S T A T E O F N E W Y O R K
________________________________________________________________________
9521
I N S E N A T E
July 29, 2022
___________
Introduced by Sen. JACKSON -- 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 removing
the age cap for children receiving death benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1-b, 1-c, 1-d, 2, 2-a, 2-b, 3, 3-a, 3-b, 4,
4-a, 4-b, 4-c, 4-d and 6 of section 16 of the workers' compensation law,
subdivisions 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 by chap-
ter 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, subdivision 4-b as added by chapter 296 of the laws of
1990 and subdivision 6 as amended by chapter 322 of the laws of 2021,
are amended to read as follows:
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,
nineteen 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 during widowhood or widowerhood with two years'
compensation in one sum, upon remarriage; and where the death occurred
prior to July first, nineteen hundred forty-eight, to such wife (or
dependent husband) thirty per centum of such wages 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
per centum of the average wages of the deceased during widowhood or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16121-02-2
S. 9521 2
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] I 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.
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 seven-
ty-five per centum of the average wages of the deceased during widowhood
or widowerhood, with two years' compensation, in one sum, upon remar-
riage. Where such death occurs, and the spouse is receiving the survi-
vors insurance benefits 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 survivors insurance benefits under the social security act.
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
S. 9521 3
thirty per centum of the average wages of the deceased during widowhood
or widowerhood with two years' compensation in one sum, upon remarriage;
and the additional amount of twenty per centum of such wages for each
such child [until the age of eighteen years 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 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] THEIR compensation increased to thirty per centum of such
wages[, 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 paya-
ble shall in no case exceed sixty-six and two-thirds per centum of such
wages. Upon statutory termination of compensation payments to all such
children, the compensation of the surviving spouse shall be increased to
forty per centum of such wages with two years' compensation, 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 per centum of the average wages of the deceased during widowhood
(or dependent widowerhood) with two years' compensation in one sum, upon
remarriage; and the additional amount of ten per centum of such wages
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]
THEIR compensation increased to fifteen per centum of such wages [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 per centum of such wages.
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, nine-
teen hundred seventy-eight, to such spouse thirty-six and two-thirds per
centum of the average wages of the deceased during widowhood or widower-
hood with two years' compensation in one sum, upon remarriage; and thir-
ty per centum of such wages 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] THEIR compensation increased to sixty-six and
two-thirds per centum of such wages [and the same shall be payable so
long as he is under the age of eighteen years or under the age of twen-
ty-three years if enrolled and attending as a full time student in an
S. 9521 4
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 sixty-six and two-thirds per centum of such
wages 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 per centum of such wages. 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 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 survivors insurance benefits under the social
security act as set forth in table No. I below.
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
thirty-six and two-thirds per centum of the average wage of the deceased
during widowhood or widowerhood with two years' compensation in one sum
upon remarriage; and thirty per centum of such wages 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 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], 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 per centum of such wages and the aggregate sum shall be payable,
share and share alike[, so long as they are under the age of eighteen
S. 9521 5
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 remarriage of such surviving spouse, if there be two
surviving children each shall receive twenty-five per centum of such
wages, 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 dependent blind
or physically disabled] sixty-six and two-thirds per centum of such
wages share and share alike. Upon statutory termination of compensation
payable to such children, the compensation of the surviving spouse shall
be increased to sixty-six and two-thirds per centum of such wages 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 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 insurance benefits under
the social security act as set forth in table No. II below.
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
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 of the deceased during widowhood or
widowerhood, with two years' compensation in one sum, upon remarriage;
S. 9521 6
and thirty-five per centum of such wages 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 institu-
tion 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]; in the case of the subsequent death of such surviving
spouse the surviving child shall have [his or her] THEIR compensation
increased to seventy-five per centum of such wages [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 enroll-
ment 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 compen-
sation of the surviving spouse shall be increased to seventy-five per
centum of such wages 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. 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 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 such spouse's share of the survi-
vors insurance benefits under the social security act as set forth in
table No. I in subdivision one-c of this section. If there be a surviv-
ing 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 condi-
tion that was the 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 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] 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 during widowhood or
widowerhood with two years' compensation in one sum upon remarriage; and
thirty-five per centum of such wages 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 institu-
tion 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 subse-
quent death of such surviving spouse the surviving children shall have
their compensation increased to seventy-five per centum of such wages
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 twen-
ty-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 thirty-seven and one-half per centum of such wages, and if
there are surviving more than two children [under the age of eighteen
S. 9521 7
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 dependant blind or physically
disabled], seventy-five per centum of such wages 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 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 insur-
ance 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 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.
