Assembly Bill A5928A

2013-2014 Legislative Session

Relates to permanent total disability benefits received by disabled volunteer firefighters

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Archive: Last Bill Status - In Assembly 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

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A5928 - Details

See Senate Version of this Bill:
S3938
Current Committee:
Assembly Local Governments
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd §§8 & 51, Vol Ffs Ben L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4444, S528
2011-2012: A3194, S2454
2015-2016: S1000

2013-A5928 - Summary

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

2013-A5928 - Bill Text download pdf

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

                                  5928

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced  by  M.  of  A.  MORELLE, ORTIZ, ZEBROWSKI, GALEF, SWEENEY --
  Multi-Sponsored by -- M.   of  A.  BOYLAND,  CLARK,  COLTON,  GUNTHER,
  LIFTON,  LUPARDO,  MARKEY,  MILLMAN,  RAMOS,  SCHIMMINGER, WEISENBERG,
  WRIGHT -- read once and referred to the Committee on Local Governments

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07006-01-3
              

co-Sponsors

multi-Sponsors

2013-A5928A (ACTIVE) - Details

See Senate Version of this Bill:
S3938
Current Committee:
Assembly Local Governments
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd §§8 & 51, Vol Ffs Ben L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4444, S528
2011-2012: A3194, S2454
2015-2016: S1000

2013-A5928A (ACTIVE) - Summary

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

2013-A5928A (ACTIVE) - Bill Text download pdf

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

                                 5928--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced  by  M. of A. MORELLE, ORTIZ, ZEBROWSKI, GALEF, SWEENEY, KOLB
  -- Multi-Sponsored by -- M. of  A.  CLARK,  COLTON,  GUNTHER,  LIFTON,
  LUPARDO,  MARKEY,  MILLMAN,  RAMOS, SCHIMMINGER, WEISENBERG, WRIGHT --
  read once and referred to the Committee on Local Governments -- recom-
  mitted to the Committee on Local Governments in accordance with Assem-
  bly Rule 3, sec. 2 --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07006-03-4
              

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