NY State Senate Bill S888A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 07, 2016	referred to local governments delivered to assembly passed senate
Feb 25, 2016	advanced to third reading
Feb 24, 2016	2nd report cal.
Feb 09, 2016	1st report cal.165
Jan 06, 2016	referred to local government returned to senate died in assembly
Jun 16, 2015	referred to local governments delivered to assembly passed senate
Jun 08, 2015	amended on third reading (t) 888a
May 27, 2015	advanced to third reading
May 20, 2015	2nd report cal.
May 19, 2015	1st report cal.827
Jan 07, 2015	referred to local government

Votes

view votes

Mar 7, 2016 - floor Vote

S888A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 9, 2016 - Local Government committee Vote

S888A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 16, 2015 - floor Vote

S888A

floor

Aye

Nay

Absent

Excused

Abstained

May 19, 2015 - Local Government committee Vote

S888

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S888 - Details

See Assembly Version of this Bill:: A1061
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Add §7-b, Vol Ffs Ben L; add §7-b, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A963
2011-2012: S7196, A123
2013-2014: S683, A1152
2017-2018: S1195, A1451
2019-2020: S3057, A550
2021-2022: S952, A602

S888 - Summary

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

S888 - Sponsor Memo

BILL NUMBER:S888

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.

S888 - Bill Text download pdf

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

                                   888

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

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.
                                                           LBD01163-01-5

Co-Sponsors

S888A (ACTIVE) - Details

See Assembly Version of this Bill:: A1061
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Add §7-b, Vol Ffs Ben L; add §7-b, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A963
2011-2012: S7196, A123
2013-2014: S683, A1152
2017-2018: S1195, A1451
2019-2020: S3057, A550
2021-2022: S952, A602

S888A (ACTIVE) - Summary

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

S888A (ACTIVE) - Sponsor Memo

BILL NUMBER:S888A

TITLE OF BILL:  An act to amend the volunteer firefighters' benefit
law and the volunteer ambulance workers' 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 and volunteer ambulance worker 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

Section 2 of the bill establishes the payment certain volunteer
ambulance worker death benefits shall be within ninety days of the
filing of application to receive such death benefit.

Sections 1 and 2 of the bill both require the workers' compensation
board to conduct outreach and support services to persons entitled to
the death benefit payable under Section 7 of the VFBL and the VAWBL.

Section 3 sets forth an immediate effective date.

JUSTIFICATION:

Section 7 of the Volunteer Firefighters' Benefit Law (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 legislation will also provide this same protection under Section
7 of the Volunteer Ambulance Workers' Benefit Law (VAWBL).

This measure will also encourage communication and coordination among
the workers' compensation board, volunteer fire and ambulance service
organizations, volunteer firefighters and ambulance workers 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 and VAWBL, this
legislation will encourage communication among the interested parties
and will ensure timely payment of allowable benefits.


LEGISLATIVE HISTORY:  2015, A.1061 (Cahill) 2013-14, S.683/A.1152
(Cahill) 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.10852 (Cahill)

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately

S888A (ACTIVE) - Bill Text download pdf

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

                                 888--A
    Cal. No. 827

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced by Sens. AVELLA, PANEPINTO -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Local Government
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to amend the volunteer firefighters' benefit law and the volun-
  teer ambulance workers' 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, EXCEPT IF THE EMPLOYER OR INSURANCE CARRIER FILES
A NOTICE OF CONTROVERSY WITH THE  CHAIR  OF  THE  WORKERS'  COMPENSATION
BOARD  IN  ACCORDANCE  WITH  SECTION TWENTY-FIVE OF THE WORKERS' COMPEN-
SATION LAW; PROVIDED THAT IF THERE IS A DISCREPANCY  IN  THE  CLAIM  FOR
BENEFITS THAT WOULD PREVENT THE CLAIM FROM BEING PROCESSED WITHIN NINETY
DAYS,  THE  WORKERS'  COMPENSATION BOARD SHALL PROVIDE WRITTEN NOTICE TO
THE CLAIMANT WITHIN SUCH NINETY DAY PERIOD  EXPLAINING  THE  DISCREPANCY
AND WHY THE CLAIM CANNOT BE PROCESSED WITHIN THE NINETY DAY PERIOD.
  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. The volunteer ambulance workers' benefit law is amended by adding
a new section 7-b to read as follows:

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

                                                           LBD01163-02-5

S. 888--A                           2

  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, EXCEPT IF THE EMPLOYER OR INSURANCE CARRIER FILES
A NOTICE OF CONTROVERSY WITH THE  CHAIR  OF  THE  WORKERS'  COMPENSATION
BOARD  IN  ACCORDANCE  WITH  SECTION TWENTY-FIVE OF THE WORKERS' COMPEN-
SATION LAW; PROVIDED THAT IF THERE IS A DISCREPANCY  IN  THE  CLAIM  FOR
BENEFITS THAT WOULD PREVENT THE CLAIM FROM BEING PROCESSED WITHIN NINETY
DAYS,  THE  WORKERS'  COMPENSATION BOARD SHALL PROVIDE WRITTEN NOTICE TO
THE CLAIMANT WITHIN SUCH NINETY DAY PERIOD  EXPLAINING  THE  DISCREPANCY
AND WHY THE CLAIM CANNOT BE PROCESSED WITHIN THE NINETY DAY PERIOD.
  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 3. This act shall take effect immediately.

Comments

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The New York State Senate

senate Bill S888A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 7, 2016 - floor Vote

Floor Vote: Mar 7, 2016

Feb 9, 2016 - Local Government committee Vote

Local Government Committee Vote: Feb 9, 2016

Jun 16, 2015 - floor Vote

Floor Vote: Jun 16, 2015

May 19, 2015 - Local Government committee Vote

Committee Vote: May 19, 2015

Bill Amendments

Co-Sponsors

S888 - Details

S888 - Summary

S888 - Sponsor Memo

S888 - Bill Text download pdf

Co-Sponsors

S888A (ACTIVE) - Details

S888A (ACTIVE) - Summary

S888A (ACTIVE) - Sponsor Memo

S888A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S888A

Share this bill

Sponsored By

Tony Avella

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 7, 2016 - floor Vote

Floor Vote: Mar 7, 2016

Feb 9, 2016 - Local Government committee Vote

Local Government Committee Vote: Feb 9, 2016

Jun 16, 2015 - floor Vote

Floor Vote: Jun 16, 2015

May 19, 2015 - Local Government committee Vote

Committee Vote: May 19, 2015

Bill Amendments

Co-Sponsors

Marc Panepinto

S888 - Details

S888 - Summary

S888 - Sponsor Memo

S888 - Bill Text download pdf

Co-Sponsors

Marc Panepinto

Joseph E. Robach

S888A (ACTIVE) - Details

S888A (ACTIVE) - Summary

S888A (ACTIVE) - Sponsor Memo

S888A (ACTIVE) - Bill Text download pdf

Comments