NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5788
SPONSOR: Slater
 
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 OR GENERAL IDEA OF BILL:
Allow for the continuation of workers' compensation death benefits to a
surviving spouse and children regardless of remarriage.
 
SUMMARY OF PROVISIONS:
Section one amends Subdivisions 1-b, 1-c, 1-d, 2, 2-a, 2-b of section 16
of the workers' compensation law, and adds a new subdivision 2-c to
state that for the purposes of the payment of benefits to a surviving
spouse, the remarriage of such spouse shall not affect his or her status
as a widow or widower.
Section two establishes the effective date.
 
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.
 
PRIOR LEGISLATIVE HISTORY:
2017-2018: S2305, Passed Senate
2015-2016: S.5951-A, Passed Senate
2013-2014: S.4090
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be Determined
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
5788
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. SLATER -- read once and referred to the Committee
on Labor
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, subdivisions 1-d and 2-b as added by
4 chapter 689 of the laws of 2007, and subdivision 2-a as amended by chap-
5 ter 174 of the laws of 1981, are amended and a new subdivision 2-c is
6 added 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
21 certified by such institution and no child of any age dependent blind or
22 physically disabled, and the death occurs on or after January first,
23 nineteen hundred seventy-eight, to such spouse sixty-six and two-thirds
24 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.
LBD01441-01-3
A. 5788 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. 5788 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 or her compensation increased to thirty per centum of such
10 wages, and the same shall be payable until he or she shall reach the age
11 of eighteen years or until such dependent blind or physically disabled
12 condition shall have been removed; provided that the total amount paya-
13 ble shall in no case exceed sixty-six and two-thirds per centum of such
14 wages. Upon statutory termination of compensation payments to all such
15 children, the compensation of the surviving spouse shall be increased to
16 forty per centum of such wages [with two years' compensation, at such
17 rate, in one 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 or
28 her compensation increased to fifteen per centum of such wages until he
29 or she shall reach the age of eighteen years or until such dependent
30 blind or physically disabled condition shall have been removed; provided
31 that the total amount payable shall in no case exceed sixty-six and
32 two-thirds 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 or her compensation increased to sixty-six and
54 two-thirds per centum of such wages and the same shall be payable so
55 long as he or she is under the age of eighteen years or under the age of
56 twenty-three years if enrolled and attending as a full time student in
A. 5788 4
1 an accredited educational institution and such enrollment and full time
2 attendance is certified by such institution or a surviving child of any
3 age dependent blind or physically disabled; upon statutory termination
4 of compensation payable to such child, the compensation of the surviving
5 spouse shall be increased to sixty-six and two-thirds per centum of such
6 wages [with two years' compensation, at such rate, in one sum, upon
7 remarriage. Upon remarriage of such surviving spouse, the surviving
8 child shall continue to receive thirty per centum of such wages]. Where
9 the death occurs on or after January first, nineteen hundred seventy-
10 eight and the spouse is receiving survivors insurance benefits under the
11 social security act, the death benefit payable under this section shall
12 be reduced by five per centum of the spouse's share of the survivors
13 insurance benefits under the social security act for each ten dollars of
14 deceased's average weekly wage in excess of one hundred dollars provided
15 that in no case shall such reduction exceed fifty per centum of said
16 spouse's share of the survivors insurance benefits under the social
17 security act as set 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. 5788 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. 5788 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. 5788 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 2-c. For the purposes of the payment of benefits to a surviving spouse
20 pursuant to this section, the remarriage of such spouse shall not affect
21 his or her status as a widow or widower for purposes of this section.
22 § 2. This act shall take effect on the sixtieth day after it shall
23 have become a law.