S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5201
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by M. of A. KEARNS -- Multi-Sponsored by -- M. of A. JOYNER,
   RAIA -- read once and referred to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   for  cost-of-living  adjustments  to  death  benefits  and  increasing
   certain wage percentages for calculation of benefits

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 16 of the workers' compensation law, as amended by
 chapter 550 of the laws of 1978, subdivision 1 as amended by chapter 245
 of the laws of 2005, subdivisions 1-a, 1-b, 1-c, 2,  3,  3-a  and  4  as
 amended  by chapter 168 of the laws of 1979, subdivisions 1-d, 2-b, 3-b,
 4-c and 4-d as added and subdivision 5 as amended by chapter 689 of  the
 laws  of  2007, subdivision 2-a as amended by chapter 174 of the laws of
 1981, subdivision 4-a as amended by chapter 509 of the laws of 1985  and
 subdivision  4-b as added by chapter 296 of the laws of 1990, is amended
 to read as follows:
   § 16. Death benefits. If the injury  causes  death,  the  compensation
 shall be known as a death benefit and shall be payable in the amount and
 to or for the benefit of the persons following:
   1.  Funeral expenses. The chair shall prepare and establish a schedule
 for the state or schedules limited  to  defined  localities  of  maximum
 charges  and fees for such funeral expenses, to be determined in accord-
 ance with, and to be subject to change pursuant to[,] rules  promulgated
 by  the chair. Before preparing such schedule for the state or schedules
 for limited localities, the chair shall request the president of the New
 York state funeral directors' association  to  submit  to  the  chair  a
 report  on  the  amount of remuneration deemed by such association to be
 fair and adequate for the types of funeral services rendered under  this
 chapter,  but  consideration  shall  also be given to the views of other
 interested parties.  The  amounts  payable  by  the  employer  for  such
 services  shall  be the actual fees and charges up to the maximum estab-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09336-01-7

 A. 5201                             2
 
 lished by such schedule. Provided, however, no such schedule of  charges
 and  fees shall apply where a firefighter dies from injuries received in
 the line of duty as a direct result of firefighting or  where  a  police
 officer  dies  from  injuries  received  in the line of duty as a direct
 result of law enforcement activities, where such  funeral  expenses  are
 reasonable.  If such funeral expenses shall have been paid by the claim-
 ants entitled to compensation under  this  section  or  by  others,  the
 funeral  expenses  awarded  shall  be  made payable to such claimants or
 others, otherwise they shall be made payable to the undertaker who shall
 have provided burial. Funeral expenses shall be awarded in case  of  all
 injuries  causing  death  including  cases in which there are no persons
 entitled to other compensation under this chapter.
   1-a. For the purpose of this section, (1) the term "dependent blind or
 physically disabled" as used herein in relation  to  dependent  children
 shall  be  deemed  to mean totally blind or physically disabled children
 whose disablement is  total  and  permanent,  (2)  the  term  "surviving
 spouse" shall be deemed to mean the legal spouse but shall not include a
 spouse  who  has  abandoned  the  deceased, and (3) the term "abandoned"
 shall be deemed to mean such an abandonment as would be sufficient under
 section two hundred of the domestic relations law to sustain a  judgment
 of  separation on that ground PROVIDED THAT A SPOUSE WHO RECONCILED WITH
 THE DECEASED PRIOR TO THE DATE OF THE DEATH SHALL NOT BE  CONSIDERED  TO
 HAVE ABANDONED THE DECEASED.
   1-b. If there be a surviving spouse and no child of the deceased under
 the  age  of  eighteen  years and no child of any age dependent blind or
 physically disabled, and the death occurs on or after July first,  nine-
 teen  hundred  forty-eight, and prior to January first, nineteen hundred
 seventy-eight, to such spouse forty per centum of the average  wages  of
 the  deceased,  TOGETHER  WITH  APPLICABLE  COST-OF-LIVING  ADJUSTMENTS,
 during widowhood or widowerhood with two years' compensation in one sum,
 upon remarriage; and where the death occurred prior to July first, nine-
 teen hundred forty-eight, to such wife (or dependent husband) thirty per
 centum of such wages, TOGETHER WITH  APPLICABLE  COST-OF-LIVING  ADJUST-
 MENTS,  during  widowhood  (or  dependent  widowerhood)  with two years'
 compensation in one sum, upon remarriage.
   1-c. If there be a surviving spouse and no child of the deceased under
 the age of eighteen years or under the  age  of  twenty-three  years  if
 enrolled  and  attending  as a full time student in an accredited educa-
 tional institution and such  enrollment  and  full  time  attendance  is
 certified by such institution and no child of any age dependent blind or
 physically  disabled,  and  the  death occurs on or after January first,
 nineteen hundred seventy-eight,  to  such  spouse  [sixty-six  and  two-
 thirds]  SEVENTY-FIVE  per  centum of the average wages of the deceased,
 TOGETHER WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, during widowhood or
 widowerhood with two years' compensation, in one sum,  upon  remarriage.
 Where  the  death  occurs  on  or  after January first, nineteen hundred
 seventy-eight, and the spouse is receiving the survivors insurance bene-
 fits under the social security act, the death benefit payable under this
 section shall be reduced in accordance with the provisions of table  No.
 1  below  by  five  per  centum  of the spouse's share of the survivor's
 insurance benefits under the social security act for each ten dollars of
 deceased's average weekly wage in excess of one hundred dollars provided
 that in no case shall such reduction exceed fifty  per  centum  of  said
 spouse's  share  of  the  survivors  insurance benefits under the social
 security act.  COST-OF-LIVING ADJUSTMENTS SHALL NOT BE INCLUDED  IN  THE

 A. 5201                             3
 
 CALCULATION OF THE DECEASED'S AVERAGE WEEKLY WAGE FOR PURPOSES OF CALCU-
 LATION OF THE OFFSET REDUCTION.
                                TABLE No. I
 
              Offset provisions applicable in death benefits
                  where there is a sole surviving spouse
 
 AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
                                                       SHARE OF SURVIVORS
                                                       INSURANCE BENEFITS
 
 over $100 up to and including $110 ................................... 5
 over $110 up to and including $120 .................................. 10
 over $120 up to and including $130 .................................. 15
 over $130 up to and including $140 .................................. 20
 over $140 up to and including $150 .................................. 25
 over $150 up to and including $160 .................................. 30
 over $160 up to and including $170 .................................. 35
 over $170 up to and including $180 .................................. 40
 over $180 up to and including $190 .................................. 45
 over $190 up to and including $200 .................................. 50
 over $200 ........................................................... 50
   1-d. If there be a surviving spouse of an employee of a private volun-
 tary  hospital killed in a World Trade Center rescue, who passed a phys-
 ical examination upon employment as  a  rescue  worker  that  failed  to
 reveal  evidence  of  a condition that was the proximate cause of death,
 and no child of the deceased under the age of eighteen years,  or  under
 the  age  of twenty-three years if enrolled and attending as a full-time
 student in an accredited educational institution and such enrollment and
 full-time attendance is certified by such institution, and no  child  of
 any  age dependent blind or physically disabled, to such spouse seventy-
 five per centum of the average wages  of  the  deceased,  TOGETHER  WITH
 APPLICABLE  COST-OF-LIVING ADJUSTMENTS, during widowhood or widowerhood,
 with two years' compensation, in one sum, upon  remarriage.  Where  such
 death  occurs, and the spouse is receiving the survivors insurance bene-
 fits under the social security act, the death benefit payable under this
 section shall be reduced in accordance with the provisions of table  No.
 I  in  subdivision  one-c  of  this  section  by  five per centum of the
 spouse's share of the survivor's insurance  benefits  under  the  social
 security  act  for each ten dollars of deceased's average weekly wage in
 excess of one hundred dollars; provided  that  in  no  case  shall  such
 reduction  exceed  fifty per centum of such spouse's share of the survi-
 vors insurance benefits under the social security act.    COST-OF-LIVING
 ADJUSTMENTS  SHALL  NOT BE INCLUDED IN THE CALCULATION OF THE DECEASED'S
 AVERAGE WEEKLY WAGE FOR PURPOSES OF CALCULATION OF THE OFFSET REDUCTION.
   2. If there be a surviving spouse and a surviving child or children of
 the deceased under the age of eighteen years or  a  surviving  child  or
 children  of  any  age  dependent  blind or physically disabled, and the
 death occurs on or after July first, nineteen hundred  forty-eight,  and
 prior  to  January first, nineteen hundred seventy-eight, to such spouse
 [thirty] FORTY per centum of the average wages of the deceased, TOGETHER
 WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, during widowhood or widower-
 hood with two years' compensation in one sum, upon remarriage;  and  the
 additional  amount  of  [twenty]  THIRTY-FIVE  per centum of such wages,
 TOGETHER WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, for each such child
 until the age of eighteen years or until the removal of  the  dependency

 A. 5201                             4

 of  the  blind  or physically disabled child or children; in case of the
 subsequent death or remarriage of such surviving  spouse  any  surviving
 child  of the deceased employee, at the time under eighteen years of age
 or  dependent  through  mental  or  physical  infirmity,  shall have his
 compensation increased to [thirty] THIRTY-FIVE per centum of such wages,
 TOGETHER WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, and the same  shall
 be  payable until he shall reach the age of eighteen years or until such
 dependent  blind  or  physically  disabled  condition  shall  have  been
 removed;  provided that the total amount payable shall in no case exceed
 [sixty-six and two-thirds] SEVENTY-FIVE per centum of such wages.  COST-
 OF-LIVING ADJUSTMENTS SHALL NOT BE INCLUDED IN THE  CALCULATION  OF  THE
 DECEASED'S  AVERAGE WEEKLY WAGE FOR PURPOSES OF CALCULATION OF THE MAXI-
 MUM AMOUNT PAYABLE. Upon statutory termination of compensation  payments
 to  all such children, the compensation of the surviving spouse shall be
 increased to [forty] SEVENTY-FIVE per centum  of  such  wages,  TOGETHER
 WITH  APPLICABLE  COST-OF-LIVING  ADJUSTMENTS,  with  two years' compen-
 sation, at such rate, in one sum, upon remarriage.
   If there be a surviving wife (or dependent husband)  and  any  of  the
 aforementioned  surviving children, and the death occurred prior to July
 first, nineteen hundred forty-eight, to such wife (or dependent husband)
 [thirty] FORTY per centum of the average wages of the deceased, TOGETHER
 WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, during widowhood (or depend-
 ent widowerhood) with two years' compensation in one  sum,  upon  remar-
 riage;  and  the  additional  amount  of  ten  per centum of such wages,
 TOGETHER WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, for each such child
 until eighteen years of age or until the removal of  the  dependency  of
 the  blind  or  physically  disabled  child  or children; in case of the
 subsequent death or remarriage of  such  surviving  wife  (or  dependent
 husband) any surviving child of the deceased shall have his compensation
 increased  to fifteen per centum of such wages, TOGETHER WITH APPLICABLE
 COST-OF-LIVING ADJUSTMENTS, until he shall reach  the  age  of  eighteen
 years  or  until  such  dependent blind or physically disabled condition
 shall have been removed; provided that the total amount payable shall in
 no case exceed [sixty-six and two-thirds]  SEVENTY-FIVE  per  centum  of
 such  wages.    COST-OF-LIVING  ADJUSTMENTS SHALL NOT BE INCLUDED IN THE
 CALCULATION OF THE DECEASED'S AVERAGE WEEKLY WAGE FOR PURPOSES OF CALCU-
 LATION OF THE MAXIMUM AMOUNT PAYABLE.
   The board may in its discretion require the appointment of a  guardian
 for  the  purpose  of  receiving  the compensation of a minor child or a
 dependent blind or physically disabled child. In the absence of  such  a
 requirement by the board the appointment of a guardian for such purposes
 shall not be necessary.
   2-a.  If  there  be a surviving spouse and a surviving child under the
 age of eighteen years or under the age of twenty-three years if enrolled
 and attending as a full time student in an accredited educational insti-
 tution and such enrollment and full time attendance is certified by such
 institution or a surviving child of any age  dependent  blind  or  phys-
 ically disabled and the death occurs on or after January first, nineteen
 hundred  seventy-eight, to such spouse [thirty-six and two-thirds] FORTY
 per centum of the average wages of the deceased, TOGETHER WITH  APPLICA-
 BLE COST-OF-LIVING ADJUSTMENTS, during widowhood or widowerhood with two
 years'  compensation  in  one sum, upon remarriage; and [thirty] THIRTY-
 FIVE per centum of such wages, TOGETHER WITH  APPLICABLE  COST-OF-LIVING
 ADJUSTMENTS,  to such child under the age of eighteen years or under the
 age of twenty-three years if enrolled  and  attending  as  a  full  time
 student in an accredited educational institution and such enrollment and

