A03498 Summary:

BILL NOA03498B
 
SAME ASSAME AS S05951-A
 
SPONSORWright
 
COSPNSR
 
MLTSPNSR
 
Amd 16, Work Comp L
 
Relates to the continuation of death benefits to a surviving spouse regardless of remarriage.
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A03498 Actions:

BILL NOA03498B
 
01/23/2015referred to labor
06/12/2015amend and recommit to labor
06/12/2015print number 3498a
01/06/2016referred to labor
05/17/2016amend and recommit to labor
05/17/2016print number 3498b
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A03498 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3498B
 
SPONSOR: Wright
  TITLE OF BILL: An act to amend the workers' compensation law, in relation to the continuation of death benefits to a surviving spouse regardless of remarriage   PURPOSE: Allow for the continuation of workers' compensation death benefits to a surviving spouse and children regardless of remarriage.   SUMMARY OF PROVISIONS: Amends Subdivisions 1-b, 1-c, 1-d, 2, 2-a, 2-b of section 16 of the workers' compensation law.   EXISTING LAW: Workers' Compensation Law provides Workers' compensation provides death benefits (survivor benefits) to a spouse and to dependent minor children of the deceased worker. Death benefits are calculated as a percentage of the deceased's average wages, subject to a minimum and a maximum. These benefits cease upon remarriage with the payment of two years compensation in a lump sum. If an injured worker dies from a job-related injury, the surviving spouse and/or minor children or, lacking such, other dependents as defined by law, are entitled to death and survivor benefits. Funeral expenses are payable up to statutory maximums.   JUSTIFICATION: The ability to remarry should not be hindered by the possibility of financial loss to a family who has already suffered the greatest loss, that of a spouse and parent. This legislation will allow for workers compensation survivor benefits to continue in the case of the remarriage of a surviving spouse, thus allowing a survivor to move forward in a new chapter of their life.   LEGISLATIVE HISTORY: 2013-2014: A6559   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: On the sixtieth day after it shall have become law.
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A03498 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3498--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2015
                                       ___________
 
        Introduced by M. of A. WRIGHT -- read once and referred to the Committee
          on  Labor  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee  on  Labor  in  accordance  with  Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to  amend  the  workers'  compensation  law, in relation to the
          continuation of death benefits to a  surviving  spouse  regardless  of
          remarriage
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1-b, 1-c, 1-d, 2, 2-a and 2-b of section 16 of
     2  the workers' compensation law, subdivisions 1-b, 1-c and 2 as amended by
     3  chapter 168 of the laws of 1979, subdivision 2-a as amended  by  chapter
     4  174 of the laws of 1981 and subdivisions 1-d and 2-b as added by chapter
     5  689  of the laws of 2007, are amended and a new subdivision 2-c is added
     6  to read as follows:
     7    1-b. If there be a surviving spouse and no child of the deceased under
     8  the age of eighteen years and no child of any  age  dependent  blind  or
     9  physically  disabled, and the death occurs on or after July first, nine-
    10  teen hundred forty-eight, and prior to January first,  nineteen  hundred
    11  seventy-eight,  to  such spouse forty per centum of the average wages of
    12  the deceased [during widowhood or widowerhood with  two  years'  compen-
    13  sation  in one sum, upon remarriage]; and where the death occurred prior
    14  to July first, nineteen hundred forty-eight, to such wife (or  dependent
    15  husband) thirty per centum of such wages [during widowhood (or dependent
    16  widowerhood) with two years' compensation in one sum, upon remarriage].
    17    1-c. If there be a surviving spouse and no child of the deceased under
    18  the  age  of  eighteen  years  or under the age of twenty-three years if
    19  enrolled and attending as a full time student in  an  accredited  educa-
    20  tional  institution  and  such  enrollment  and  full time attendance is
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04800-05-6

        A. 3498--B                          2
 
     1  certified by such institution and no child of any age dependent blind or
     2  physically disabled, and the death occurs on  or  after  January  first,
     3  nineteen  hundred seventy-eight, to such spouse sixty-six and two-thirds
     4  per  centum  of  the  average wages of the deceased [during widowhood or
     5  widowerhood with two years' compensation, in one sum, upon  remarriage].
     6  Where  the  death  occurs  on  or  after January first, nineteen hundred
     7  seventy-eight, and the spouse is receiving the survivors insurance bene-
     8  fits under the social security act, the death benefit payable under this
     9  section shall be reduced in accordance with the provisions of table  No.
    10  1  below  by  five  per  centum  of the spouse's share of the survivor's
    11  insurance benefits under the social security act for each ten dollars of
    12  deceased's average weekly wage in excess of one hundred dollars provided
    13  that in no case shall such reduction exceed fifty  per  centum  of  said
    14  spouse's  share  of  the  survivors  insurance benefits under the social
    15  security act.
    16                                 TABLE No. I
 
