AFTER JANUARY FIRST, TWO  THOUSAND  FOURTEEN  SUCH  AMBULANCE

S. 5231--A                          4

WORKER  SHALL BE PAID SIX HUNDRED FIFTY DOLLARS FOR EACH WEEK DURING THE
CONTINUANCE THEREOF.  Temporary total disability, within the meaning  of
this  section, shall exist only if the earning capacity of the volunteer
ambulance  worker has been lost temporarily and totally as the result of
the injury. In case of temporary total disability and permanent  partial
disability  both  resulting from the same injury, if the temporary total
disability continues for a longer period than the number  of  weeks  set
forth in the following schedule, the period of temporary total disabili-
ty  in  excess  of  such  number  of  weeks shall be added to the period
provided in section ten  of  this  [chapter]  ARTICLE:  arm,  thirty-two
weeks; leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks;
ear,  twenty-five  weeks;  eye,  twenty weeks; thumb, twenty-four weeks;
first finger, eighteen weeks; great toe, twelve  weeks;  second  finger,
twelve weeks; third finger, eight weeks, fourth finger, eight weeks; toe
other  than  great  toe,  eight  weeks. In any case resulting in loss or
partial loss of use of arm, leg, hand, foot, ear, eye, thumb, finger  or
toe,  where  the  temporary  total disability does not extend beyond the
periods above mentioned for such injury, benefits shall  be  limited  to
the schedule contained in section ten of this [chapter] ARTICLE.
  S 5. This act shall take effect on January 1, 2014.

2013-S5231B (ACTIVE) - Details

See Assembly Version of this Bill:: A6689
Current Committee:: Senate Local Government
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Amd §§8 & 9, Vol Ffs Ben L; amd §§8 & 9, Vol Amb Wkr Ben L

2013-S5231B (ACTIVE) - Summary

Increases permanent and temporary total disability benefits.

2013-S5231B (ACTIVE) - Sponsor Memo

2013-S5231B (ACTIVE) - Bill Text download pdf

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

                                 5231--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted 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 and the volun-
  teer ambulance workers' benefit law,  in  relation  to  permanent  and
  temporary 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] SIX 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 conclu-
sive  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 week-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09699-08-4

S. 5231--B                          2

ly benefit shall not be in excess of [six hundred] NINE  HUNDRED  SEVEN-
TY-FIVE  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.
  S 2. Section 9 of the volunteer firefighters' benefit law, as  amended
by chapter 924 of the laws of 1990, is amended to read as follows:
  S 9. Temporary  total  disability  benefits.  In the case of temporary
total disability the volunteer firefighter shall  be  paid  one  hundred
twenty-five  dollars  for  each  week  during  the  continuance thereof;
provided, however, that when the volunteer firefighter is injured in the
line of duty on or after July first, nineteen hundred  seventy-eight  to
December  thirty-first, nineteen hundred seventy-eight, said firefighter
shall receive one hundred eighty dollars per week during the continuance
thereof; and further provided, that when the  volunteer  firefighter  is
injured  in the line of duty on or after January first, nineteen hundred
seventy-nine to June  thirtieth,  nineteen  hundred  eighty-three,  said
firefighter  shall  receive  two hundred fifteen dollars per week during
the continuance thereof; and further provided, that when  the  volunteer
firefighter is injured in the line of duty on or after July first, nine-
teen  hundred  eighty-three  to June thirtieth, nineteen hundred eighty-
four, said firefighter shall receive two hundred fifty-five dollars  per
week during the continuance thereof; and further provided, that when the
volunteer  firefighter  is  injured in the line of duty on or after July
first, nineteen hundred eighty-four to June thirtieth, nineteen  hundred
eighty-five,  said  firefighter  shall  receive two hundred seventy-five
dollars per week during the continuance thereof; and  further  provided,
that when the volunteer firefighter is injured in the line of duty on or
after  July first, nineteen hundred eighty-five to June thirtieth, nine-
teen hundred  ninety,  said  firefighter  shall  receive  three  hundred
dollars  per  week during the continuance thereof; and further provided,
that when the volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred ninety to  June  thirtieth,  nineteen
hundred  ninety-one,  said firefighter shall receive three hundred forty
dollars per week during the continuance thereof; and  further  provided,
that  when  a volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred ninety-one to June  thirtieth,  nine-
teen  hundred  ninety-two,  said firefighter shall receive three hundred
fifty dollars per week  during  the  continuance  thereof;  and  further
provided,  that  when  a volunteer firefighter is injured in the line of
duty on or after July first, nineteen  hundred  ninety-two  TO  DECEMBER
THIRTY-FIRST, TWO THOUSAND FOURTEEN, said firefighter shall receive four
hundred  dollars  per  week  during the continuance thereof; AND FURTHER
PROVIDED, THAT WHEN A VOLUNTEER FIREFIGHTER IS INJURED IN  THE  LINE  OF
DUTY  ON  OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, SAID FIREFIGHTER
SHALL RECEIVE SIX HUNDRED FIFTY DOLLARS DURING THE CONTINUANCE  THEREOF.
Temporary  total  disability,  within the meaning of this section, shall
exist only if the earning capacity of the volunteer firefighter has been
lost temporarily and totally as the result of the  injury.  In  case  of
temporary total disability and permanent partial disability both result-
ing  from  the  same injury, if the temporary total disability continues
for a longer period than the number of weeks set forth in the  following
schedule,  the  period  of  temporary total disability in excess of such
number of weeks shall be added to the period provided in section ten  of