 A. 5201                             5
 
 full  time  attendance  is  certified by such institution or a surviving
 child of any age dependent blind or physically disabled; in the case  of
 the  subsequent death of such surviving spouse the surviving child shall
 have  his  compensation increased to [sixty-six and two-thirds] SEVENTY-
 FIVE per centum of such wages, TOGETHER WITH  APPLICABLE  COST-OF-LIVING
 ADJUSTMENTS,  and  the  same shall be payable so long as he is under the
 age of eighteen years or under the age of twenty-three years if enrolled
 and attending as a full time student in an accredited educational insti-
 tution and such enrollment and full time attendance is certified by such
 institution or a surviving child of any age  dependent  blind  or  phys-
 ically  disabled;  upon statutory termination of compensation payable to
 such child, the compensation of the surviving spouse shall be  increased
 to  [sixty-six  and  two-thirds]  SEVENTY-FIVE per centum of such wages,
 TOGETHER WITH APPLICABLE COST-OF-LIVING  ADJUSTMENTS,  with  two  years'
 compensation, at such rate, in one sum, upon remarriage. Upon remarriage
 of  such surviving spouse, the surviving child shall continue to receive
 [thirty] THIRTY-FIVE per centum of such wages, TOGETHER WITH  APPLICABLE
 COST-OF-LIVING  ADJUSTMENTS.  Where the death occurs on or after January
 first, nineteen hundred seventy-eight and the spouse is receiving survi-
 vors insurance benefits under the social security act, the death benefit
 payable under this section shall be reduced by five per  centum  of  the
 spouse's  share  of  the  survivors  insurance benefits under the social
 security act for each ten dollars of deceased's average weekly  wage  in
 excess  of  one  hundred  dollars  provided  that  in no case shall such
 reduction exceed fifty per centum of said spouse's share of  the  survi-
 vors  insurance  benefits  under the social security act as set forth in
 table No. I below.  COST-OF-LIVING ADJUSTMENTS SHALL NOT BE INCLUDED  IN
 THE  CALCULATION  OF  THE DECEASED'S AVERAGE WEEKLY WAGE FOR PURPOSES OF
 CALCULATION OF THE OFFSET REDUCTION.
 
                                TABLE No. I
 
              Offset provisions applicable in death benefits
              where there is a surviving spouse and one child
 
 AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
                                                       SHARE OF SURVIVORS
                                                       INSURANCE BENEFITS
 over $100 up to and including $110 ................................... 5
 over $110 up to and including $120 .................................. 10
 over $120 up to and including $130 .................................. 15
 over $130 up to and including $140 .................................. 20
 over $140 up to and including $150 .................................. 25
 over $150 up to and including $160 .................................. 30
 over $160 up to and including $170 .................................. 35
 over $170 up to and including $180 .................................. 40
 over $180 up to and including $190 .................................. 45
 over $190 up to and including $200 .................................. 50
 over $200 ........................................................... 50
   If there be a surviving spouse and  two  or  more  surviving  children
 under  the  age of eighteen years or under the age of twenty-three years
 if enrolled and attending as a full time student in an accredited educa-
 tional institution and such  enrollment  and  full  time  attendance  is
 certified  by  such  institution or a surviving child or children of any
 age dependent blind or physically disabled and  a  death  occurs  on  or
 after  January  first,  nineteen  hundred  seventy-eight, to such spouse

 A. 5201                             6
 
 [thirty-six and two-thirds] FORTY per centum of the average wage of  the
 deceased,  TOGETHER  WITH  APPLICABLE COST-OF-LIVING ADJUSTMENTS, during
 widowhood or widowerhood with two years' compensation in  one  sum  upon
 remarriage;  and [thirty] THIRTY-FIVE per centum of such wages, TOGETHER
 WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, to such children  under  the
 age of eighteen years or under the age of twenty-three years if enrolled
 and attending as a full time student in an accredited educational insti-
 tution and such enrollment and full time attendance is certified by such
 institution  or a surviving child or children of any age dependent blind
 or physically disabled, share and share alike; in case of the subsequent
 death of such surviving spouse the surviving children shall  have  their
 compensation  increased  to  [sixty-six and two-thirds] SEVENTY-FIVE per
 centum of such wages, TOGETHER WITH  APPLICABLE  COST-OF-LIVING  ADJUST-
 MENTS, and the aggregate sum shall be payable, share and share alike, so
 long  as  they  are  under the age of eighteen years or under the age of
 twenty-three years if enrolled and attending as a full time  student  in
 an  accredited educational institution and such enrollment and full time
 attendance is certified by such institution  or  a  surviving  child  or
 children  of any age dependent blind or physically disabled. Upon remar-
 riage of such surviving spouse, if there be two surviving children  each
 shall receive [twenty-five] THIRTY-SEVEN AND ONE-HALF per centum of such
 wages, TOGETHER WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, and if there
 are  surviving more than two children under the age of eighteen years or
 under the age of twenty-three if enrolled and attending as a  full  time
 student in an accredited educational institution and such enrollment and
 full  time  attendance  is  certified by such institution or a surviving
 child or children of any age  dependent  blind  or  physically  disabled
 [sixty-six  and  two-thirds]  SEVENTY-FIVE  per  centum  of  such wages,
 TOGETHER WITH APPLICABLE COST-OF-LIVING  ADJUSTMENTS,  share  and  share
 alike.  Upon statutory termination of compensation payable to such chil-
 dren, the compensation of the surviving spouse  shall  be  increased  to
 [sixty-six  and  two-thirds]  SEVENTY-FIVE  per  centum  of  such wages,
 TOGETHER WITH APPLICABLE COST-OF-LIVING  ADJUSTMENTS,  with  two  years'
 compensation, at such rate, in one sum, upon remarriage. Where the death
 occurs  on  or  after January first, nineteen hundred seventy-eight, and
 the spouse is receiving survivors insurance benefits  under  the  social
 security  act,  the  death  benefits payable under this section shall be
 reduced by five per centum of the spouse's share of the survivors insur-
 ance benefits under the social security act  for  each  ten  dollars  of
 deceased's  average  weekly  wage in excess of one hundred fifty dollars
 provided that in no case shall such reduction exceed fifty per centum of
 said spouse's share of the survivors insurance benefits under the social
 security act as set forth in table No. II below.  COST-OF-LIVING ADJUST-
 MENTS SHALL NOT BE INCLUDED IN THE CALCULATION OF THE DECEASED'S AVERAGE
 WEEKLY WAGE FOR PURPOSES OF CALCULATION OF THE OFFSET REDUCTION.
 
