S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  711--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, KOLB, BRINDISI, SKOUFIS, ENGLEBRIGHT,
   PICHARDO, BLAKE, HOOPER, STECK, MAYER, STIRPE, THIELE, JAFFEE, SKARTA-
   DOS, SIMANOWITZ, LUPARDO, WOERNER, JENNE, ZEBROWSKI,  HUNTER,  CAHILL,
   OTIS,  RYAN, JEAN-PIERRE, CUSICK, GOTTFRIED, ROSENTHAL, LIFTON, TITUS,
   RAMOS, BARRETT, GJONAJ, BRONSON,  PALMESANO,  RAIA,  MONTESANO,  GRAF,
   LUPINACCI,  CURRAN,  BLANKENBUSH, WALTER, FINCH, MALLIOTAKIS, GOODELL,
   MURRAY, LAWRENCE, GARBARINO, BUTLER, OAKS, PALUMBO,  DiPIETRO,  BYRNE,
   NORRIS,  LAVINE, D'URSO, B. MILLER, BRABENEC, JONES, McDONALD, ERRIGO,
   WALLACE, JOHNS,  MORINELLO,  M. L. MILLER,  PHEFFER AMATO,  CASTORINA,
   FAHY,  WALKER,  SOLAGES,  BARRON, ARROYO, PELLEGRINO, NOLAN, ABINANTI,
   CRESPO,  RODRIGUEZ,  BENEDETTO,  WILLIAMS,  DenDEKKER,   SANTABARBARA,
   M. G. MILLER,  CARROLL, BARNWELL, PAULIN, O'DONNELL -- Multi-Sponsored
   by -- M. of A. BARCLAY, BUCHWALD, GALEF, KEARNS, LOPEZ,  MAGEE,  McDO-
   NOUGH,  McKEVITT,  McLAUGHLIN, RA, ROZIC, SCHIMMINGER, SIMON, WALSH --
   read once and referred  to  the  Committee  on  Local  Governments  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the general municipal law and the tax law,  in  relation
   to the "New York state volunteer firefighter gap coverage cancer disa-
   bility benefits act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state volunteer firefighter gap coverage cancer disability
 benefits act".
   §  2.  The  general  municipal  law is amended by adding a new section
 205-cc to read as follows:
   § 205-CC. NEW YORK STATE VOLUNTEER  FIREFIGHTER  GAP  COVERAGE  CANCER
 DISABILITY  BENEFITS  ACT.  1.  (A)  AS  USED  IN THIS SECTION, THE TERM
 "ELIGIBLE VOLUNTEER FIREFIGHTER" SHALL BE DEFINED AS:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03660-03-7
              

 A. 711--A                           2
 
   (I) A FIREFIGHTER HAVING FIVE OR MORE YEARS  OF  FAITHFUL  AND  ACTUAL
 SERVICE IN THE PROTECTION OF LIFE AND PROPERTY FROM FIRE IN THE INTERIOR
 OF  BUILDINGS  AND  HAVING SUCCESSFULLY PASSED A PHYSICAL EXAMINATION ON
 ENTRY TO THE FIREFIGHTER SERVICE, WHICH EXAMINATION FAILED TO REVEAL ANY
 EVIDENCE OF CANCERS AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION; AND
   (II)  HAVING  SUBMITTED  PROOF  OF FIVE YEARS OF INTERIOR FIREFIGHTING
 SERVICE BY PROVIDING VERIFICATION THAT HE OR SHE  HAS  PASSED  AT  LEAST
 FIVE YEARLY CERTIFIED MASK FITTING TESTS AS SET FORTH IN 29 CFR 1910.134
 OR  THE  CURRENT NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS FOR MASK
 FIT TESTING.
