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This entry was published on 2023-09-22
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SECTION 30
Liability for and payment of benefits
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 3
§ 30. Liability for and payment of benefits. Except as otherwise
provided in article five of the workers' compensation law, in section
two hundred nine-i of the general municipal law and in section
twenty-one of this chapter:

1. If at the time of injury the volunteer firefighter was a member of
a fire company of a county, city, town, village or fire district fire
department, any benefit under this chapter shall be a county, city,
town, village or fire district charge, as the case may be, and any claim
therefor shall be audited in the same manner as other claims against the
county, city, town, village or fire district and the amount thereof
shall be raised and paid in the same manner as other county, city, town,
village or fire district charges.

2. If at the time of injury the volunteer firefighter was a member of
a fire company incorporated under the membership corporations law, or
any other law, and located in a city, village, or fire district,
protected under a contract by the fire department or fire company of
which the volunteer firefighter was a member, any benefit under this
chapter shall be a city, village or fire district charge, as the case
may be, and any claim therefor shall be audited in the same manner as
other claims against the city, village or fire district and the amount
thereof shall be raised and paid in the same manner as other city,
village or fire district charges.

3. If at the time of injury the volunteer firefighter was a member of
a fire company incorporated under the membership corporations law, or
any other law, and located in a fire protection district, or fire alarm
district, protected under a contract by such fire company, any benefit
under this chapter shall be a town charge and any claim therefor shall
be audited and paid in the same manner as town charges and the amount
thereof shall be raised upon the property liable to taxation in the fire
protection district or fire alarm district in the same manner as town
charges therein are raised.

4. If at the time of injury the volunteer firefighter was a member of
a fire company incorporated under the membership corporations law, or
any other law, and located outside of a city, village, fire district,
fire protection district or fire alarm district, any benefit under this
chapter shall be a town charge and any claim therefor shall be audited
and paid in the same manner as town charges and the amount thereof
raised upon the property liable to taxation in such outside territory
protected by such fire company in the same manner as town charges
therein are raised.

5. If at the time of injury the volunteer firefighter was a member of
a fire company or fire department operating in, or maintained jointly by
two or more villages, or two or more towns, or two or more fire
districts, any benefit under this chapter shall be a charge against such
villages, towns or fire districts, in the proportion that the full
valuation of taxable real estate in each bears to the aggregate full
valuation of the taxable real estate of all such villages, towns or fire
districts and the amount thereof shall be audited, raised and paid in
the same manner as other village, town or fire district charges. Full
valuation shall be determined by dividing the assessed valuations of
taxable real estate of each such village, town or fire district as shown
by the latest completed assessment roll of the village, town or fire
district by the equalization rate established by the authorized state
agency or officer for such roll; provided, however, in a county having a
county department of assessment the full valuation in towns and fire
districts shall be determined by applying the state equalization rate
established for the town, or the town in which the fire district is
located, to the appropriate portion of the last completed county roll.

6. The provisions of subdivisions one to five, inclusive, of this
section shall not apply if the injury results from services performed
when assistance is being rendered to:

a. Another city, town which has a town fire department, village or
fire district, including one protected under a contract by the fire
department or fire company of which the volunteer firefighter is a
member,

b. A fire protection district or fire alarm district, including one
protected under a contract by the fire department or fire company of
which the volunteer firefighter is a member,

c. The area of a town protected by a fire company incorporated under
the membership corporations law, or any other law, and located outside
of a city, village, fire district, fire protection district, or fire
alarm district,

d. The unorganized area of a town (outside of a city, village, fire
district, fire protection district, fire alarm district, and also
outside the area protected by a fire company incorporated under the
membership corporations law, or any other law, and located outside of a
city, village, fire district, fire protection district or fire alarm
district),

e. The joint area protected by a fire company or fire department
operating in, or maintained jointly by two or more villages, or two or
more towns, or two or more fire districts,

f. A fire department of a county which has a fire department, or

g. A county which has requested fire aid pursuant to section two
hundred nine-e of the general municipal law,
pursuant to a call to furnish assistance to any such municipal
corporation, district or area in cases of fire or other emergencies, or
for other authorized purposes, or while going to or returning from the
place where the assistance is to be or was rendered, or if death shall
result from the effects of any such injury, and in any such case any
such benefit shall be a charge against such aided municipal corporation,
district or area and after audit shall be paid and the amount thereof
shall be raised upon the property liable to taxation in such municipal
corporation, district or area, in the same manner as other charges
against the same are raised, except that in the cases described at
paragraphs b, c and d of this subdivision, the town in which the
district or area is located shall be primarily liable for such payment.
If there is no property liable to taxation in any area described in
paragraph d, the benefit shall be a town charge and any claim therefor
shall be audited and paid in the same manner as town charges and the
amount thereof shall be raised upon the taxable real property in the
town in the same manner as town charges therein are raised.

