S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1318--A
     Cal. No. 898
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sens. GAUGHRAN, GRIFFO, BORRELLO, BROOKS, COMRIE, GALLI-
   VAN,  HELMING,  HINCHEY,  JORDAN,  KAPLAN,  REICHLIN-MELNICK,  SERINO,
   THOMAS  --  read  twice  and  ordered  printed, and when printed to be
   committed to the Committee on Local Government --  reported  favorably
   from  said  committee  and  committed  to  the Committee on Finance --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
   teer  ambulance workers' benefit law, in relation to increasing tempo-
   rary total disability benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  9 of the volunteer firefighters' benefit law, as
 amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
 follows:
   § 9. Temporary  total  disability  benefits.  In the case of temporary
 total disability the volunteer firefighter shall  be  paid  one  hundred
 twenty-five  dollars  for  each  week  during  the  continuance thereof;
 provided, however, that when the volunteer firefighter is injured in the
 line of duty on or after July first, nineteen hundred  seventy-eight  to
 December  thirty-first, nineteen hundred seventy-eight, said firefighter
 shall receive one hundred eighty dollars per week during the continuance
 thereof; and further provided, that when the  volunteer  firefighter  is
 injured  in the line of duty on or after January first, nineteen hundred
 seventy-nine to June  thirtieth,  nineteen  hundred  eighty-three,  said
 firefighter  shall  receive  two hundred fifteen dollars per week during
 the continuance thereof; and further provided, that when  the  volunteer
 firefighter is injured in the line of duty on or after July first, nine-
 teen  hundred  eighty-three  to June thirtieth, nineteen hundred eighty-
 four, said firefighter shall receive two hundred fifty-five dollars  per
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01777-03-1

 S. 1318--A                          2
 
 week during the continuance thereof; and further provided, that when the
 volunteer  firefighter  is  injured in the line of duty on or after July
 first, nineteen hundred eighty-four to June thirtieth, nineteen  hundred
 eighty-five,  said  firefighter  shall  receive two hundred seventy-five
 dollars per week during the continuance thereof; and  further  provided,
 that when the volunteer firefighter is injured in the line of duty on or
 after  July first, nineteen hundred eighty-five to June thirtieth, nine-
 teen hundred  ninety,  said  firefighter  shall  receive  three  hundred
 dollars  per  week during the continuance thereof; and further provided,
 that when the volunteer firefighter is injured in the line of duty on or
 after July first, nineteen hundred ninety to  June  thirtieth,  nineteen
 hundred  ninety-one,  said firefighter shall receive three hundred forty
 dollars per week during the continuance thereof; and  further  provided,
 that  when  a volunteer firefighter is injured in the line of duty on or
 after July first, nineteen hundred ninety-one to June  thirtieth,  nine-
 teen  hundred  ninety-two,  said firefighter shall receive three hundred
 fifty dollars per week  during  the  continuance  thereof;  and  further
 provided,  that  when  a volunteer firefighter is injured in the line of
 duty on or after July first, nineteen hundred ninety-two TO JUNE THIRTI-
 ETH, TWO  THOUSAND  TWENTY-ONE,  said  firefighter  shall  receive  four
 hundred  dollars  per  week  during the continuance thereof; AND FURTHER
 PROVIDED, THAT WHEN A VOLUNTEER FIREFIGHTER IS INJURED IN  THE  LINE  OF
 DUTY  ON  OR AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE, SAID FIREFIGHTER
 SHALL RECEIVE SIX HUNDRED FIFTY DOLLARS PER WEEK DURING THE  CONTINUANCE
 THEREOF. Temporary total disability, within the meaning of this section,
 shall  exist  only  if the earning capacity of the volunteer firefighter
 has been lost temporarily and totally as the result of  the  injury.  In
 case of temporary total disability and permanent partial disability both
 resulting  from  the  same  injury,  if  the  temporary total disability
 continues for a longer period than the number of weeks set forth in  the
 following  schedule,  the period of temporary total disability in excess
 of such number of weeks shall be added to the period provided in section
 ten of this article: arm, thirty-two  weeks;  leg,  forty  weeks;  hand,
 thirty-two  weeks;  foot, thirty-two weeks; ear, twenty-five weeks; eye,
 twenty weeks; thumb, twenty-four weeks; first  finger,  eighteen  weeks;
 great  toe,  twelve  weeks;  second  finger, twelve weeks; third finger,
 eight weeks; fourth finger, eight weeks; toe other than great toe, eight
 weeks. In any case resulting in loss or partial loss of use of arm, leg,
 hand, foot, ear, eye, thumb, finger or toe, where  the  temporary  total
 disability  does  not extend beyond the periods above mentioned for such
 injury, benefits shall be limited to the schedule contained  in  section
 ten of this article.
   §  2.  Section  9  of the volunteer ambulance workers' benefit law, as
 amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
 follows:
   § 9. Temporary  total  disability  benefits.  In the case of temporary
 total disability the volunteer ambulance  worker  shall  be  paid  three
 hundred  dollars for each week during the continuance thereof; provided,
 however, that when the volunteer ambulance worker is injured in the line
 of duty on or after the effective date of this chapter to  June  thirti-
 eth,  nineteen hundred ninety; further provided, that when the volunteer
 ambulance worker is injured in the line of duty on or after July  first,
 nineteen  hundred ninety to June thirtieth, nineteen hundred ninety-one,
 said ambulance worker shall receive three hundred forty dollars per week
 during the continuance thereof, and further provided, that when a volun-
 teer ambulance worker is injured in the line of duty on  or  after  July