   (B) AS USED IN THIS SECTION, THE TERM "CANCER" SHALL BE DEFINED AS:
   (I) A DISEASE CAUSED BY AN UNCONTROLLED DIVISION OF ABNORMAL CELLS  IN
 A  PART  OF  THE  BODY OR A MALIGNANT GROWTH OR TUMOR RESULTING FROM THE
 DIVISION OF ABNORMAL CELLS; AND
   (II) AFFECTING THE LYMPHATIC OR HEMATOLOGICAL SYSTEMS  OR  THE  DIGES-
 TIVE, URINARY, PROSTATE, NEUROLOGICAL, BREAST OR REPRODUCTIVE SYSTEMS OR
 MELANOMA.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
 RY, ON AND AFTER JANUARY FIRST, TWO THOUSAND  NINETEEN,  EACH  POLITICAL
 SUBDIVISION  LIABLE FOR BENEFITS PROVIDED UNDER THE VOLUNTEER FIREFIGHT-
 ERS' BENEFIT LAW SHALL PROVIDE AND MAINTAIN AN ENHANCED CANCER DISABILI-
 TY BENEFIT INSURANCE PROGRAM FOR EACH  ELIGIBLE  VOLUNTEER  FIREFIGHTER.
 SUCH  ELIGIBLE VOLUNTEER FIREFIGHTERS SHALL RECEIVE PAYMENTS OF ENHANCED
 CANCER BENEFITS AS FOLLOWS:
   (A) A LUMP SUM BENEFIT OF  TWENTY-FIVE  THOUSAND  DOLLARS  SUBJECT  TO
 LIMITATIONS  SPECIFIED  IN  THE  INSURANCE  CONTRACT AND PAYABLE TO SUCH
 ELIGIBLE VOLUNTEER FIREFIGHTER UPON ACCEPTABLE PROOF OF DIAGNOSIS  BY  A
 PHYSICIAN  BOARD  CERTIFIED IN THE MEDICAL SPECIALTY APPROPRIATE FOR THE
 TYPE OF CANCER INVOLVED THAT THERE ARE  ONE  OR  MORE  MALIGNANT  TUMORS
 CHARACTERIZED  BY  THE  UNCONTROLLABLE AND ABNORMAL GROWTH AND SPREAD OF
 MALIGNANT CELLS WITH INVASION OF NORMAL TISSUE AND THAT:
   (I) SURGERY, RADIOTHERAPY, CHEMOTHERAPY OR  RADIATION  TREATMENTS  ARE
 MEDICALLY NECESSARY;
   (II)  THERE  IS  A  TUMOR OF THE PROSTATE, PROVIDED THAT IT IS TREATED
 WITH RADICAL PROSTATECTOMY OR EXTERNAL BEAM THERAPY; AND
   (III) THERE IS METASTASIS; OR
   (IV) THE ELIGIBLE VOLUNTEER FIREFIGHTER HAS TERMINAL  CANCER,  HIS  OR
 HER LIFE EXPECTANCY IS TWENTY-FOUR MONTHS OR LESS FROM THE DATE OF DIAG-
 NOSIS, AND WILL NOT BENEFIT FROM, OR HAS EXHAUSTED, CURATIVE THERAPY.
   (B)  A  LUMP  SUM  BENEFIT  OF  SIX THOUSAND TWO HUNDRED FIFTY DOLLARS
 SUBJECT TO LIMITATIONS SPECIFIED IN THE INSURANCE  CONTRACT  PAYABLE  TO
 SUCH  VOLUNTEER  FIREFIGHTER  UPON  ACCEPTABLE PROOF OF A DIAGNOSIS BY A
 PHYSICIAN BOARD CERTIFIED IN THE MEDICAL SPECIALTY APPROPRIATE  FOR  THE
 TYPE OF CANCER INVOLVED THAT:
   (I)  THERE  IS  CARCINOMA  IN SITU SUCH THAT SURGERY, RADIOTHERAPY, OR
 CHEMOTHERAPY HAS BEEN DETERMINED TO BE MEDICALLY NECESSARY;
   (II) THERE ARE MALIGNANT TUMORS WHICH ARE TREATED BY ENDOSCOPIC PROCE-
 DURES ALONE; OR
   (III) THERE ARE MALIGNANT MELANOMAS.