    17               Offset provisions applicable in death benefits
    18                   where there is a sole surviving spouse
 
    19  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
    20                                                        SHARE OF SURVIVORS
    21                                                        INSURANCE BENEFITS
 
    22  over $100 up to and including $110 ................................... 5
    23  over $110 up to and including $120 .................................. 10
    24  over $120 up to and including $130 .................................. 15
    25  over $130 up to and including $140 .................................. 20
    26  over $140 up to and including $150 .................................. 25
    27  over $150 up to and including $160 .................................. 30
    28  over $160 up to and including $170 .................................. 35
    29  over $170 up to and including $180 .................................. 40
    30  over $180 up to and including $190 .................................. 45
    31  over $190 up to and including $200 .................................. 50
    32  over $200 ........................................................... 50
    33    1-d. If there be a surviving spouse of an employee of a private volun-
    34  tary hospital killed in a World Trade Center rescue, who passed a  phys-
    35  ical  examination  upon  employment  as  a  rescue worker that failed to
    36  reveal evidence of a condition that was the proximate  cause  of  death,
    37  and  no  child of the deceased under the age of eighteen years, or under
    38  the age of twenty-three years if enrolled and attending as  a  full-time
    39  student in an accredited educational institution and such enrollment and
    40  full-time  attendance  is certified by such institution, and no child of
    41  any age dependent blind or physically disabled, to such spouse  seventy-
    42  five  per  centum of the average wages of the deceased [during widowhood
    43  or widowerhood, with two years' compensation, in one  sum,  upon  remar-
    44  riage].  Where such death occurs, and the spouse is receiving the survi-
    45  vors insurance benefits under the social security act, the death benefit
    46  payable under this section shall  be  reduced  in  accordance  with  the
    47  provisions  of  table No. I in subdivision one-c of this section by five
    48  per centum of the spouse's share of the  survivor's  insurance  benefits
    49  under the social security act for each ten dollars of deceased's average
    50  weekly  wage  in excess of one hundred dollars; provided that in no case
    51  shall such reduction exceed fifty per centum of such spouse's  share  of
    52  the survivors insurance benefits under the social security act.

        A. 3498--B                          3
 
     1    2. If there be a surviving spouse and a surviving child or children of
     2  the  deceased  under  the  age of eighteen years or a surviving child or
     3  children of any age dependent blind  or  physically  disabled,  and  the
     4  death  occurs  on or after July first, nineteen hundred forty-eight, and
     5  prior  to  January first, nineteen hundred seventy-eight, to such spouse
     6  thirty per centum of the average wages of the deceased [during widowhood
     7  or widowerhood with two years' compensation  in  one  sum,  upon  remar-
     8  riage]; and the additional amount of twenty per centum of such wages for
     9  each  such child until the age of eighteen years or until the removal of
    10  the dependency of the blind or physically disabled child or children; in
    11  case of the subsequent death [or remarriage] of  such  surviving  spouse
    12  any surviving child of the deceased employee, at the time under eighteen
    13  years  of  age  or dependent through mental or physical infirmity, shall
    14  have his compensation increased to thirty per centum of such wages,  and
    15  the same shall be payable until he shall reach the age of eighteen years
    16  or  until  such  dependent  blind or physically disabled condition shall
    17  have been removed; provided that the total amount payable  shall  in  no
    18  case  exceed  sixty-six  and  two-thirds  per centum of such wages. Upon
    19  statutory termination of compensation payments to all such children, the
    20  compensation of the surviving spouse shall be  increased  to  forty  per
    21  centum of such wages [with two years' compensation, at such rate, in one
    22  sum, upon remarriage].
    23    If  there  be  a  surviving wife (or dependent husband) and any of the
    24  aforementioned surviving children, and the death occurred prior to  July
    25  first, nineteen hundred forty-eight, to such wife (or dependent husband)
    26  thirty per centum of the average wages of the deceased [during widowhood
    27  (or dependent widowerhood) with two years' compensation in one sum, upon
    28  remarriage];  and  the additional amount of ten per centum of such wages
    29  for each such child until eighteen years of age or until the removal  of
    30  the dependency of the blind or physically disabled child or children; in
    31  case  of the subsequent death [or remarriage] of such surviving wife (or
    32  dependent husband) any surviving child of the deceased  shall  have  his
    33  compensation  increased  to  fifteen  per  centum of such wages until he
    34  shall reach the age of eighteen years or until such dependent  blind  or
    35  physically disabled condition shall have been removed; provided that the
    36  total  amount  payable  shall in no case exceed sixty-six and two-thirds
    37  per centum of such wages.
    38    The board may in its discretion require the appointment of a  guardian
    39  for  the  purpose  of  receiving  the compensation of a minor child or a
    40  dependent blind or physically disabled child. In the absence of  such  a
    41  requirement by the board the appointment of a guardian for such purposes
    42  shall not be necessary.
    43    2-a.  If  there  be a surviving spouse and a surviving child under the
    44  age of eighteen years or under the age of twenty-three years if enrolled
    45  and attending as a full time student in an accredited educational insti-
    46  tution and such enrollment and full time attendance is certified by such
    47  institution or a surviving child of any age  dependent  blind  or  phys-
    48  ically disabled and the death occurs on or after January first, nineteen
    49  hundred  seventy-eight,  to  such  spouse  thirty-six and two-thirds per
    50  centum of the average wages of the deceased [during widowhood or  widow-
    51  erhood  with  two  years' compensation in one sum, upon remarriage]; and
    52  thirty per centum of such wages to such child under the age of  eighteen
    53  years  or  under the age of twenty-three years if enrolled and attending
    54  as a full time student in an accredited educational institution and such
    55  enrollment and full time attendance is certified by such institution  or
    56  a  surviving child of any age dependent blind or physically disabled; in