 S. 1318--A                          3
 
 first,  nineteen  hundred ninety-one to June thirtieth, nineteen hundred
 ninety-two, said ambulance worker  shall  receive  three  hundred  fifty
 dollars  per  week during the continuance thereof; provided further that
 when  a  volunteer ambulance worker is injured in the line of duty on or
 after July first, nineteen hundred ninety-two  TO  JUNE  THIRTIETH,  TWO
 THOUSAND  TWENTY-ONE,  such  ambulance worker shall be paid four hundred
 dollars for each week during the continuance thereof;  PROVIDED  FURTHER
 THAT WHEN A VOLUNTEER AMBULANCE WORKER IS INJURED IN THE LINE OF DUTY ON
 OR AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE SUCH AMBULANCE WORKER SHALL
 BE  PAID  SIX HUNDRED FIFTY DOLLARS FOR EACH WEEK DURING THE CONTINUANCE
 THEREOF. Temporary total disability, within the meaning of this section,
 shall exist only if the earning  capacity  of  the  volunteer  ambulance
 worker  has been lost temporarily and totally as the result of the inju-
 ry. In case of temporary total disability and permanent partial disabil-
 ity both resulting from the same injury, if the temporary total disabil-
 ity continues for a longer period than the number of weeks set forth  in
 the  following  schedule,  the  period  of temporary total disability in
 excess of such number of weeks shall be added to the period provided  in
 section  ten  of  this chapter: arm, thirty-two weeks; leg, forty weeks;
 hand, thirty-two weeks; foot, thirty-two weeks; ear, twenty-five  weeks;
 eye,  twenty  weeks;  thumb,  twenty-four  weeks; first finger, eighteen
 weeks; great toe, twelve  weeks;  second  finger,  twelve  weeks;  third
 finger,  eight  weeks,  fourth finger, eight weeks; toe other than great
 toe, eight weeks. In any case resulting in loss or partial loss  of  use
 of  arm,  leg,  hand,  foot,  ear,  eye, thumb, finger or toe, where the
 temporary total disability does not  extend  beyond  the  periods  above
 mentioned  for  such  injury,  benefits shall be limited to the schedule
 contained in section ten of this chapter.
   § 3. This act shall take effect immediately and shall apply to  weekly
 benefit periods that commence after July 1, 2022.