In the case of a false call for assistance, any such benefit shall be
audited, raised and paid in the manner provided in subdivisions one to
five, inclusive, of this section, as the case may be.

The term "assistance", as used in this section, includes the services
of firefighting forces, fire police squads, emergency rescue and first
aid squads rendered in case of a fire or other emergency, including
stand-by service, to aid (1) a fire department, fire company, or any
unit thereof, other than that of which the volunteer firefighter is a
member and (2) owners or occupants of property, and other persons,
whether or not such owners, occupants or persons are receiving fire or
other emergency service from a fire department, fire company, or any
unit thereof, other than that of which the volunteer firefighter is a
member.

Except as otherwise provided by law in the case of natural disaster
emergencies, a call to furnish assistance may be made by any person
aware of the peril involved and the need for assistance or pursuant to
any legally authorized or recognized plan for the furnishing of mutual
aid in cases of fire or other emergency. The call need not originate in
the municipal corporation, district or area ultimately liable for
benefits under this section and may be relayed through one or more
persons or mediums of communication.

The provisions of this subdivision shall not apply if the injury
results from services performed by the volunteer firefighter in a
natural disaster emergency and he or she was serving as part of the
civil defense forces activated, and when assistance is being so rendered
the benefits to be paid and provided under this chapter shall be paid
and provided by the political subdivisions which would be liable under
subdivisions one to five, inclusive, of this section.

If death or injury results from the performance of duty by a volunteer
firefighter serving as fire chief while inspecting a public or private
school pursuant to paragraph c of subdivision seven of section eight
hundred seven-a of the education law for fire prevention and protection
purposes in a fire district, fire protection district or fire alarm
district furnished fire protection pursuant to a contract by his or her
fire department or fire company, or from necessary travel directly
connected with any such duty, then the benefits to be paid and provided
under this chapter shall be a charge against such fire district, fire
protection district or fire alarm district so protected pursuant to
contract and after audit shall be paid and the amount thereof shall be
raised upon the property liable to taxation in any such district in the
same manner as other charges against the same are raised, except that in
the case of a fire protection district or fire alarm district, the town
in which the district is located shall be primarily liable for such
payment.

If death or injury results from the performance of duty under
subdivision four of section three hundred three of the multiple
residence law, or from necessary travel directly connected with any such
assignment, and the building or property inspected or to be inspected is
not located in the area regularly served and protected by the fire
department or fire company of which the volunteer firefighter is a
member, but is located in a city, town which has a fire department,
village, fire district, fire protection district or fire alarm district
served and protected pursuant to a contract for fire protection by the
fire department or fire company of which the volunteer firefighter is a
member, then the benefits to be paid and provided under this chapter
shall be a charge against such political subdivision, fire protection
district or fire alarm district so protected pursuant to contract and
after audit shall be paid and the amount thereof shall be raised upon
the property liable to taxation in such political subdivision or
district in the same manner as other charges against the same are
raised, except that in the case of a fire protection district or fire
alarm district, the town in which the district is located shall be
primarily liable for such payment.

If death or injury results from the performance of duty by a volunteer
firefighter while inspecting buildings for fire hazards in a city,
village, fire district, fire protection district or fire alarm district
furnished fire protection pursuant to a contract by his or her fire
department or fire company, or from necessary travel directly connected
with any such duty, then the benefits to be paid and provided under this
chapter shall be a charge against such city, village, fire district,
fire protection district or fire alarm district so protected pursuant to
contract and after audit shall be paid and the amount thereof shall be
raised upon the property liable to taxation in any such city, village or
district in the same manner as other charges against the same are
raised, except that in the case of a fire protection district or fire
alarm district, the town in which the district is located shall be
primarily liable for such payment. This paragraph shall not be
applicable in any city, however, unless a city charter or other law
under which the city operates, or a local law adopted by the city,
authorizes such an inspection in areas of the city receiving fire
protection pursuant to a contract. The term "building," as used in this
paragraph, does not include a multiple dwelling which may be inspected
by such fire department or company under and pursuant to the provisions
of subdivision four of section three hundred three of the multiple
residence law.

The foregoing provisions of this subdivision shall apply only in cases
where volunteer firefighters are injured in line of duty prior to the
first day of March, nineteen hundred sixty-four; and in death cases
where death results from injuries sustained prior to such date. Where
volunteer firefighters are injured in line of duty on or after the first
day of March, nineteen hundred sixty-four, and in death cases where
death results from injuries sustained on or after such date, the
liability for benefits under this chapter shall be determined pursuant
to subdivisions one to five, inclusive, of this section, except as
otherwise provided in article five of the workers' compensation law,
section two hundred nine-i of the general municipal law and in section
twenty-one of this chapter.