        A. 3498--B                          4
 
     1  the case of the subsequent death of such surviving spouse the  surviving
     2  child  shall have his compensation increased to sixty-six and two-thirds
     3  per centum of such wages and the same shall be payable so long as he  is
     4  under  the  age of eighteen years or under the age of twenty-three years
     5  if enrolled and attending as a full time student in an accredited educa-
     6  tional institution and such  enrollment  and  full  time  attendance  is
     7  certified  by such institution or a surviving child of any age dependent
     8  blind or physically disabled; upon statutory termination of compensation
     9  payable to such child, the compensation of the surviving spouse shall be
    10  increased to sixty-six and two-thirds per centum of such wages [with two
    11  years' compensation, at such rate, in one  sum,  upon  remarriage.  Upon
    12  remarriage  of such surviving spouse, the surviving child shall continue
    13  to receive thirty per centum of such wages]. Where the death  occurs  on
    14  or after January first, nineteen hundred seventy-eight and the spouse is
    15  receiving  survivors  insurance  benefits under the social security act,
    16  the death benefit payable under this section shall be  reduced  by  five
    17  per  centum  of  the  spouse's share of the survivors insurance benefits
    18  under the social security act for each ten dollars of deceased's average
    19  weekly wage in excess of one hundred dollars provided that  in  no  case
    20  shall  such  reduction exceed fifty per centum of said spouse's share of
    21  the survivors insurance benefits under the social security  act  as  set
    22  forth in table No. I below.
 
    23                                 TABLE No. I
 
    24               Offset provisions applicable in death benefits
    25               where there is a surviving spouse and one child
 
    26  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
    27                                                        SHARE OF SURVIVORS
    28                                                        INSURANCE BENEFITS
    29  over $100 up to and including $110 ................................... 5
    30  over $110 up to and including $120 .................................. 10
    31  over $120 up to and including $130 .................................. 15
    32  over $130 up to and including $140 .................................. 20
    33  over $140 up to and including $150 .................................. 25
    34  over $150 up to and including $160 .................................. 30
    35  over $160 up to and including $170 .................................. 35
    36  over $170 up to and including $180 .................................. 40
    37  over $180 up to and including $190 .................................. 45
    38  over $190 up to and including $200 .................................. 50
    39  over $200 ........................................................... 50
    40    If  there  be  a  surviving  spouse and two or more surviving children
    41  under the age of eighteen years or under the age of  twenty-three  years
    42  if enrolled and attending as a full time student in an accredited educa-
    43  tional  institution  and  such  enrollment  and  full time attendance is
    44  certified by such institution or a surviving child or  children  of  any
    45  age  dependent  blind  or  physically  disabled and a death occurs on or
    46  after January first, nineteen  hundred  seventy-eight,  to  such  spouse
    47  thirty-six and two-thirds per centum of the average wage of the deceased
    48  [during widowhood or widowerhood with two years' compensation in one sum
    49  upon  remarriage];  and thirty per centum of such wages to such children
    50  under the age of eighteen years or under the age of  twenty-three  years
    51  if enrolled and attending as a full time student in an accredited educa-
    52  tional  institution  and  such  enrollment  and  full time attendance is
    53  certified by such institution or a surviving child or  children  of  any