                               TABLE No. II
 
              Offset provisions applicable in death benefits
        where there is a surviving spouse and two or more children
 
 AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
                                                       SHARE OF SURVIVORS
                                                       INSURANCE BENEFITS
 over $150 up to and including $160 ................................... 5
 over $160 up to and including $170 .................................. 10

 A. 5201                             7

 over $170 up to and including $180 .................................. 15
 over $180 up to and including $190 .................................. 20
 over $190 up to and including $200 .................................. 25
 over $200 up to and including $210 .................................. 30
 over $210 up to and including $220 .................................. 35
 over $220 up to and including $230 .................................. 40
 over $230 up to and including $240 .................................. 45
 over $240 up to and including $250 .................................. 50
 over $250 ........................................................... 50
   2-b. If there be a surviving spouse of an employee of a private volun-
 tary  hospital killed in a World Trade Center rescue, who passed a phys-
 ical examination upon employment as  a  rescue  worker  that  failed  to
 reveal  evidence  of  a condition that was the proximate cause of death,
 and a surviving child under the age of eighteen years, or under the  age
 of  twenty-three  years if enrolled and attending as a full-time student
 in an accredited educational institution and such enrollment  and  full-
 time  attendance  is certified by such institution, or a surviving child
 of any age dependent blind or physically disabled, to such spouse  forty
 per centum of the average wages, TOGETHER WITH APPLICABLE COST-OF-LIVING
 ADJUSTMENTS,  of  the deceased during widowhood or widowerhood, with two
 years' compensation in one sum, upon  remarriage;  and  thirty-five  per
 centum  of  such  wages, TOGETHER WITH APPLICABLE COST-OF-LIVING ADJUST-
 MENTS, to such child under the age of eighteen years, or under  the  age
 of  twenty-three  years if enrolled and attending as a full-time student
 in an accredited educational institution and such enrollment  and  full-
 time  attendance  is certified by such institution, or a surviving child
 of any age dependent blind or physically disabled; in the  case  of  the
 subsequent death of such surviving spouse the surviving child shall have
 his  or  her  compensation  increased to seventy-five per centum of such
 wages, TOGETHER WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, and the same
 shall be payable so long as he or she  is  under  the  age  of  eighteen
 years,  or under the age of twenty-three years if enrolled and attending
 as a full-time student in an accredited educational institution and such
 enrollment and full-time attendance is certified by such institution, or
 a surviving child of any age dependent  blind  or  physically  disabled;
 upon  statutory  termination  of compensation payable to such child, the
 compensation of the surviving spouse shall be increased to  seventy-five
 per  centum  of  such  wages,  TOGETHER  WITH  APPLICABLE COST-OF-LIVING
 ADJUSTMENTS, with two years' compensation, at such  rate,  in  one  sum,
 upon remarriage. Upon remarriage of such surviving spouse, the surviving
 child  shall  continue  to receive thirty-five per centum of such wages,
 TOGETHER WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS.  Where  such  death
 occurs,  and  the spouse is receiving survivors insurance benefits under
 the social security act, the death benefit payable  under  this  section
 shall  be reduced by five per centum of the spouse's share of the survi-
 vors insurance benefits under the  social  security  act  for  each  ten
 dollars  of  deceased's  average  weekly  wage  in excess of one hundred
 dollars; provided that in no case shall such reduction exceed fifty  per
 centum  of such spouse's share of the survivors insurance benefits under
 the social security act as set forth in table No. I in subdivision one-c
 of this section.  COST-OF-LIVING ADJUSTMENTS SHALL NOT  BE  INCLUDED  IN
 THE  CALCULATION  OF  THE DECEASED'S AVERAGE WEEKLY WAGE FOR PURPOSES OF
 CALCULATION OF THE OFFSET REDUCTION. If there be a surviving  spouse  of
 an  employee  of  a  private  voluntary hospital killed in a World Trade
 Center rescue, who passed a physical examination upon  employment  as  a
 rescue worker that failed to reveal evidence of a condition that was the