   (C) (I) A MONTHLY BENEFIT OF ONE THOUSAND FIVE HUNDRED DOLLARS PAYABLE
 SIX MONTHS AFTER TOTAL DISABILITY AND SUBMISSION OF ACCEPTABLE PROOF  OF
 SAID DISABILITY TO THE INSURANCE CARRIER OR OTHER PAYOR CAUSED BY CANCER
 AS  DEFINED  IN  THE INSURANCE CONTRACT AS PRECLUDING SERVICE AS A FIRE-
 FIGHTER  AND  CONTINUING  FOR  UP  TO  THIRTY-SIX  CONSECUTIVE   MONTHLY
 PAYMENTS.

 A. 711--A                           3
 
   (II)  THE  BENEFIT  UNDER  THIS  PARAGRAPH SHALL BE SUBORDINATE TO ANY
 OTHER BENEFIT ACTUALLY PAID TO THE FIREFIGHTER FOR SUCH DISABILITY  FROM
 ANY  OTHER  SOURCE,  NOT INCLUDING PRIVATE INSURANCE PURCHASED SOLELY BY
 THE FIREFIGHTER, AND SHALL BE LIMITED  TO  THE  DIFFERENCE  BETWEEN  THE
 AMOUNT  OF  SUCH  OTHER PAID BENEFIT AND THE AMOUNT SPECIFIED UNDER THIS
 PARAGRAPH.
   (III) ANY ELIGIBLE FIREFIGHTER RECEIVING BENEFITS UNDER THIS PARAGRAPH
 MAY BE REQUIRED TO HAVE HIS OR HER CONDITION REEVALUATED. IN  THE  EVENT
 ANY  SUCH  REEVALUATION  REVEALS SUCH PERSON HAS REGAINED THE ABILITY TO
 PERFORM DUTIES AS A FIREFIGHTER, THEN HIS OR  HER  BENEFITS  UNDER  THIS
 PARAGRAPH SHALL CEASE THE LAST DAY OF THE MONTH OF DETERMINATION.
   (D)  AN  ELIGIBLE  VOLUNTEER  FIREFIGHTER  SHALL  ALSO BE ELIGIBLE FOR
 PAYMENT OF ENHANCED CANCER DEATH BENEFITS IN THE AMOUNT OF  FIFTY  THOU-
 SAND  DOLLARS  WHICH IS PAYABLE TO HIM OR HER UPON ACCEPTABLE PROOF BY A
 PHYSICIAN BOARD CERTIFIED THAT HIS OR HER DEATH  RESULTED  FROM  COMPLI-
 CATIONS  ASSOCIATED WITH CANCER AFFECTING THE LYMPHATIC OR HEMATOLOGICAL
 SYSTEMS OR THE DIGESTIVE, URINARY,  PROSTATE,  NEUROLOGICAL,  BREAST  OR
 REPRODUCTIVE SYSTEMS OR MELANOMA.
   3.  THE  COMBINED TOTAL OF ALL BENEFITS RECEIVED BY AN ELIGIBLE VOLUN-
 TEER FIREFIGHTER UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO OF THIS
 SECTION DURING HIS OR HER  LIFETIME  SHALL  NOT  EXCEED  FIFTY  THOUSAND
 DOLLARS.  BENEFITS  PROVIDED  TO AN ELIGIBLE VOLUNTEER FIREFIGHTER UNDER
 PARAGRAPHS (A), (B) AND (D) OF SUBDIVISION TWO  OF  THIS  SECTION  SHALL
 CONTINUE  FOR  SIXTY MONTHS FOLLOWING THE FORMAL CESSATION OF THE VOLUN-
 TEER FIREFIGHTER'S STATUS AS AN ACTIVE VOLUNTEER FIREFIGHTER. THE LEGAL-
 LY ORGANIZED FIRE DEPARTMENT  WHICH  THE  VOLUNTEER  FIREFIGHTER  SERVED
 SHALL  BE  RESPONSIBLE FOR PAYMENT OF ALL PREMIUMS ASSOCIATED WITH BENE-
 FITS PROVIDED UNDER PARAGRAPHS (A), (B) AND (D) OF  SUBDIVISION  TWO  OF
 THIS SECTION THROUGHOUT THE SIXTY MONTH TERM OF COVERAGE CONTINUATION.
