S T A T E O F N E W Y O R K
________________________________________________________________________
7168
2023-2024 Regular Sessions
I N A S S E M B L Y
May 11, 2023
___________
Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
tee on Local Governments
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:
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07458-01-3
A. 7168 2
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.