NY State Senate Bill S952

Current Bill Status - Passed Senate

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2021	referred to local governments delivered to assembly passed senate
Feb 10, 2021	advanced to third reading
Feb 09, 2021	2nd report cal.
Feb 08, 2021	1st report cal.285
Jan 06, 2021	referred to local government

Votes

view votes

Feb 24, 2021 - floor Vote

S952

floor

Aye

Nay

Absent

Excused

Abstained

Feb 8, 2021 - Local Government committee Vote

S952

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S952 (ACTIVE) - Details

See Assembly Version of this Bill:: A602
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Add §7-b, Vol Ffs Ben L; add §7-b, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A963
2011-2012: S7196, A123
2013-2014: S683, A1152
2015-2016: S888, A1061
2017-2018: S1195, A1451
2019-2020: S3057, A550

S952 (ACTIVE) - Summary

Establishes the payment of certain volunteer firefighter and volunteer ambulance worker death benefits shall be within ninety days of the filing of application to receive such death benefit.

S952 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S952

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to the payment of death
benefits

 
PURPOSE OR GENERAL IDEA OF THE BILL:

To establish the payment of certain volunteer firefighter and volunteer
ambulance worker death benefits to be paid within ninety days of the
filing of application to receive such death benefits.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill establishes the payment of certain volunteer fire-
fighter death benefits shall be within ninety days of the filing of
application to receive such death benefit

Section 2 of the bill establishes the payment certain volunteer ambu-
lance worker death benefits shall be within ninety days of the filing of
application to receive such death benefit.

Sections 1 and 2 of the bill both require the workers' compensation
board to conduct outreach and support services to persons entitled to
the death benefit payable under Section 7 of the VFBL and the VAWBL.

Section 3 sets forth an immediate effective date.

 
JUSTIFICATION:

Section 7 of the Volunteer Firefighters' Benefit Law (VFBL) provides a
death benefit of $50,000 for volunteer firefighters who die in the line
of duty. Over the years, there have been a number of instances in which
payment of the VFBL death benefits were delayed. These delays only cause
significant hardship (financial and otherwise) for the beneficiary of
the volunteer firefighter. It has been documented that in certain cases
beneficiaries have waited over 6 months to receive payment of benefit.
In at, least one instance, a widow had to wait two and a half years
before being compensated and almost lost her house as a result. This
legislation will assist surviving spouses and beneficiaries through the
claims process and mandate that payment of benefits be made available
within 90 days upon the filing of application.

This legislation will also provide this same protection under Section 7
of the Volunteer Ambulance Workers' Benefit Law (VAWBL).  This measure
will also encourage communication and coordination among the workers'
compensation board, volunteer fire and ambulance service organizations,
volunteer firefighters and ambulance workers and their families. While
it is clear that some period of time is required in order to determine
whether a death or injury occurred in the line of duty, excessive delays
in payment only create significant frustration and anguish to the family
of the volunteer firefighter. By including these minor additional param-
eters to the VFBL and VAWBL, this legislation will encourage communi-
cation among the interested parties and will ensure timely payment of
allowable benefits.

 
LEGISLATIVE HISTORY:

2019-20, S3057/A550
2017-18, S1195/A1451
2015, S.888-A/A.1061
2013-14, S.683/A.1152
2011-12, S. 7196/A.0123
2009-10, A.0963
2007-08, A.7854
2005-06, S.602/A.7247
2003-04, S.6539/A.10852

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

S952 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    952
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. GAUGHRAN, ADDABBO, BIAGGI, GOUNARDES, RIVERA -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Local Government
 
 AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
   teer  ambulance  workers'  benefit  law, in relation to the payment of
   death benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  volunteer  firefighters'  benefit  law is amended by
 adding a new section 7-b to read as follows:
   § 7-B. PAYMENT OF DEATH BENEFITS. 1. ALL DEATH BENEFITS PAYABLE  UNDER
 SECTION  SEVEN  OF  THIS  ARTICLE SHALL BE PAID TO THE PERSON OR PERSONS
 ENTITLED TO SUCH BENEFIT WITHIN NINETY DAYS OF THE DATE SUCH  PERSON  OR
 PERSONS  FILES  AN  APPLICATION  WITH THE WORKERS' COMPENSATION BOARD TO
 RECEIVE SUCH BENEFIT, EXCEPT IF THE EMPLOYER OR INSURANCE CARRIER  FILES
 A  NOTICE  OF  CONTROVERSY  WITH  THE CHAIR OF THE WORKERS' COMPENSATION
 BOARD IN ACCORDANCE WITH SECTION TWENTY-FIVE  OF  THE  WORKERS'  COMPEN-
 SATION  LAW;  PROVIDED  THAT  IF THERE IS A DISCREPANCY IN THE CLAIM FOR
 BENEFITS THAT WOULD PREVENT THE CLAIM FROM BEING PROCESSED WITHIN NINETY
 DAYS, THE WORKERS' COMPENSATION BOARD SHALL PROVIDE  WRITTEN  NOTICE  TO
 THE  CLAIMANT  WITHIN  SUCH NINETY DAY PERIOD EXPLAINING THE DISCREPANCY
 AND WHY THE CLAIM CANNOT BE PROCESSED WITHIN THE NINETY DAY PERIOD.
   2. THE WORKERS' COMPENSATION BOARD SHALL CONDUCT OUTREACH SERVICES  TO
 PROVIDE  COORDINATED  INFORMATION TO THE PERSON OR PERSONS ENTITLED TO A
 DEATH BENEFIT PAYABLE UNDER SECTION  SEVEN  OF  THIS  ARTICLE  REGARDING
 ASSISTANCE AVAILABLE TO HELP SUCH PERSON OR PERSONS WITH THE DEATH BENE-
 FIT PROGRAM'S APPLICATION PROCEDURES.
   § 2. The volunteer ambulance workers' benefit law is amended by adding
 a new section 7-b to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01627-01-1

 S. 952                              2
 
   §  7-B. PAYMENT OF DEATH BENEFITS. 1. ALL DEATH BENEFITS PAYABLE UNDER
 SECTION SEVEN OF THIS ARTICLE SHALL BE PAID TO  THE  PERSON  OR  PERSONS
 ENTITLED  TO  SUCH BENEFIT WITHIN NINETY DAYS OF THE DATE SUCH PERSON OR
 PERSONS FILES AN APPLICATION WITH THE  WORKERS'  COMPENSATION  BOARD  TO
 RECEIVE  SUCH BENEFIT, EXCEPT IF THE EMPLOYER OR INSURANCE CARRIER FILES
 A NOTICE OF CONTROVERSY WITH THE  CHAIR  OF  THE  WORKERS'  COMPENSATION
 BOARD  IN  ACCORDANCE  WITH  SECTION TWENTY-FIVE OF THE WORKERS' COMPEN-
 SATION LAW; PROVIDED THAT IF THERE IS A DISCREPANCY  IN  THE  CLAIM  FOR
 BENEFITS THAT WOULD PREVENT THE CLAIM FROM BEING PROCESSED WITHIN NINETY
 DAYS,  THE  WORKERS'  COMPENSATION BOARD SHALL PROVIDE WRITTEN NOTICE TO
 THE CLAIMANT WITHIN SUCH NINETY DAY PERIOD  EXPLAINING  THE  DISCREPANCY
 AND WHY THE CLAIM CANNOT BE PROCESSED WITHIN THE NINETY DAY PERIOD.
   2.  THE WORKERS' COMPENSATION BOARD SHALL CONDUCT OUTREACH SERVICES TO
 PROVIDE COORDINATED INFORMATION TO THE PERSON OR PERSONS ENTITLED  TO  A
 DEATH  BENEFIT  PAYABLE  UNDER  SECTION  SEVEN OF THIS ARTICLE REGARDING
 ASSISTANCE AVAILABLE TO HELP SUCH PERSON OR PERSONS WITH THE DEATH BENE-
 FIT PROGRAM'S APPLICATION PROCEDURES.
   § 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S952

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 24, 2021 - floor Vote

Floor Vote: Feb 24, 2021

Feb 8, 2021 - Local Government committee Vote

Local Government Committee Vote: Feb 8, 2021

Co-Sponsors

S952 (ACTIVE) - Details

S952 (ACTIVE) - Summary

S952 (ACTIVE) - Sponsor Memo

S952 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S952

Share this bill

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 24, 2021 - floor Vote

Floor Vote: Feb 24, 2021

Feb 8, 2021 - Local Government committee Vote

Local Government Committee Vote: Feb 8, 2021

Co-Sponsors

S952 (ACTIVE) - Details

S952 (ACTIVE) - Summary

S952 (ACTIVE) - Sponsor Memo

S952 (ACTIVE) - Bill Text download pdf

Comments