 A. 5201                             8

 proximate  cause  of death, and two or more surviving children under the
 age of eighteen years,  or  under  the  age  of  twenty-three  years  if
 enrolled  and  attending  as a full-time student in an accredited educa-
 tional  institution  and  such  enrollment  and  full-time attendance is
 certified by such institution, or a surviving child or children  of  any
 age  dependent  blind  or  physically  disabled and a death occurs on or
 after September eleventh, two thousand one, to  such  spouse  forty  per
 centum  of  the  average  wage of the deceased, TOGETHER WITH APPLICABLE
 COST-OF-LIVING ADJUSTMENTS, during widowhood  or  widowerhood  with  two
 years'  compensation  in  one  sum  upon remarriage; and thirty-five per
 centum of such wages, TOGETHER WITH  APPLICABLE  COST-OF-LIVING  ADJUST-
 MENTS,  to  such  children under the age of eighteen years, or under the
 age of twenty-three years if  enrolled  and  attending  as  a  full-time
 student in an accredited educational institution and such enrollment and
 full-time  attendance  is  certified by such institution, or a surviving
 child or children of any age dependent  blind  or  physically  disabled,
 share and share alike; in case of the subsequent death of such surviving
 spouse the surviving children shall have their compensation increased to
 seventy-five per centum of such wages, TOGETHER WITH APPLICABLE COST-OF-
 LIVING  ADJUSTMENTS,  and  the aggregate sum shall be payable, share and
 share alike, so long as they are under the age  of  eighteen  years,  or
 under the age of twenty-three years if enrolled and attending as a full-
 time  student  in an accredited educational institution and such enroll-
 ment and full-time attendance is certified by  such  institution,  or  a
 surviving  child  or  children  of any age dependent blind or physically
 disabled. Upon remarriage of such surviving  spouse,  if  there  be  two
 surviving  children  each  shall  receive  thirty-seven and one-half per
 centum of such wages, TOGETHER WITH  APPLICABLE  COST-OF-LIVING  ADJUST-
 MENTS,  and  if there are surviving more than two children under the age
 of eighteen years, or under the age  of  twenty-three  if  enrolled  and
 attending  as  a full-time student in an accredited educational institu-
 tion and such enrollment and full-time attendance is certified  by  such
 institution, or a surviving child or children of any age dependant blind
 or  physically disabled, seventy-five per centum of such wages, TOGETHER
 WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, share and share alike.  Upon
 statutory  termination  of  compensation  payable  to such children, the
 compensation of the surviving spouse shall be increased to  seventy-five
 per  centum  of  such  wages,  TOGETHER  WITH  APPLICABLE COST-OF-LIVING
 ADJUSTMENTS, with two years' compensation, at such  rate,  in  one  sum,
 upon  remarriage. Where the death occurs on or after September eleventh,
 two thousand one, and the spouse is receiving survivors insurance  bene-
 fits  under  the  social  security act, the death benefits payable under
 this section shall be reduced by five per centum of the  spouse's  share
 of  the  survivors  insurance benefits under the social security act for
 each ten dollars of deceased's average weekly  wage  in  excess  of  one
 hundred  fifty  dollars;  provided  that in no case shall such reduction
 exceed fifty per centum of said spouse's share of the  survivors  insur-
 ance benefits under the social security act as set forth in table No. II
 in  subdivision two-a of this section.  COST-OF-LIVING ADJUSTMENTS SHALL
 NOT BE INCLUDED IN THE CALCULATION OF THE DECEASED'S AVERAGE WEEKLY WAGE
 FOR PURPOSES OF CALCULATION OF THE OFFSET REDUCTION.
   3. If there be a surviving child or children of the deceased under the
 age of eighteen years or a dependent blind or physically disabled  child
 or  children  of  any  age, but no surviving spouse then where the death
 occurs on or after July first, nineteen hundred forty-eight,  and  prior
 to  January  first,  nineteen  hundred seventy-eight, for the support of

 A. 5201                             9
 
 each such child until the age of eighteen years, or until the removal of
 the dependency of such blind or physically disabled child  or  children,
 thirty per centum of the wages of the deceased, TOGETHER WITH APPLICABLE
 COST-OF-LIVING  ADJUSTMENTS,  and where the death occurred prior to July
 first, nineteen hundred forty-eight, for the support of each such  child
 until  the age of eighteen years, or until the removal of the dependency
 of such blind or physically disabled child or children, [fifteen]  THIR-
 TY-FIVE per centum of the wages, TOGETHER WITH APPLICABLE COST-OF-LIVING
 ADJUSTMENTS,  of  the  deceased; provided that the aggregate shall in no
 case exceed [sixty-six and two-thirds] SEVENTY-FIVE per centum  of  such
 wages.    COST-OF-LIVING ADJUSTMENTS SHALL NOT BE INCLUDED IN THE CALCU-
 LATION OF THE DECEASED'S AVERAGE WEEKLY WAGE FOR PURPOSES OF CALCULATION
 OF THE MAXIMUM AMOUNT PAYABLE.
   3-a. If there be a surviving child or children of the  deceased  under
 the  age  of  eighteen  years  or under the age of twenty-three years if
 enrolled and attending as a full time student in  an  accredited  educa-
 tional  institution  and  such  enrollment  and  full time attendance is
 certified by such institution or a dependent blind or  physically  disa-
 bled  child  or  children of any age, but no surviving spouse then where
 the death occurs on or after January first,  nineteen  hundred  seventy-
 eight,  for the support of such child or children until the age of eigh-
 teen years, or under the age  of  twenty-three  years  if  enrolled  and
 attending  as  a full time student in an accredited educational institu-
 tion and such enrollment and full time attendance is certified  by  such
 institution  or  until  the  removal  of the dependency of such blind or
 physically disabled child or children, [sixty-six and two-thirds] SEVEN-
 TY-FIVE per centum of the wages of the deceased, TOGETHER WITH  APPLICA-
 BLE  COST-OF-LIVING  ADJUSTMENTS.  Where there are two or more children,
 the compensation payable shall be divided among such children share  and
 share alike.
   3-b.  If  there  be a surviving child or children, of an employee of a
 private voluntary hospital killed in a World Trade  Center  rescue,  who
 passed  a  physical  examination upon employment as a rescue worker that
 failed to reveal evidence of a condition that was the proximate cause of
 death, under the age of eighteen years, or under the age of twenty-three
 years if enrolled and attending as a full-time student in an  accredited
 educational  institution and such enrollment and full-time attendance is
 certified by such institution, or a dependent blind or physically  disa-
 bled  child, or children of any age, but no surviving spouse then, where
 such death occurs, for the support of each such child until the  age  of
 eighteen  years,  or under the age of twenty-three years if enrolled and
 attending as a full-time student in an accredited  educational  institu-
 tion  and  such enrollment and full-time attendance is certified by such
 institution or until the removal of the  dependency  of  such  blind  or
 physically  disabled  child  or children, seventy-five per centum of the
 wages of the deceased, TOGETHER WITH APPLICABLE  COST-OF-LIVING  ADJUST-
 MENTS.  Where  there  are two or more children, the compensation payable
 shall be divided among such children share and share alike.
   4. If there be no surviving spouse or child under the age of  eighteen
 years, or dependent blind or physically disabled child of any age, or if
 the  amount payable to surviving spouse and to children under the age of
 eighteen years or such dependent blind or physically  disabled  children
 shall  be less in the aggregate than [sixty-six and two-thirds] SEVENTY-
 FIVE per centum of the average wages of the deceased EXCLUSIVE OF APPLI-
 CABLE COST-OF-LIVING ADJUSTMENTS, then where  the  death  occurs  on  or
 after  July  first,  nineteen  hundred forty-eight, and prior to January

