| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 03, 2018 |
referred to labor |
| May 11, 2017 |
referred to labor |
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Senate Bill S6248
2017-2018 Legislative Session
Provides for cost-of-living adjustments to death benefits and increases certain wage percentages for calculation of benefits
download bill text pdfSponsored By
(D) 14th Senate District
Archive: Last Bill Status - In Senate Committee Labor 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
Actions
2017-S6248 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd §16, Work Comp L
2017-S6248 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6248
TITLE OF BILL : 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
PURPOSE :
Enactment of this measure would provide for cost-of-living adjustments
to death benefits and increasing certain wage percentages for
calculation of benefits.
SUMMARY OF PROVISIONS :
Section 16 of the Workers' Compensation Law, as amended by chapter 245
of the laws of 2005, to provide, in part, that in addition to any
other amount received pursuant to this article as death benefits, a
dependent of a deceased employee entitled to benefits under this
section shall be entitled to an additional allowance, to be known as a
cost-of-living adjustment, which shall be paid annually. The
cost-of-living adjustment allowance shall be computed annually by the
board on February first and shall be based on 75 percent of the
increase in the consumer price index as for the preceding calendar
year as promulgated by the US Department of Labor. Other provisions
are also listed for certain economic conditions. No increase shall
exceed the sum of twenty dollars per week in any year.
EXISTING LAW : No such provision is contained under existing law. JUSTIFICATION : Death benefit recipients have not been given an increase in benefits since July 1, 1990. Since that time, injured workers receiving benefits from the Workers Compensation Board have seen benefit levels rise to reflect inflationary pressures. The beneficiaries of deceased public employees deserve no less, and this legislation would correct that deficiency. LEGISLATIVE HISTORY : 2008: Referred to labor 2010: Referred to ways and means. 2016: Referred to Labor 1-6-16 FISCAL IMPLICATIONS : To be determined. LOCAL FISCAL IMPLICATIONS : Unknown. EFFECTIVE DATE : This act shall take effect immediately.
2017-S6248 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6248
2017-2018 Regular Sessions
I N S E N A T E
May 11, 2017
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed 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
S. 6248 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
S. 6248 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
S. 6248 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
S. 6248 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
S. 6248 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
S. 6248 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
S. 6248 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
S. 6248 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
S. 6248 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
S. 6248 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,
S. 6248 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
S. 6248 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
S. 6248 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.
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