S. 5231--B                          3

this  article: arm, thirty-two weeks; leg, forty weeks; hand, thirty-two
weeks; foot, thirty-two  weeks;  ear,  twenty-five  weeks;  eye,  twenty
weeks;  thumb,  twenty-four  weeks;  first finger, eighteen weeks; great
toe,  twelve  weeks;  second  finger,  twelve weeks; third finger, eight
weeks; fourth finger, eight weeks;  toe  other  than  great  toe,  eight
weeks. In any case resulting in loss or partial loss of use of arm, leg,
hand,  foot,  ear,  eye, thumb, finger or toe, where the temporary total
disability does not extend beyond the periods above mentioned  for  such
injury,  benefits  shall be limited to the schedule contained in section
ten of this article.
  S 3. 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] SIX 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 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 conclu-
sive  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 bene-
fit shall not be in excess of [six hundred]  NINE  HUNDRED  SEVENTY-FIVE
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  4.  Section  9  of the volunteer ambulance workers' benefit law, as
amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
follows:
  S 9. Temporary  total  disability  benefits.  In the case of temporary
total disability the volunteer ambulance  worker  shall  be  paid  three
hundred  dollars for each week during the continuance thereof; provided,
however, that when the volunteer ambulance worker is injured in the line
of duty on or after the effective date of this chapter to  June  thirti-
eth,  nineteen hundred ninety; further provided, that when the volunteer
ambulance worker is injured in the line of duty on or after July  first,
nineteen  hundred ninety to June thirtieth, nineteen hundred ninety-one,
said ambulance worker shall receive three hundred forty dollars per week
during the continuance thereof, and further provided, that when a volun-
teer ambulance worker is injured in the line of duty on  or  after  July
first,  nineteen  hundred ninety-one to June thirtieth, nineteen hundred
ninety-two, said ambulance worker  shall  receive  three  hundred  fifty
dollars  per  week during the continuance thereof; provided further that
when a volunteer ambulance worker is injured in the line of duty  on  or
after  July first, nineteen hundred ninety-two TO DECEMBER THIRTY-FIRST,
TWO THOUSAND FOURTEEN such ambulance worker shall be paid  four  hundred

S. 5231--B                          4

dollars  for  each week during the continuance thereof; PROVIDED FURTHER
THAT WHEN A VOLUNTEER AMBULANCE WORKER IS INJURED IN THE LINE OF DUTY ON
OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN SUCH AMBULANCE WORKER SHALL
BE  PAID  SIX HUNDRED FIFTY DOLLARS FOR EACH WEEK DURING THE CONTINUANCE
THEREOF.   Temporary  total  disability,  within  the  meaning  of  this
section, shall exist only if the earning capacity of the volunteer ambu-
lance  worker has been lost temporarily and totally as the result of the
injury. In case of temporary  total  disability  and  permanent  partial
disability  both  resulting from the same injury, if the temporary total
disability continues for a longer period than the number  of  weeks  set
forth in the following schedule, the period of temporary total disabili-
ty  in  excess  of  such  number  of  weeks shall be added to the period
provided in section ten  of  this  [chapter]  ARTICLE:  arm,  thirty-two
weeks; leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks;
ear,  twenty-five  weeks;  eye,  twenty weeks; thumb, twenty-four weeks;
first finger, eighteen weeks; great toe, twelve  weeks;  second  finger,
twelve weeks; third finger, eight weeks, fourth finger, eight weeks; toe
other  than  great  toe,  eight  weeks. In any case resulting in loss or
partial loss of use of arm, leg, hand, foot, ear, eye, thumb, finger  or
toe,  where  the  temporary  total disability does not extend beyond the
periods above mentioned for such injury, benefits shall  be  limited  to
the schedule contained in section ten of this [chapter] ARTICLE.
  S 5. This act shall take effect on January 1, 2015.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S5231B

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

2013-S5231 - Details

2013-S5231 - Summary

2013-S5231 - Sponsor Memo

2013-S5231 - Bill Text download pdf

2013-S5231A - Details

2013-S5231A - Summary

2013-S5231A - Sponsor Memo

2013-S5231A - Bill Text download pdf

2013-S5231B (ACTIVE) - Details

2013-S5231B (ACTIVE) - Summary

2013-S5231B (ACTIVE) - Sponsor Memo

2013-S5231B (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2013-S5231B

Senate Bill S5231B

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

2013-S5231 - Details

2013-S5231 - Summary

2013-S5231 - Sponsor Memo

2013-S5231 - Bill Text download pdf

2013-S5231A - Details

2013-S5231A - Summary

2013-S5231A - Sponsor Memo

2013-S5231A - Bill Text download pdf

2013-S5231B (ACTIVE) - Details

2013-S5231B (ACTIVE) - Summary

2013-S5231B (ACTIVE) - Sponsor Memo

2013-S5231B (ACTIVE) - Bill Text download pdf

Comments