        A. 3498--B                          5
 
     1  age  dependent  blind  or physically disabled, share and share alike; in
     2  case of the subsequent death of  such  surviving  spouse  the  surviving
     3  children  shall  have their compensation increased to sixty-six and two-
     4  thirds  per centum of such wages and the aggregate sum shall be payable,
     5  share and share alike, so long as they are under  the  age  of  eighteen
     6  years  or  under the age of twenty-three years if enrolled and attending
     7  as a full time student in an accredited educational institution and such
     8  enrollment and full time attendance is certified by such institution  or
     9  a  surviving  child or children of any age dependent blind or physically
    10  disabled. [Upon remarriage of such surviving spouse,  if  there  be  two
    11  surviving  children  each  shall  receive twenty-five per centum of such
    12  wages, and if there are surviving more than two children under  the  age
    13  of  eighteen  years  or  under  the  age of twenty-three if enrolled and
    14  attending as a full time student in an accredited  educational  institu-
    15  tion  and  such enrollment and full time attendance is certified by such
    16  institution or a surviving child or children of any age dependent  blind
    17  or physically disabled sixty-six and two-thirds per centum of such wages
    18  share and share alike.] Upon statutory termination of compensation paya-
    19  ble  to such children, the compensation of the surviving spouse shall be
    20  increased to sixty-six and two-thirds per centum of such wages [with two
    21  years' compensation, at such rate, in one sum, upon  remarriage].  Where
    22  the  death  occurs  on or after January first, nineteen hundred seventy-
    23  eight, and the spouse is receiving survivors  insurance  benefits  under
    24  the  social  security act, the death benefits payable under this section
    25  shall be reduced by five per centum of the spouse's share of the  survi-
    26  vors  insurance  benefits  under  the  social  security act for each ten
    27  dollars of deceased's average weekly wage in excess of one hundred fifty
    28  dollars provided that in no case shall such reduction exceed  fifty  per
    29  centum  of said spouse's share of the survivors insurance benefits under
    30  the social security act as set forth in table No. II below.
 
    31                                TABLE No. II

    32               Offset provisions applicable in death benefits
    33         where there is a surviving spouse and two or more children
 
    34  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
    35                                                        SHARE OF SURVIVORS
    36                                                        INSURANCE BENEFITS
    37  over $150 up to and including $160 ................................... 5
    38  over $160 up to and including $170 .................................. 10
    39  over $170 up to and including $180 .................................. 15
    40  over $180 up to and including $190 .................................. 20
    41  over $190 up to and including $200 .................................. 25
    42  over $200 up to and including $210 .................................. 30
    43  over $210 up to and including $220 .................................. 35
    44  over $220 up to and including $230 .................................. 40
    45  over $230 up to and including $240 .................................. 45
    46  over $240 up to and including $250 .................................. 50
    47  over $250 ........................................................... 50
    48    2-b. If there be a surviving spouse of an employee of a private volun-
    49  tary hospital killed in a World Trade Center rescue, who passed a  phys-
    50  ical  examination  upon  employment  as  a  rescue worker that failed to
    51  reveal evidence of a condition that was the proximate  cause  of  death,
    52  and  a surviving child under the age of eighteen years, or under the age
    53  of twenty-three years if enrolled and attending as a  full-time  student