 A. 5201                            10
 
 first, nineteen hundred seventy-eight, for the support of  grandchildren
 or  brothers  and  sisters under the age of eighteen years, if dependent
 upon the deceased at the time of the accident, twenty-five per centum of
 such wages, TOGETHER WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, for the
 support of each such person until the age of eighteen years; and for the
 support  of  each  parent,  or grandparent, of the deceased if dependent
 upon him at the time of the accident, forty per  centum  of  such  wages
 during  such  dependency;  and  where  the  death occurred prior to July
 first, nineteen hundred forty-eight, to such dependent grandchildren  or
 brothers  and  sisters,  fifteen per centum of such wages until eighteen
 years of age, and to such dependent parent or  grandparent,  twenty-five
 per  centum  of  such  wages,  TOGETHER  WITH  APPLICABLE COST-OF-LIVING
 ADJUSTMENTS, during dependency. But  in  no  case  shall  the  aggregate
 amount  payable  under  this  subdivision  exceed the difference between
 [sixty-six and two-thirds] SEVENTY-FIVE per centum of  such  wages,  and
 the  amount  payable as hereinbefore provided to surviving spouse or for
 the support of surviving child or children.  COST-OF-LIVING  ADJUSTMENTS
 SHALL NOT BE INCLUDED IN THE CALCULATION OF THE DECEASED'S AVERAGE WEEK-
 LY WAGE FOR PURPOSES OF CALCULATION OF THE MAXIMUM AMOUNT PAYABLE.
   4-a.  If  there be no surviving spouse or child under the age of eigh-
 teen years or under the  age  of  twenty-three  years  if  enrolled  and
 attending  as  a full time student in an accredited educational institu-
 tion and such enrollment and full time attendance is certified  by  such
 institution  or dependent blind or physically disabled child of any age,
 then where the death occurs on or after January first, nineteen  hundred
 seventy-eight,  for the support of grandchildren or brothers and sisters
 if dependent upon the deceased at the time of the  accident,  under  the
 age  of  eighteen  years,  or  under  the  age  of twenty-three years if
 enrolled and attending as a full time student in  an  accredited  educa-
 tional  institution  and  such  enrollment  and  full time attendance is
 certified by such institution, or blind or  physically  disabled  grand-
 children  or  brothers and sisters of any age, twenty-five per centum of
 such wages, TOGETHER WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, for the
 support of each such person until the age of eighteen  years;  or  until
 the  age  of twenty-three years if enrolled and attending as a full time
 student in an accredited educational institution or until the removal of
 the dependency of such blind or  physically  disabled  grandchildren  or
 brothers  and  sisters,  and such enrollment and full time attendance is
 certified by such institution and for the support  of  each  parent,  or
 grandparent, of the deceased if dependent upon him or her at the time of
 the  accident,  forty per centum of such wages, TOGETHER WITH APPLICABLE
 COST-OF-LIVING ADJUSTMENTS, during such dependency. But in no case shall
 the aggregate amount payable under this  subdivision  exceed  [sixty-six
 and  two-thirds]  SEVENTY-FIVE per centum of such wages.  COST-OF-LIVING
 ADJUSTMENTS SHALL NOT BE INCLUDED IN THE CALCULATION OF  THE  DECEASED'S
 AVERAGE  WEEKLY  WAGE  FOR PURPOSES OF CALCULATION OF THE MAXIMUM AMOUNT
 PAYABLE.
   4-b. If there be no surviving spouse or child under the age  of  eigh-
 teen  years  or  under  the  age  of  twenty-three years if enrolled and
 attending as a full time student in an accredited  educational  institu-
 tion  and  such enrollment and full time attendance is certified by such
 institution or dependent blind or physically disabled child of  any  age
 or  grandchildren or brothers and sisters if dependent upon the deceased
 at the time of the accident, under the age of eighteen years,  or  under
 the  age  of twenty-three years if enrolled and attending as a full time
 student in an accredited educational institution and such enrollment and

