senate Bill S683

2013-2014 Legislative Session

Establishes the payment of certain volunteer firefighter death benefits shall be within ninety days of the filing of application to receive such death benefit

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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 08, 2014 referred to local government
Jan 09, 2013 referred to local government

S683 - Bill Details

See Assembly Version of this Bill:
A1152
Current Committee:
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Add ยง7-b, Vol Ffs Ben L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7196, A123
2009-2010: A963

S683 - Bill Texts

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Establishes the payment of certain volunteer firefighter death benefits shall be within ninety days of the filing of application to receive such death benefit by the person or persons entitled to such benefit.

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BILL NUMBER:S683

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

PURPOSE OR GENERAL IDEA OF THE BILL:
To establish the payment of
certain volunteer firefighter death benefits to be paid within ninety
days of the filing of application to receive such death benefits.

SUMMARY OF PROVISIONS:
Section 1 of the bill establishes the payment of certain volunteer
firefighter death benefits shall be within ninety days of the filing
of application to receive such death benefit.

Subsection 2 of the bill requires the compensation board to conduct
outreach and support services to persons entitled to the death
benefit payable under Section 7 of the VFBL.

JUSTIFICATION:
Section 7 of the VFBL provides a death benefit of $50,000 for
volunteer firefighters who die in the line of duty. Over the years,
there have been a number of instances in which payment of the VFBL
death benefits were delayed. These delays only cause significant
hardship (financial and otherwise) for the beneficiary of the
volunteer firefighter. It has been documented that in certain cases
beneficiaries have waited over 6 months to receive payment of benefit.
In at least one instance, a widow had to wait two and a half years
before being compensated and almost lost her house as a result. This
legislation will assist surviving spouses and beneficiaries through
the claims process and mandate that payment of benefits be made
available within 90 days upon the filing of application.

This measure will also encourage communication and coordination among
the workers' compensation board, volunteer fire service
organizations, volunteer firefighters and their families. While it is
clear that some period of time is required in order to determine
whether a death or injury occurred in the line of duty, excessive
delays in payment only create significant frustration and anguish to
the family of the volunteer firefighter. By including these minor
additional parameters to the VFBL, this legislation will encourage
communication among the interested parties and will ensure timely
payment of allowable benefits.

LEGISLATIVE HISTORY:
2011-12: S.7196/A.0123 (Cahill)
2009-10: A.0963 (Cahill)
2007-08: A.7854 (Cahill)
2005-06: S.602 (Bonacic)/A.7247 (Cahill)
2003-04: S.6539 (Bonacic)/A.0852( Cahill)

FISCAL IMPLICATIONS:
None.


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
________________________________________________________________________

                                   683

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- 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 death benefits

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

  Section 1. The volunteer  firefighters'  benefit  law  is  amended  by
adding a new section 7-b to read as follows:
  S  7-B. PAYMENT OF DEATH BENEFITS. 1. ALL DEATH BENEFITS PAYABLE UNDER
SECTION SEVEN OF THIS ARTICLE SHALL BE PAID TO  THE  PERSON  OR  PERSONS
ENTITLED  TO  SUCH BENEFIT WITHIN NINETY DAYS OF THE DATE SUCH PERSON OR
PERSONS FILES AN APPLICATION WITH THE  WORKERS'  COMPENSATION  BOARD  TO
RECEIVE SUCH BENEFIT.
  2.  THE WORKERS' COMPENSATION BOARD SHALL CONDUCT OUTREACH SERVICES TO
PROVIDE COORDINATED INFORMATION TO THE PERSON OR PERSONS ENTITLED  TO  A
DEATH  BENEFIT  PAYABLE  UNDER  SECTION  SEVEN OF THIS ARTICLE REGARDING
ASSISTANCE AVAILABLE TO HELP SUCH PERSON OR PERSONS WITH THE DEATH BENE-
FIT PROGRAM'S APPLICATION PROCEDURES.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03408-01-3

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