senate Bill S7388A

2021-2022 Legislative Session

Relates to the workers' compensation benefit of certain disabled employees

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 10, 2022 reported and committed to finance
Feb 16, 2022 print number 7388a
Feb 16, 2022 amend and recommit to labor
Jan 05, 2022 referred to labor
Sep 20, 2021 referred to rules

Votes

view votes

May 10, 2022 - Labor committee Vote

S7388A
9
1
committee
9
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: May 10, 2022

nay (1)

S7388 - Details

See Assembly Version of this Bill:
A9897
Current Committee:
Senate Finance
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §204, Work Comp L

S7388 - Summary

Provides that the weekly benefit which the disabled employee is entitled to receive for disability commencing: on or after January first, two thousand twenty-four shall be fifty percent of the employee's average weekly wage but shall not exceed fifty percent of the state average weekly wage; on or after January first, two thousand twenty-five shall be fifty-five percent of the employee's average weekly wage but shall not exceed fifty-five percent of the state average weekly wage; on or after January first, two thousand twenty-six shall be sixty percent of the employee's weekly average wage but shall not exceed sixty percent of the state average weekly wage; and on or after January first of each succeeding year, shall be sixty-seven percent of the employee's average weekly wage but shall not exceed sixty-seven percent of the state average weekly wage.

S7388 - Sponsor Memo

S7388 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7388
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 20, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the workers' compensation law, in relation to the weekly
   benefit of a disabled employee
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 2 of section 204 of the workers'
 compensation  law,  as  amended by section 5 of part SS of chapter 54 of
 the laws of 2016, is amended to read as follows:
   (b) THE WEEKLY BENEFIT WHICH THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
 RECEIVE  FOR  DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY-THREE SHALL BE ONE-HALF OF THE EMPLOYEE'S WEEKLY  WAGE,  BUT
 IN  NO  CASE SHALL SUCH BENEFIT EXCEED THREE HUNDRED DOLLARS. The weekly
 benefit which the disabled employee is entitled to receive for disabili-
 ty commencing on or after May first, nineteen  hundred  eighty-nine  AND
 PRIOR  TO  JANUARY FIRST, TWO THOUSAND TWENTY-THREE shall be one-half of
 the employee's weekly wage, but in no case shall such benefit exceed one
 hundred seventy dollars; except that if the  employee's  average  weekly
 wage  is  less  than  twenty  dollars, the benefit shall be such average
 weekly wage. The weekly benefit which the disabled employee is  entitled
 to  receive  for  disability commencing on or after July first, nineteen
 hundred eighty-four shall be one-half of the employee's weekly wage, but
 in no case shall such benefit exceed  one  hundred  forty-five  dollars;
 except  that  if  the employee's average weekly wage is less than twenty
 dollars, the benefit shall be such average weekly wage. The weekly bene-
 fit which the disabled employee is entitled to  receive  for  disability
 commencing  on  or  after  July first, nineteen hundred eighty-three and
 prior to July first, nineteen hundred eighty-four shall be  one-half  of
 the  employee's  average  weekly wage, but in no case shall such benefit
 exceed one hundred thirty-five dollars nor be less than twenty  dollars;
 except  that  if  the employee's average weekly wage is less than twenty
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S7388A (ACTIVE) - Details

See Assembly Version of this Bill:
A9897
Current Committee:
Senate Finance
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §204, Work Comp L

S7388A (ACTIVE) - Summary

Provides that the weekly benefit which the disabled employee is entitled to receive for disability commencing: on or after January first, two thousand twenty-four shall be fifty percent of the employee's average weekly wage but shall not exceed fifty percent of the state average weekly wage; on or after January first, two thousand twenty-five shall be fifty-five percent of the employee's average weekly wage but shall not exceed fifty-five percent of the state average weekly wage; on or after January first, two thousand twenty-six shall be sixty percent of the employee's weekly average wage but shall not exceed sixty percent of the state average weekly wage; and on or after January first of each succeeding year, shall be sixty-seven percent of the employee's average weekly wage but shall not exceed sixty-seven percent of the state average weekly wage.

S7388A (ACTIVE) - Sponsor Memo

S7388A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7388--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 20, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN ACT to amend the workers' compensation law, in relation to the weekly
   benefit of a disabled employee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 2 of section 204 of the  work-
 ers'  compensation law, as amended by section 5 of part SS of chapter 54
 of the laws of 2016, is amended to read as follows:
   (b) THE WEEKLY BENEFIT WHICH THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
 RECEIVE  FOR  DISABILITY  COMMENCING: (I) ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-FOUR SHALL BE FIFTY PERCENT OF  THE  EMPLOYEE'S  AVERAGE
 WEEKLY  WAGE  BUT  SHALL  NOT  EXCEED FIFTY PERCENT OF THE STATE AVERAGE
 WEEKLY WAGE; (II) ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  TWENTY-FIVE
 SHALL  BE  FIFTY-FIVE  PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT
 SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE  AVERAGE  WEEKLY  WAGE;
 (III)  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX SHALL BE SIXTY
 PERCENT OF THE EMPLOYEE'S WEEKLY AVERAGE WAGE BUT SHALL NOT EXCEED SIXTY
 PERCENT OF THE STATE AVERAGE WEEKLY WAGE; AND (IV) ON OR  AFTER  JANUARY
 FIRST  OF  EACH  SUCCEEDING  YEAR,  SHALL  BE SIXTY-SEVEN PERCENT OF THE
 EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED SIXTY-SEVEN  PERCENT
 OF  THE STATE AVERAGE WEEKLY WAGE. The weekly benefit which the disabled
 employee is entitled to receive for disability commencing  on  or  after
 May  first, nineteen hundred eighty-nine AND PRIOR TO JANUARY FIRST, TWO
 THOUSAND TWENTY-FOUR shall be one-half of the  employee's  weekly  wage,
 but  in  no  case shall such benefit exceed one hundred seventy dollars;
 except that if the employee's average weekly wage is  less  than  twenty
 dollars, the benefit shall be such average weekly wage. The weekly bene-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13128-02-2

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