A03498 Summary:

BILL NO    A03498A

SAME AS    SAME AS S05951

SPONSOR    Wright

COSPNSR    

MLTSPNSR   

Amd S16, Work Comp L

Relates to the continuation of death benefits to a surviving spouse regardless
of remarriage.
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A03498 Actions:

BILL NO    A03498A

01/23/2015 referred to labor
06/12/2015 amend and recommit to labor
06/12/2015 print number 3498a
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A03498 Votes:

There are no votes for this bill in this legislative session.
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A03498 Memo:

BILL NUMBER:A3498A

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:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3498--A

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   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

       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 to read as follows:
    6    1-b. If there be a surviving spouse and no child of the deceased under
    7  the age of eighteen years and no child of any  age  dependent  blind  or
    8  physically  disabled, and the death occurs on or after July first, nine-
    9  teen hundred forty-eight, and prior to January first,  nineteen  hundred
   10  seventy-eight,  to  such spouse forty per centum of the average wages of
   11  the deceased [during widowhood or widowerhood with  two  years'  compen-
   12  sation  in one sum, upon remarriage]; and where the death occurred prior
   13  to July first, nineteen hundred forty-eight, to such wife (or  dependent
   14  husband) thirty per centum of such wages [during widowhood (or dependent
   15  widowerhood) with two years' compensation in one sum, upon remarriage].
   16    1-c. If there be a surviving spouse and no child of the deceased under
   17  the  age  of  eighteen  years  or under the age of twenty-three years if
   18  enrolled and attending as a full time student in  an  accredited  educa-
   19  tional  institution  and  such  enrollment  and  full time attendance is
   20  certified by such institution and no child of any age dependent blind or
   21  physically disabled, and the death occurs on  or  after  January  first,
   22  nineteen  hundred seventy-eight, to such spouse sixty-six and two-thirds
   23  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.
                                                                  LBD04800-02-5
       A. 3498--A                          2

    1  widowerhood  with two years' compensation, in one sum, upon remarriage].
    2  Where the death occurs on  or  after  January  first,  nineteen  hundred
    3  seventy-eight, and the spouse is receiving the survivors insurance bene-
    4  fits under the social security act, the death benefit payable under this
    5  section  shall be reduced in accordance with the provisions of table No.
    6  1 below by five per centum of  the  spouse's  share  of  the  survivor's
    7  insurance benefits under the social security act for each ten dollars of
    8  deceased's average weekly wage in excess of one hundred dollars provided
    9  that  in  no  case  shall such reduction exceed fifty per centum of said
   10  spouse's share of the survivors  insurance  benefits  under  the  social
   11  security act.
   12                                 TABLE No. I

   13               Offset provisions applicable in death benefits
   14                   where there is a sole surviving spouse

   15  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
   16                                                        SHARE OF SURVIVORS
   17                                                        INSURANCE BENEFITS

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

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

    1  tional institution and such  enrollment  and  full  time  attendance  is
    2  certified  by such institution or a surviving child of any age dependent
    3  blind or physically disabled; upon statutory termination of compensation
    4  payable to such child, the compensation of the surviving spouse shall be
    5  increased to sixty-six and two-thirds per centum of such wages [with two
    6  years'  compensation,  at  such  rate, in one sum, upon remarriage. Upon
    7  remarriage of such surviving spouse, the surviving child shall  continue
    8  to  receive  thirty per centum of such wages]. Where the death occurs on
    9  or after January first, nineteen hundred seventy-eight and the spouse is
   10  receiving survivors insurance benefits under the  social  security  act,
   11  the  death  benefit  payable under this section shall be reduced by five
   12  per centum of the spouse's share of  the  survivors  insurance  benefits
   13  under the social security act for each ten dollars of deceased's average
   14  weekly  wage  in  excess of one hundred dollars provided that in no case
   15  shall such reduction exceed fifty per centum of said spouse's  share  of
   16  the  survivors  insurance  benefits under the social security act as set
   17  forth in table No. I below.