   4. ANY DEPARTMENT WHOSE MEMBER HAS RECEIVED A DISABILITY PAYMENT UNDER
 THE  PROVISIONS OF THIS SECTION SHALL REPORT SUCH PAYMENTS TO THE OFFICE
 OF FIRE PREVENTION AND CONTROL. ON JANUARY FIRST, TWO  THOUSAND  TWENTY,
 AND ON THE SAME DATE EACH YEAR THEREAFTER, THE OFFICE OF FIRE PREVENTION
 AND  CONTROL  SHALL REPORT TO THE LEGISLATURE THE NUMBER OF FIREFIGHTERS
 WHO HAVE RECEIVED BENEFITS UNDER THE PROVISIONS OF THIS SECTION.
   5. A POLITICAL SUBDIVISION LIABLE FOR PROVIDING INSURANCE PURSUANT  TO
 THIS  SECTION  MAY  USE  PROCEEDS  FROM  REAL  PROPERTY  TAXES  FOR SUCH
 PURPOSES.
   § 3. Subsection (c) of section 612 of the tax law is amended by adding
 a new paragraph 44 to read as follows:
   (44) INSURANCE PAYMENTS RECEIVED BY AN ELIGIBLE VOLUNTEER  FIREFIGHTER
 FOR  THE  ENHANCED CANCER BENEFITS IN SECTION TWO HUNDRED FIVE-CC OF THE
 GENERAL MUNICIPAL LAW TO THE  EXTENT  INCLUDABLE  IN  GROSS  INCOME  FOR
 FEDERAL INCOME TAX PURPOSES.
   §  4.  This  act shall take effect January 1, 2019, provided, however,
 that the state fire administrator shall promulgate any rules  and  regu-
 lations  necessary  for the implementation of this act on or before such
 effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  711--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, KOLB, BRINDISI, SKOUFIS, ENGLEBRIGHT,
   PICHARDO, BLAKE, HOOPER, STECK, MAYER, STIRPE, THIELE, JAFFEE, SKARTA-
   DOS, SIMANOWITZ, LUPARDO, WOERNER, JENNE, ZEBROWSKI,  HUNTER,  CAHILL,
   OTIS,  RYAN, JEAN-PIERRE, CUSICK, GOTTFRIED, ROSENTHAL, LIFTON, TITUS,
   RAMOS, BARRETT, GJONAJ, BRONSON,  PALMESANO,  RAIA,  MONTESANO,  GRAF,
   LUPINACCI,  CURRAN,  BLANKENBUSH, WALTER, FINCH, MALLIOTAKIS, GOODELL,
   MURRAY, LAWRENCE, GARBARINO, BUTLER, OAKS, PALUMBO,  DiPIETRO,  BYRNE,
   NORRIS,  LAVINE, D'URSO, B. MILLER, BRABENEC, JONES, McDONALD, ERRIGO,
   WALLACE, JOHNS,  MORINELLO,  M. L. MILLER,  PHEFFER AMATO,  CASTORINA,
   FAHY,  WALKER,  SOLAGES,  BARRON, ARROYO, PELLEGRINO, NOLAN, ABINANTI,
   CRESPO,  RODRIGUEZ,  BENEDETTO,  WILLIAMS,  DenDEKKER,   SANTABARBARA,
   M. G. MILLER,  CARROLL, BARNWELL, PAULIN, O'DONNELL -- Multi-Sponsored
   by -- M. of A. BARCLAY, BUCHWALD, GALEF, KEARNS, LOPEZ,  MAGEE,  McDO-
   NOUGH,  McKEVITT,  McLAUGHLIN, RA, ROZIC, SCHIMMINGER, SIMON, WALSH --
   read once and referred  to  the  Committee  on  Local  Governments  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- again reported  from  said  committee
   with  amendments, ordered reprinted as amended and recommitted to said
   committee
 
 AN ACT to amend the general municipal law and the tax law,  in  relation
   to the "New York state volunteer firefighter gap coverage cancer disa-
   bility benefits act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the  "New  York  State  Volunteer Firefighter Enhanced Cancer Disability
 Benefits Act".