6-a. The provisions of subdivisions one to six, inclusive, of this
section shall not apply if the injury results from services performed
when general ambulance service is furnished under a fire protection
contract pursuant to section two hundred nine-b of the general municipal
law for (1) another city, village or fire district, protected under a
contract by the fire department or fire company of which the volunteer
firefighter is a member or (2) a fire protection district or fire alarm
district, protected under a contract by the fire department or fire
company of which the volunteer firefighter is a member, pursuant to a
call to furnish such service in any such municipal corporation or
district, or while going to or returning from the place where the
service is to be or was furnished, or if death shall result from the
effects of any such injury, and in any such case any such benefit shall
be a charge against such municipal corporation or district and after
audit shall be paid and the amount thereof shall be raised upon the
property liable to taxation in such municipal corporation or district,
in the same manner as other charges against the same are raised, except
that in the case of a fire protection district or fire alarm district
the town in which the district is located shall be primarily liable for
such payment.

The foregoing provisions of this subdivision shall apply only in cases
where volunteer firefighters are injured in line of such general
ambulance service duty prior to the first day of March, nineteen hundred
sixty-four, and in death cases where death results from injuries
sustained prior to such date. Where volunteer firefighters are injured
in line of such general ambulance service duty on or after the first day
of March, nineteen hundred sixty-four, and in death cases where death
results from injuries sustained on or after such date, the liability for
benefits under this chapter shall be determined pursuant to subdivisions
one to five, inclusive, of this section, except as otherwise provided in
article five of the workers' compensation law, section two hundred
nine-i of the general municipal law and section twenty-one of this
chapter.

7. Any political subdivision may finance the payment of any benefits
to be paid and provided under this chapter by the issuance of serial
bonds or capital notes pursuant to the local finance law unless it is
required by some law, other than this chapter, to pay such benefits from
current funds.

8. Any political subdivision may contract for insurance indemnifying
against the liability imposed by this chapter and the cost of such
insurance shall be audited, raised and paid in the same manner as
benefits are required to be audited, raised and paid in this section.

9. Insurance authorized to be purchased pursuant to subdivision eight
of this section may be secured from the state fund or any stock
corporation, mutual corporation or reciprocal insurer authorized to
transact the business of workers' compensation in this state. If such
insurance is not secured, the political subdivision liable shall be
deemed to have elected to be a self-insurer unless it is a participant
in a county plan of self-insurance or its liability for benefits under
this chapter is covered by a town's participation in a county plan of
self-insurance as provided in subdivision three of section sixty-three
of the workers' compensation law or is a participant in a public group
self-insurance plan established under subdivision three-a of section
fifty of the workers' compensation law. Every such self-insurer shall
file with the chair of the workers' compensation board a notice of such
election prescribed in form by such chair. For failure to file such
notice within ten days after such election is made, the treasurer or
other fiscal officer of such political subdivision shall be liable to
pay to the chair of the workers' compensation board the sum of one
hundred dollars as a penalty, to be transferred to the state treasury. A
notice of election to be a self-insurer for compensation and benefits to
volunteer firefighters under the provisions of the workers' compensation
law and the general municipal law in effect prior to March first,
nineteen hundred fifty-seven, which was filed prior to such date
pursuant to the provisions of subdivision four of section fifty of the
workers' compensation law as in effect prior to such date shall be
deemed to be a notice of election filed under this section unless the
chair of the workers' compensation board is notified to the contrary.
The provisions of subdivision five of section fifty of the workers'
compensation law shall be applicable to such self-insurers.

10. The governing board of a political subdivision liable for the
payment of such benefits may authorize the treasurer or other fiscal
officer thereof to pay the financial benefits provided for in this
chapter to the person entitled thereto without waiting for an award in
any case in the manner provided in section forty-nine of this chapter.
The amount payable prior to an award pursuant to such authorization
shall constitute a settled claim within the meaning of the local finance
law.

11. A contract for fire protection, for the purposes of this section,
shall be deemed in full force and effect if negotiations are pending for
the renewal thereof.

12. Where a city, village, fire district or town on behalf of a fire
protection district or fire alarm district is furnished service by a
fire company, fire department, or any unit thereof pursuant to a
contract with another city, village, fire district, or an incorporated
fire company having its headquarters outside the city, village, fire
district, fire protection district or fire alarm district receiving such
service and the liability for benefits under this chapter in relation to
volunteer firefighters rendering such service pursuant to such contract
is not covered pursuant to a county self-insurance plan pursuant to
section sixty-three of the workers' compensation law, such contract
shall provide for payment to the city, village, fire district or town in
which such incorporated fire company has its headquarters, of a sum in
addition to the amount to be paid for such service pursuant to the
contract, to provide for any increase in cost, or any new or added cost
for insurance coverage for the liability for benefits under this chapter
by reason of the service rendered pursuant to such contract, unless such
additional sum has been specifically included in the contract amount for
such service. Any such additional sum so paid shall not be subject to
division with a volunteer fire company as otherwise provided by law in
the case of contracts for such service.