S T A T E O F N E W Y O R K
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255
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
COLTON, ENGLEBRIGHT, GUNTHER, ORTIZ, PERRY -- 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 of disability benefits in certain cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 15 of the workers' compensation law is amended by
adding a new subdivision 10 to read as follows:
10. COST-OF-LIVING ADJUSTMENTS OF DISABILITY BENEFITS IN CERTAIN
CASES. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ADDITION TO
ANY OTHER AMOUNT RECEIVED PURSUANT TO THIS ARTICLE AS DISABILITY BENE-
FITS, AN EMPLOYEE WITH A PERMANENT TOTAL DISABILITY OR THE BENEFICIARY-
DEPENDENT OF SUCH EMPLOYEE SHALL BE ENTITLED TO AN ADDITIONAL ALLOWANCE,
TO BE KNOWN AS A COST-OF-LIVING ADJUSTMENT ALLOWANCE, PAYABLE ANNUALLY.
(B) THE COST-OF-LIVING ADJUSTMENT ALLOWANCE SHALL BE COMPUTED BY
APPLYING AN ADJUSTMENT FOR REGIONAL COSTS OF LIVING AND SHALL BE BASED
ON FIFTY PERCENT OF THE ANNUAL INCREASE IN THE CONSUMER PRICE INDEX AS
PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
§ 2. The workers' compensation law is amended by adding a new section
208-a to read as follows:
§ 208-A. COST-OF-LIVING ADJUSTMENTS OF DISABILITY BENEFITS IN CERTAIN
CASES. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ADDITION TO ANY
OTHER AMOUNT RECEIVED PURSUANT TO THIS ARTICLE AS DISABILITY BENEFITS,
AN EMPLOYEE WITH A PERMANENT TOTAL DISABILITY OR THE BENEFICIARY-DEPEN-
DENT OF SUCH EMPLOYEE SHALL BE ENTITLED TO AN ADDITIONAL ALLOWANCE, TO
BE KNOWN AS A COST-OF-LIVING ADJUSTMENT ALLOWANCE, PAYABLE ANNUALLY.
2. THE COST-OF-LIVING ADJUSTMENT ALLOWANCE SHALL BE COMPUTED BY APPLY-
ING AN ADJUSTMENT FOR REGIONAL COSTS OF LIVING AND SHALL BE BASED ON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01989-01-9
A. 255 2
FIFTY PERCENT OF THE ANNUAL INCREASE IN THE CONSUMER PRICE INDEX AS
PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
§ 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.