   § 2. The general municipal law is amended  by  adding  a  new  section
 205-cc to read as follows:
   §  205-CC.  VOLUNTEER FIREFIGHTER ENHANCED CANCER DISABILITY BENEFITS.
 A LEGALLY ORGANIZED FIRE DISTRICT, DEPARTMENT OR COMPANY  SHALL  PROVIDE

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

                                                            LBD03660-06-7

 A. 711--B                           2
 
 AND MAINTAIN FOR EACH ELIGIBLE VOLUNTEER FIREFIGHTER, AN ENHANCED CANCER
 DISABILITY BENEFIT INSURANCE PROGRAM.
   1. DEFINITIONS. AS USED IN THIS SECTION:
   A. "ELIGIBLE VOLUNTEER FIREFIGHTER" MEANS:
   (I)  A VOLUNTEER FIREFIGHTER HAVING FIVE OR MORE YEARS OF FAITHFUL AND
 ACTUAL SERVICE IN THE PROTECTION OF LIFE AND PROPERTY FROM FIRE  IN  THE
 INTERIOR OF BUILDINGS AND HAVING SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
 TION  ON  ENTRY  TO THE FIREFIGHTER SERVICE, WHICH EXAMINATION FAILED TO
 REVEAL ANY EVIDENCE OF CANCERS AS DEFINED IN PARAGRAPH B OF THIS  SUBDI-
 VISION; AND
   (II)  HAVING  SUBMITTED  PROOF  OF FIVE YEARS OF INTERIOR FIREFIGHTING
 SERVICE BY PROVIDING VERIFICATION THAT HE OR SHE  HAS  PASSED  AT  LEAST
 FIVE YEARLY CERTIFIED MASK FITTING TESTS AS SET FORTH IN 29 CFR 1910.134
 OR  THE  CURRENT NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS FOR MASK
 FIT TESTING.
   B. "CANCER" MEANS:
   (I) A DISEASE CAUSED BY AN UNCONTROLLED DIVISION OF ABNORMAL CELLS  IN
 A  PART  OF  THE  BODY OR A MALIGNANT GROWTH OR TUMOR RESULTING FROM THE
 DIVISION OF ABNORMAL CELLS; AND
   (II) AFFECTING THE PROSTATE OR BREAST, LYMPHATIC, HEMATOLOGICAL DIGES-
 TIVE, URINARY, NEUROLOGICAL, OR REPRODUCTIVE SYSTEMS, OR MELANOMA.