 A. 5201                            11

 full time attendance is certified by such institution or disabled  blind
 or physically disabled grandchildren or brothers and sisters of any age,
 then  a  sum  of  fifty thousand dollars shall be paid to the deceased's
 surviving  parents or if there be no surviving parents to the deceased's
 estate.
   4-c. If there be no surviving spouse  or  child,  or  children  of  an
 employee  of a private voluntary hospital killed in a World Trade Center
 rescue, who passed a physical examination upon employment  as  a  rescue
 worker that failed to reveal evidence of a condition that was the proxi-
 mate  cause  of death, under the age of eighteen years, or under the age
 of twenty-three years if enrolled and attending as a  full-time  student
 in  an  accredited educational institution and such enrollment and full-
 time attendance is certified by such institution, or dependent blind  or
 physically  disabled child of any age, then where the death occurs on or
 after September eleventh, two thousand one, for the  support  of  grand-
 children  or  brothers and sisters if dependent upon the deceased at the
 time of the accident, under the age of eighteen years, or under the  age
 of  twenty-three  years if enrolled and attending as a full-time student
 in an accredited educational institution and such enrollment  and  full-
 time attendance is certified by such institution, or blind or physically
 disabled  grandchildren  or brothers and sisters of any age, twenty-five
 per centum  of  such  wages,  TOGETHER  WITH  APPLICABLE  COST-OF-LIVING
 ADJUSTMENTS,  for the support of each such person until the age of eigh-
 teen years; or until the age  of  twenty-three  years  if  enrolled  and
 attending  as  a full-time student in an accredited educational institu-
 tion, or until the removal of the dependency of such blind or physically
 disabled grandchildren or brothers and sisters, and such enrollment  and
 full-time  attendance  is  certified  by  such  institution  and for the
 support of each parent, or grandparent, of  the  deceased  if  dependent
 upon  him  or  her at the time of the accident, forty per centum of such
 wages, TOGETHER WITH APPLICABLE COST-OF-LIVING ADJUSTMENTS, during  such
 dependency. But in no case shall the aggregate amount payable under this
 subdivision  exceed seventy-five per centum of such wages.  COST-OF-LIV-
 ING ADJUSTMENTS  SHALL  NOT  BE  INCLUDED  IN  THE  CALCULATION  OF  THE
 DECEASED'S  AVERAGE WEEKLY WAGE FOR PURPOSES OF CALCULATION OF THE MAXI-
 MUM AMOUNT PAYABLE.
   4-d. If there be no surviving spouse  or  child,  or  children  of  an
 employee  of a private voluntary hospital killed in a World Trade Center
 rescue, who passed a physical examination upon employment  as  a  rescue
 worker that failed to reveal evidence of a condition that was the proxi-
 mate  cause  of death, under the age of eighteen years, or under the age
 of twenty-three years if enrolled and attending as a  full-time  student
 in  an  accredited educational institution and such enrollment and full-
 time attendance is certified by such institution, or dependent blind  or
 physically  disabled  child of any age, or grandchildren or brothers and
 sisters if dependent upon the deceased at  the  time  of  the  accident,
 under  the age of eighteen years, or under the age of twenty-three years
 if enrolled and attending as a full-time student in an accredited educa-
 tional institution and  such  enrollment  and  full-time  attendance  is
 certified  by such institution, or disabled blind or physically disabled
 grandchildren or brothers and sisters of any age, then a  sum  of  fifty
 thousand dollars shall be paid to the deceased's surviving parents or if
 there be no surviving parents to the deceased's estate.
   5. Any excess of wages over: (1) seven hundred fifty dollars shall not
 be  taken  into  account in computing compensation under this section in
 cases where the death occurs on or after July first, two thousand seven,

 A. 5201                            12
 
 (2) eight hundred twenty-five dollars shall not be taken into account in
 computing compensation under this  section  in  cases  where  the  death
 occurs  on  or  after  July  first, two thousand eight, (3) nine hundred
 dollars  shall not be taken into account in computing compensation under
 this section in cases where the death occurs on or after July first, two
 thousand nine, and (4) where the death occurs on or  after  July  first,
 two  thousand  ten,  or  when the death occurs on or after July first of
 each succeeding year, an amount equal to  the  New  York  state  average
 weekly wage for the year in which it is reported shall not be taken into
 account  in  computing  compensation  under  this section. Any excess of
 wages over five hundred ten dollars and five cents per week shall not be
 taken into account in computing compensation under this section in cases
 where the death occurs on or after July first, nineteen hundred  ninety,
 nor  shall any excess of wages over five hundred twenty-five dollars per
 week be taken into account in computing compensation  pursuant  to  this
 section  in  cases  where  death occurs on or after July first, nineteen
 hundred ninety-one, nor shall any  excess  of  wages  over  six  hundred
 dollars  per week be taken into account in computing compensation pursu-
 ant to this section in cases where death occurs on or after July  first,
 nineteen  hundred  ninety-two  with the exception that wages earned over
 six hundred dollars per week shall be taken into  account  in  computing
 compensation  under  this  section  in  cases involving an employee of a
 private voluntary hospital resulting from a World Trade  Center  rescue,
 who  passed  a  physical  examination upon employment as a rescue worker
 that failed to reveal evidence of a condition  that  was  the  proximate
 cause  of death; nor shall any excess of wages over three hundred eight-
 y-two dollars and fifty cents per week be taken into account in  comput-
 ing  compensation  under this section in cases where the death occurs on
 or after July first, nineteen hundred eighty-three, nor shall any excess
 of wages over four hundred twelve dollars and fifty cents  per  week  be
 taken into account in computing compensation under this section in cases
 where  the death occurs on or after July first, nineteen hundred eighty-
 four, nor shall any excess of wages over four hundred fifty dollars  per
 week  be taken into account in computing compensation under this section
 in cases where the death occurs on or after July first, nineteen hundred
 eighty-five; nor shall any excess of wages over one hundred eighty-seven
 dollars and fifty cents per week on or  after  January  first,  nineteen
 hundred seventy-eight or over two hundred seventy dollars per week on or
 after  July  first, nineteen hundred seventy-eight or over three hundred
 twenty-two dollars and fifty cents per week on or after  January  first,
 nineteen hundred seventy-nine, and prior to July first, nineteen hundred
 eighty-three, be taken into account in computing compensation under this
 section  nor  shall  any  excess of wages over six hundred and seventeen
 dollars and fifty cents a month  be  taken  into  account  in  computing
 compensation  under this section in cases where the death occurred on or
 after July first, nineteen hundred seventy-four, and  prior  to  January
 first,  nineteen  hundred  seventy-eight,  nor shall any excess of wages
 over five hundred and twenty dollars a month be taken  into  account  in
 computing  compensation  in  cases where death occurred on or after July
 first, nineteen hundred  seventy  and  prior  to  July  first,  nineteen
 hundred  seventy-four,  nor  shall any excess of wages over four hundred
 and fifty-five dollars a  month  be  taken  into  account  in  computing
 compensation in cases where death occurred on or after July first, nine-
 teen  hundred  sixty-eight  and  prior  to  July first, nineteen hundred
 seventy, nor shall any excess of wages over  three  hundred  and  ninety
 dollars a month be taken into account in computing compensation in cases