        A. 3498--B                          6
 
     1  in  an  accredited educational institution and such enrollment and full-
     2  time attendance is certified by such institution, or a  surviving  child
     3  of  any age dependent blind or physically disabled, to such spouse forty
     4  per  centum  of  the  average wages of the deceased [during widowhood or
     5  widowerhood, with two years' compensation in one sum, upon  remarriage];
     6  and  thirty-five per centum of such wages to such child under the age of
     7  eighteen years, or under the age of twenty-three years if  enrolled  and
     8  attending  as  a full-time student in an accredited educational institu-
     9  tion and such enrollment and full-time attendance is certified  by  such
    10  institution,  or  a  surviving child of any age dependent blind or phys-
    11  ically disabled; in the case of the subsequent death of  such  surviving
    12  spouse  the surviving child shall have his or her compensation increased
    13  to seventy-five per centum of such wages and the same shall  be  payable
    14  so  long  as  he or she is under the age of eighteen years, or under the
    15  age of twenty-three years if  enrolled  and  attending  as  a  full-time
    16  student in an accredited educational institution and such enrollment and
    17  full-time  attendance  is  certified by such institution, or a surviving
    18  child of any age dependent blind or physically disabled; upon  statutory
    19  termination  of  compensation payable to such child, the compensation of
    20  the surviving spouse shall be increased to seventy-five  per  centum  of
    21  such wages [with two years' compensation, at such rate, in one sum, upon
    22  remarriage.  Upon  remarriage  of  such  surviving spouse, the surviving
    23  child shall continue to receive thirty-five per centum of  such  wages].
    24  Where such death occurs, and the spouse is receiving survivors insurance
    25  benefits  under the social security act, the death benefit payable under
    26  this section shall be reduced by five per centum of the  spouse's  share
    27  of  the  survivors  insurance benefits under the social security act for
    28  each ten dollars of deceased's average weekly  wage  in  excess  of  one
    29  hundred  dollars;  provided  that in no case shall such reduction exceed
    30  fifty per centum of such spouse's share of the survivors insurance bene-
    31  fits under the social security act as set forth in table No. I in subdi-
    32  vision one-c of this section. If there  be  a  surviving  spouse  of  an
    33  employee  of a private voluntary hospital killed in a World Trade Center
    34  rescue, who passed a physical examination upon employment  as  a  rescue
    35  worker that failed to reveal evidence of a condition that was the proxi-
    36  mate cause of death, and two or more surviving children under the age of
    37  eighteen  years,  or under the age of twenty-three years if enrolled and
    38  attending as a full-time student in an accredited  educational  institu-
    39  tion  and  such enrollment and full-time attendance is certified by such
    40  institution, or a surviving child or children of any age dependent blind
    41  or physically disabled and a death occurs on or  after  September  elev-
    42  enth,  two  thousand one, to such spouse forty per centum of the average
    43  wage of the deceased [during widowhood or widowerhood  with  two  years'
    44  compensation  in one sum upon remarriage]; and thirty-five per centum of
    45  such wages to such children under the age of eighteen  years,  or  under
    46  the  age  of twenty-three years if enrolled and attending as a full-time
    47  student in an accredited educational institution and such enrollment and
    48  full-time attendance is certified by such institution,  or  a  surviving
    49  child  or  children  of  any age dependent blind or physically disabled,
    50  share and share alike; in case of the subsequent death of such surviving
    51  spouse the surviving children shall have their compensation increased to
    52  seventy-five per centum of such wages and the  aggregate  sum  shall  be
    53  payable,  share  and  share  alike, so long as they are under the age of
    54  eighteen years, or under the age of twenty-three years if  enrolled  and
    55  attending  as  a full-time student in an accredited educational institu-
    56  tion and such enrollment and full-time attendance is certified  by  such

        A. 3498--B                          7
 
     1  institution, or a surviving child or children of any age dependent blind
     2  or  physically  disabled.  [Upon remarriage of such surviving spouse, if
     3  there be two surviving children  each  shall  receive  thirty-seven  and
     4  one-half  per centum of such wages, and if there are surviving more than
     5  two children under the age of eighteen years, or under the age of  twen-
     6  ty-three  if enrolled and attending as a full-time student in an accred-
     7  ited educational institution and such enrollment and  full-time  attend-
     8  ance  is certified by such institution, or a surviving child or children
     9  of any age dependant blind  or  physically  disabled,  seventy-five  per
    10  centum  of such wages share and share alike.] Upon statutory termination
    11  of compensation payable  to  such  children,  the  compensation  of  the
    12  surviving  spouse  shall be increased to seventy-five per centum of such
    13  wages [with two years' compensation, at such  rate,  in  one  sum,  upon
    14  remarriage].  Where the death occurs on or after September eleventh, two
    15  thousand one, and the spouse is receiving survivors  insurance  benefits
    16  under  the  social  security  act, the death benefits payable under this
    17  section shall be reduced by five per centum of the spouse's share of the
    18  survivors insurance benefits under the social security act for each  ten
    19  dollars of deceased's average weekly wage in excess of one hundred fifty
    20  dollars;  provided that in no case shall such reduction exceed fifty per
    21  centum of said spouse's share of the survivors insurance benefits  under
    22  the  social  security  act  as  set forth in table No. II in subdivision
    23  two-a of this section.
    24    2-c For the purposes of the payment of benefits to a surviving  spouse
    25  pursuant to this section, the remarriage of such spouse shall not affect
    26  his or her status as a widow or widower for purposes of this section.
    27    §  2.  This  act  shall take effect on the sixtieth day after it shall
    28  have become a law.
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