   2. AN ELIGIBLE VOLUNTEER FIREFIGHTER SHALL BE ENTITLED TO  PAYMENT  OF
 ENHANCED CANCER BENEFITS AS FOLLOWS:
   A. A LUMP SUM BENEFIT OF TWENTY-FIVE THOUSAND DOLLARS FOR EACH DIAGNO-
 SIS  PAYABLE  TO SUCH FIREFIGHTER UPON ACCEPTABLE PROOF TO THE INSURANCE
 CARRIER OR OTHER PAYOR OF A DIAGNOSIS BY A BOARD CERTIFIED PHYSICIAN  IN
 THE  MEDICAL SPECIALTY APPROPRIATE FOR THE TYPE OF CANCER DIAGNOSED THAT
 THERE ARE ONE OR MORE MALIGNANT TUMORS CHARACTERIZED BY THE UNCONTROLLA-
 BLE AND ABNORMAL GROWTH AND SPREAD OF MALIGNANT CELLS WITH  INVASION  OF
 NORMAL TISSUE AND THAT EITHER:
   (I) THERE IS METASTASIS; AND
   (1) SURGERY, RADIOTHERAPY, OR CHEMOTHERAPY IS MEDICALLY NECESSARY; OR
   (2) THERE IS A TUMOR OF THE PROSTATE, PROVIDED THAT IT IS TREATED WITH
 RADICAL PROSTATECTOMY OR EXTERNAL BEAM THERAPY; OR
   (II)  THE  FIREFIGHTER HAS TERMINAL CANCER, HIS OR HER LIFE EXPECTANCY
 IS TWENTY-FOUR MONTHS OR LESS FROM THE DATE OF DIAGNOSIS, AND  WILL  NOT
 BENEFIT FROM, OR HAS EXHAUSTED, CURATIVE THERAPY.
   B.  A  LUMP  SUM BENEFIT OF SIX THOUSAND TWO HUNDRED FIFTY DOLLARS FOR
 EACH DIAGNOSIS PAYABLE TO SUCH FIREFIGHTER UPON ACCEPTABLE PROOF TO  THE
 INSURANCE  CARRIER  OR  OTHER  PAYOR OF A DIAGNOSIS BY A BOARD CERTIFIED
 PHYSICIAN IN THE MEDICAL SPECIALTY APPROPRIATE FOR THE  TYPE  OF  CANCER
 INVOLVED THAT EITHER:
   (I)  THERE  IS  CARCINOMA  IN SITU SUCH THAT SURGERY, RADIOTHERAPY, OR
 CHEMOTHERAPY HAS BEEN DETERMINED TO BE MEDICALLY NECESSARY;
   (II) THERE ARE MALIGNANT TUMORS WHICH ARE TREATED BY ENDOSCOPIC PROCE-
 DURES ALONE; OR
   (III) THERE ARE MALIGNANT MELANOMAS.
   C. A MONTHLY BENEFIT OF ONE THOUSAND FIVE HUNDRED  DOLLARS,  OF  WHICH
 THE  FIRST  PAYMENT  SHALL BE MADE SIX MONTHS AFTER TOTAL DISABILITY AND
 SUBMISSION OF ACCEPTABLE PROOF  OF  SAID  DISABILITY  TO  THE  INSURANCE
 CARRIER OR OTHER PAYOR THAT SUCH DISABILITY IS CAUSED BY CANCER AND THAT
 SUCH  CANCER  PRECLUDES  THE  FIREFIGHTER FROM SERVING AS A FIREFIGHTER.
 SUCH BENEFIT SHALL CONTINUE FOR UP  TO  THIRTY-SIX  CONSECUTIVE  MONTHLY
 PAYMENTS.
   (I)  SUCH  MONTHLY  BENEFIT  SHALL BE SUBORDINATE TO ANY OTHER BENEFIT
 ACTUALLY PAID TO THE FIREFIGHTER SOLELY FOR  SUCH  DISABILITY  FROM  ANY

 A. 711--B                           3
 
 OTHER  SOURCE,  NOT  INCLUDING PRIVATE INSURANCE PURCHASED SOLELY BY THE
 FIREFIGHTER, AND SHALL BE LIMITED TO THE DIFFERENCE BETWEEN  THE  AMOUNT
 OF SUCH OTHER PAID BENEFIT AND THE AMOUNT SPECIFIED HEREIN; AND
   (II)  ANY  FIREFIGHTER RECEIVING SUCH MONTHLY BENEFITS MAY BE REQUIRED
 TO HAVE HIS OR HER CONDITION REEVALUATED. IN THE EVENT ANY SUCH REEVALU-
 ATION REVEALS THAT SUCH PERSON  HAS  REGAINED  THE  ABILITY  TO  PERFORM
 DUTIES  AS  A  FIREFIGHTER, THEN HIS OR HER MONTHLY BENEFITS SHALL CEASE
 THE LAST DAY OF THE MONTH OF REEVALUATION.