 A. 5201                            13
 
 where death occurred on or after July first, nineteen hundred sixty-five
 and  prior  to  July  first, nineteen hundred sixty-eight, nor shall any
 excess of wages over three hundred and  fifty-seven  dollars  and  fifty
 cents  a  month be taken into account in computing compensation in cases
 where death occurred on or after July first, nineteen hundred  sixty-two
 and  prior  to  July  first,  nineteen hundred sixty-five, nor shall any
 excess of wages over three hundred and twenty-five dollars  a  month  be
 taken  into  account  in  computing  compensation  in  cases where death
 occurred on or after July first, nineteen hundred  sixty  and  prior  to
 July  first,  nineteen  hundred sixty-two, nor shall any excess of wages
 over two hundred and ninety-two dollars and fifty cents a month be taken
 into account in computing compensation where death occurred on or  after
 July  first, nineteen hundred fifty-eight and prior to July first, nine-
 teen hundred sixty, nor shall any excess of wages over two  hundred  and
 sixty  dollars  a  month be taken into account in computing compensation
 where death occurred on or after July first, nineteen hundred fifty-four
 and prior to July first, nineteen hundred  fifty-eight,  nor  shall  any
 excess  of  wages  over  two  hundred and twenty-seven dollars and fifty
 cents a month be taken into  account  in  computing  compensation  where
 death  occurred on or after July first, nineteen hundred forty-eight and
 prior to July first, nineteen hundred fifty-four, nor shall  any  excess
 of  wages  over one hundred and eighty-two dollars a month be taken into
 account in computing compensation where the death occurred on  or  after
 June first, nineteen hundred forty-six and prior to July first, nineteen
 hundred  forty-eight.  When death occurred on or after July first, nine-
 teen hundred forty-eight and prior to January  first,  nineteen  hundred
 seventy-eight,  computing compensation to the widow or widower and chil-
 dren of a deceased employee in no event shall wages be deemed to be less
 than one hundred and thirty dollars a month. All questions of dependency
 shall be determined as of the time of the accident. When death  occurred
 on  or  after January first, nineteen hundred seventy-eight, in no event
 shall wages be deemed to be less  than  forty-five  dollars  a  week  in
 computing  compensation  to  the widow or widower and/or children of the
 deceased employee.
   6. If  there  be  a  person  entitled  to  death  benefits  under  the
 provisions  of  this  section,  who  shall  be under the age of eighteen
 years, and who shall be an inmate of any institution and a public charge
 upon the department of social services of the city of New York,  or  any
 other  department or body, the benefits allowed hereunder WITH REGARD TO
 SUCH PERSON shall be payable to the said department of public welfare of
 the city of New York or any other department or body to  the  extent  of
 the  reasonable charges for the care and maintenance, during the contin-
 uance as a public charge in said institution, of  said  beneficiary  and
 until the said person shall have attained the age of eighteen years. Any
 sum  or  sums remaining after the said payment out of the benefits shall
 be distributed as provided by the other subdivisions of this section.
   7. In computing the offsets under subdivisions one-c and two-a of this
 section any increase in survivors insurance benefits under social  secu-
 rity  that  occurs  after the date of death shall not be considered, and
 any such offset shall be equally applicable to the  survivors  insurance
 benefits  under the social security act which are received retroactively
 but such offset shall not apply to increases of such  benefits  received
 retroactively.
   8.  COST-OF-LIVING  ADJUSTMENTS OF DEATH BENEFITS. A.  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, IN ADDITION TO  ANY  OTHER  AMOUNT  RECEIVED
 PURSUANT  TO  THIS  ARTICLE AS DEATH BENEFITS, A DEPENDENT OF A DECEASED

 A. 5201                            14
 
 EMPLOYEE ENTITLED TO BENEFITS UNDER THIS SECTION SHALL BE ENTITLED TO AN
 ADDITIONAL ALLOWANCE, TO BE KNOWN AS A COST-OF-LIVING ADJUSTMENT  ALLOW-
 ANCE, WHICH SHALL BE PAYABLE ANNUALLY.
   B.  THE COST-OF-LIVING ADJUSTMENT ALLOWANCE SHALL BE COMPUTED ANNUALLY
 BY THE BOARD ON FEBRUARY FIRST AND SHALL BE BASED ON SIXTY-SEVEN PERCENT
 OF THE INCREASE IN THE CONSUMER PRICE INDEX AS FOR THE PRECEDING  CALEN-
 DAR YEAR AS PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR. IF THE
 CONSUMER PRICE INDEX FOR THE PRECEDING YEAR IS LESS THAN TWO PERCENT, NO
 COST-OF-LIVING  ADJUSTMENT ALLOWANCE SHALL BE PAYABLE, PROVIDED THAT, IF
 NO COST-OF-LIVING INCREASE IS  PAYABLE  IN  A  GIVEN  YEAR  BECAUSE  THE
 CONSUMER  PRICE  INDEX FOR THE PRECEDING YEAR WAS LESS THAN TWO PERCENT,
 THE NEXT SUCCEEDING ANNUAL CALCULATION SHALL CONSIDER THE CHANGE IN  THE
 CONSUMER PRICE INDEX OVER THE PRECEDING TWO CALENDAR YEARS.  NO INCREASE
 SHALL  EXCEED THE SUM OF TWENTY DOLLARS PER WEEK IN ANY YEAR.  THE COST-
 OF-LIVING ALLOWANCE THUS COMPUTED SHALL BE PAYABLE FOR THE  TWELVE-MONTH
 PERIOD BEGINNING THE FOLLOWING JULY FIRST.
   C.  THIS  SUBDIVISION SHALL NOT BE DEEMED OR CONSTRUED TO DIMINISH THE
 RIGHT OF ANY BENEFICIARY TO ANY BENEFITS TO WHICH SUCH BENEFICIARY WOULD
 OTHERWISE BE ENTITLED PURSUANT TO LAW.
   § 2. This act shall take effect January 1, 2018 and shall apply to all
 claims for payment of death benefits pursuant to section 16 of the work-
 ers' compensation law, regardless of the date of death.