   18                                 TABLE No. I

   19               Offset provisions applicable in death benefits
   20               where there is a surviving spouse and one child

   21  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
   22                                                        SHARE OF SURVIVORS
   23                                                        INSURANCE BENEFITS
   24  over $100 up to and including $110 ................................... 5
   25  over $110 up to and including $120 .................................. 10
   26  over $120 up to and including $130 .................................. 15
   27  over $130 up to and including $140 .................................. 20
   28  over $140 up to and including $150 .................................. 25
   29  over $150 up to and including $160 .................................. 30
   30  over $160 up to and including $170 .................................. 35
   31  over $170 up to and including $180 .................................. 40
   32  over $180 up to and including $190 .................................. 45
   33  over $190 up to and including $200 .................................. 50
   34  over $200 ........................................................... 50
   35    If there be a surviving spouse and  two  or  more  surviving  children
   36  under  the  age of eighteen years or under the age of twenty-three years
   37  if enrolled and attending as a full time student in an accredited educa-
   38  tional institution and such  enrollment  and  full  time  attendance  is
   39  certified  by  such  institution or a surviving child or children of any
   40  age dependent blind or physically disabled and  a  death  occurs  on  or
   41  after  January  first,  nineteen  hundred  seventy-eight, to such spouse
   42  thirty-six and two-thirds per centum of the average wage of the deceased
   43  [during widowhood or widowerhood with two years' compensation in one sum
   44  upon remarriage]; and thirty per centum of such wages to  such  children
   45  under  the  age of eighteen years or under the age of twenty-three years
   46  if enrolled and attending as a full time student in an accredited educa-
   47  tional institution and such  enrollment  and  full  time  attendance  is
   48  certified  by  such  institution or a surviving child or children of any
   49  age dependent blind or physically disabled, share and  share  alike;  in
   50  case  of  the  subsequent  death  of such surviving spouse the surviving
   51  children shall have their compensation increased to sixty-six  and  two-
   52  thirds  per centum of such wages and the aggregate sum shall be payable,
   53  share and share alike, so long as they are under  the  age  of  eighteen
       A. 3498--A                          5

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

   26                                TABLE No. II

   27               Offset provisions applicable in death benefits
   28         where there is a surviving spouse and two or more children

   29  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
   30                                                        SHARE OF SURVIVORS
   31                                                        INSURANCE BENEFITS
   32  over $150 up to and including $160 ................................... 5
   33  over $160 up to and including $170 .................................. 10
   34  over $170 up to and including $180 .................................. 15
   35  over $180 up to and including $190 .................................. 20
   36  over $190 up to and including $200 .................................. 25
   37  over $200 up to and including $210 .................................. 30
   38  over $210 up to and including $220 .................................. 35
   39  over $220 up to and including $230 .................................. 40
   40  over $230 up to and including $240 .................................. 45
   41  over $240 up to and including $250 .................................. 50
   42  over $250 ........................................................... 50
   43    2-b. If there be a surviving spouse of an employee of a private volun-
   44  tary hospital killed in a World Trade Center rescue, who passed a  phys-
   45  ical  examination  upon  employment  as  a  rescue worker that failed to
   46  reveal evidence of a condition that was the proximate  cause  of  death,
   47  and  a surviving child under the age of eighteen years, or under the age
   48  of twenty-three years if enrolled and attending as a  full-time  student
   49  in  an  accredited educational institution and such enrollment and full-
   50  time attendance is certified by such institution, or a  surviving  child
   51  of  any age dependent blind or physically disabled, to such spouse forty
   52  per centum of the average wages of the  deceased  [during  widowhood  or
   53  widowerhood,  with two years' compensation in one sum, upon remarriage];
       A. 3498--A                          6

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

    1  ty-three if enrolled and attending as a full-time student in an  accred-
    2  ited  educational  institution and such enrollment and full-time attend-
    3  ance is certified by such institution, or a surviving child or  children
    4  of  any  age  dependant  blind  or physically disabled, seventy-five per
    5  centum of such wages share and share alike.] Upon statutory  termination
    6  of  compensation  payable  to  such  children,  the  compensation of the
    7  surviving spouse shall be increased to seventy-five per centum  of  such
    8  wages  [with  two  years'  compensation,  at such rate, in one sum, upon
    9  remarriage]. Where the death occurs on or after September eleventh,  two
   10  thousand  one,  and the spouse is receiving survivors insurance benefits
   11  under the social security act, the death  benefits  payable  under  this
   12  section shall be reduced by five per centum of the spouse's share of the
   13  survivors  insurance benefits under the social security act for each ten
   14  dollars of deceased's average weekly wage in excess of one hundred fifty
   15  dollars; provided that in no case shall such reduction exceed fifty  per
   16  centum  of said spouse's share of the survivors insurance benefits under
   17  the social security act as set forth in  table  No.  II  in  subdivision
   18  two-a of this section.
   19    S  2.  This  act  shall take effect on the sixtieth day after it shall
   20  have become a law.
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