   (III) IN THE EVENT THAT THERE IS A SUBSEQUENT REOCCURRENCE OF A  DISA-
 BILITY  CAUSED BY CANCER WHICH PRECLUDES THE FIREFIGHTER FROM SERVING AS
 A FIREFIGHTER, HE OR SHE SHALL BE  ENTITLED  TO  RECEIVE  ANY  REMAINING
 MONTHLY PAYMENTS.
   D.  AN  ELIGIBLE  VOLUNTEER  FIREFIGHTER  SHALL ALSO BE ENTITLED TO AN
 ADDITIONAL PAYMENT OF ENHANCED CANCER DEATH BENEFITS IN  THE  AMOUNT  OF
 FIFTY  THOUSAND DOLLARS WHICH IS PAYABLE TO SUCH VOLUNTEER OR HIS OR HER
 BENEFICIARY UPON ACCEPTABLE PROOF BY A BOARD  CERTIFIED  PHYSICIAN  THAT
 SUCH  FIREFIGHTER'S  DEATH  RESULTED  FROM COMPLICATIONS ASSOCIATED WITH
 CANCER.
   E. PROVIDED HOWEVER, AN ELIGIBLE VOLUNTEER FIREFIGHTER SHALL BE INELI-
 GIBLE FOR THESE BENEFITS IF THEY ARE ALREADY PROVIDED  PAID  FIREFIGHTER
 BENEFITS UNDER THIS ARTICLE.
   3.  THE COMBINED TOTAL OF ALL BENEFITS RECEIVED BY ANY ELIGIBLE VOLUN-
 TEER FIREFIGHTER PURSUANT TO PARAGRAPHS A AND B OF  SUBDIVISION  TWO  OF
 THIS  SECTION DURING HIS OR HER LIFETIME SHALL NOT EXCEED FIFTY THOUSAND
 DOLLARS.
   4. AN ELIGIBLE VOLUNTEER FIREFIGHTER SHALL REMAIN ELIGIBLE  FOR  BENE-
 FITS  PURSUANT  TO  PARAGRAPHS  A,  B  AND  D OF SUBDIVISION TWO OF THIS
 SECTION FOR SIXTY MONTHS AFTER THE FORMAL  CESSATION  OF  THE  VOLUNTEER
 FIREFIGHTER'S  STATUS  AS  AN  ACTIVE  VOLUNTEER  FIREFIGHTER.  THE FIRE
 DISTRICT, DEPARTMENT OR COMPANY IN WHICH SUCH FIREFIGHTER  SERVED  SHALL
 BE  RESPONSIBLE  FOR  PAYMENT  OF ALL PREMIUMS OR OTHER COSTS ASSOCIATED
 WITH BENEFITS PROVIDED UNDER PARAGRAPHS A, B AND D OF SUBDIVISION TWO OF
 THIS SECTION THROUGHOUT THE DURATION OF  THE  ELIGIBLE  VOLUNTEER  FIRE-
 FIGHTER'S COVERAGE.