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 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, 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 per centum of the wages of the deceased;
provided that the aggregate shall in no case exceed sixty-six and two-
thirds per centum of such wages.
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 per
centum of the wages of the deceased. Where there are two or more chil-
dren, 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
S. 9521 8
physically disabled 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 educa-
tional institution 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. Where there are two or more chil-
dren, 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 chil-
dren] shall be less in the aggregate than sixty-six and two-thirds per
centum of the average wages of the deceased, then where the death occurs
on or after July first, nineteen hundred forty-eight, and prior to Janu-
ary first, nineteen hundred seventy-eight, for the support of grandchil-
dren or brothers and sisters under the age of eighteen years, if depend-
ent upon the deceased at the time of the accident, twenty-five per
centum of such wages 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 during dependency. But
in no case shall the aggregate amount payable under this subdivision
exceed the difference between sixty-six and two-thirds per centum of
such wages, and the amount payable as hereinbefore provided to surviving
spouse or for the support of surviving child or children.
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 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]
THEM at the time of the accident, forty per centum of such wages during
such dependency. But in no case shall the aggregate amount payable under
this subdivision exceed sixty-six and two-thirds per centum of such
wages.
S. 9521 9
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
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 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 educa-
tional 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] THEM at the time of the accident, forty per
centum of such wages during such dependency. But in no case shall the
aggregate amount payable under this subdivision exceed seventy-five per
centum of such wages.
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
S. 9521 10
thousand dollars shall be paid to the deceased's surviving parents or if
there be no surviving parents to the deceased's estate.
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 incarcerated individual 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 here-
under 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 continuance
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.
§ 2. Subdivision 4 of section 305 of the workers' compensation law, as
added by chapter 788 of the laws of 1951, paragraph (a) as amended by
chapter 204 of the laws of 1969, is amended to read as follows:
(4) Death. Compensation shall be paid in the amount, and to and for
the benefit of persons, as follows:
(a) Actual funeral expenses in a reasonable sum not exceeding seven
hundred and fifty dollars to a person or persons and in manner as
provided in section sixteen subdivision one.
(b) If there be a surviving dependent wife or dependent husband and no
surviving child of the deceased [under the age of eighteen years], to
such dependent wife or dependent husband forty per centum of the average
wages of the deceased as defined in [section sixteen] subdivision five
OF SECTION SIXTEEN OF THIS CHAPTER during widowhood or widowerhood;
provided that the total amount payable shall in no case exceed sixty-six
and two-thirds per centum of such wages or be paid for any period which,
when combined with other benefits provided under this article in the
event of disability preceding death, shall extend more than five years
from the date of injury.
(c) If there be a surviving dependent wife or dependent husband and
also a surviving child or children of the deceased [under the age of
eighteen years], to such dependent wife or dependent husband thirty per
centum of such average wages of the deceased during widowhood or widow-
erhood, and the additional amount of twenty per centum of such wages for
each such child[, but not after the child shall have attained the age of
eighteen years]; provided that the total amount payable shall in no case
exceed sixty-six and two-thirds per centum of such wages or be paid for
any period which, when combined with other benefits provided under this
article in the event of disability preceding death, shall extend more
than five years from the date of injury.
(d) If there be a surviving child or children of the deceased [under
the age of eighteen years], but no surviving dependent wife or dependent
husband, then for the support of each such child [but not after such
child shall have attained the age of eighteen years], thirty per centum
of such average wages of the deceased; provided that the total amount
payable shall in no case exceed sixty-six and two-thirds per centum of
such wages or be paid for a period which, when combined with other bene-
fits provided under this article in the event of disability preceding
death, shall extend more than five years from the date of injury.
(e) If there be no surviving dependent wife or dependent husband and
no surviving child or children [under the age of eighteen], no payment
shall be made to the special funds established under the provisions of
[section] SECTIONS fifteen and twenty-five-a of this chapter nor to any
S. 9521 11
person, except only for funeral expenses as provided in THIS subdivision
[four of this section].
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