   5. A FIRE DISTRICT, DEPARTMENT OR COMPANY SHALL, NO LATER THAN JANUARY
 FIRST,  TWO  THOUSAND  NINETEEN,  SHOW  PROOF OF INSURANCE COVERAGE THAT
 MEETS THE REQUIREMENTS OF THIS SECTION OR SHALL SHOW SATISFACTORY  PROOF
 OF  THE ABILITY TO PAY SUCH COMPENSATION TO ENSURE ADEQUATE COVERAGE FOR
 ALL ELIGIBLE VOLUNTEER  FIREFIGHTERS.  SUCH  COVERAGE  SHALL  REMAIN  IN
 EFFECT UNTIL SIXTY MONTHS AFTER THE FIRE DISTRICT, DEPARTMENT OR COMPANY
 NO  LONGER  HAS  ANY  VOLUNTEER  FIREFIGHTERS WHO COULD QUALIFY FOR THIS
 BENEFIT.
   6. ANY FIRE DISTRICT, DEPARTMENT OR COMPANY THAT HAS HAD  A  VOLUNTEER
 FIREFIGHTER  FILE  A  CLAIM FOR OR RECEIVE AN ENHANCED CANCER DISABILITY
 BENEFIT UNDER THE PROVISIONS OF THIS SECTION SHALL  REPORT  SUCH  CLAIMS
 FILED,  CLAIMS PAID AND TYPES OF CLAIMS TO THE OFFICE OF FIRE PREVENTION
 AND CONTROL. BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY, THE OFFICE
 OF FIRE AND PREVENTION CONTROL SHALL REPORT ANNUALLY  TO  THE  GOVERNOR,
 THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
 CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS
 AND MEANS COMMITTEE THE NUMBER OF FIREFIGHTERS  WHO  HAVE  FILED  CLAIMS
 PURSUANT  TO  THIS  SECTION  AND  THE  NUMBER  OF  FIREFIGHTERS WHO HAVE
 RECEIVED BENEFITS UNDER THE PROVISIONS OF THIS SECTION.
   7. THE OFFICE OF FIRE PREVENTION AND CONTROL, IN CONSULTATION WITH THE
 DEPARTMENT OF FINANCIAL SERVICES AND THE  WORKERS'  COMPENSATION  BOARD,
 SHALL  ADOPT  SUCH RULES AND REGULATIONS AS ARE REASONABLE AND NECESSARY

 A. 711--B                           4
 
 TO IMPLEMENT THE PROVISIONS OF THIS SECTION.    SUCH  REGULATIONS  SHALL
 INCLUDE  THE  PROCESS  BY  WHICH  A  FIREFIGHTER  FILES  A CLAIM FOR THE
 ENHANCED CANCER DISABILITY BENEFIT, HOW THE BENEFICIARY OF SUCH ELIGIBLE
 VOLUNTEER  FIREFIGHTER FILES A CLAIM FOR THE ENHANCED CANCER DEATH BENE-
 FIT, THE PROCESS BY WHICH CLAIMANTS CAN APPEAL A DENIAL OF BENEFITS  AND
 WHAT PROOF IS DEEMED ACCEPTABLE TO QUALIFY FOR SUCH BENEFITS.
   § 3. Subsection (c) of section 612 of the tax law is amended by adding
 a new paragraph 42 to read as follows:
   (42)  INSURANCE PAYMENTS RECEIVED BY AN ELIGIBLE VOLUNTEER FIREFIGHTER
 FOR THE CANCER DISABILITY BENEFITS IN SECTION TWO HUNDRED FIVE-CC OF THE
 GENERAL MUNICIPAL LAW TO THE  EXTENT  INCLUDABLE  IN  GROSS  INCOME  FOR
 FEDERAL INCOME TAX PURPOSES.
   §  4.  This  act shall take effect January 1, 2019; provided, however,
 that effective immediately, the addition and/or repeal of  any  rule  or
 regulation necessary for the implementation of this act on its effective
 date  are  authorized and directed to be made and completed on or before
 such effective date; and provided further, however, that the regulations
 required pursuant to subdivision 7 of  section  205-cc  of  the  general
 municipal  law as added by section two of this act shall be finalized no
 later than June 1, 2018.