S01113 Summary:

BILL NO    S01113 

SAME AS    No same as 

SPONSOR    MAZIARZ

COSPNSR    SEWARD

MLTSPNSR   

Amd S837, Exec L; add S206-c, Gen Muni L

Establishes Chapter 64-c of the consolidated laws in relation to creating the
volunteer peace officers' benefit law; provides volunteer peace officers'
benefits in the event of injuries or death in the line of duty; relates to
volunteer peace officer programs.
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S01113 Actions:

BILL NO    S01113 

01/09/2013 REFERRED TO FINANCE
01/08/2014 REFERRED TO FINANCE
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S01113 Votes:

There are no votes for this bill in this legislative session.
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S01113 Memo:

Memo not available
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S01113 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1113
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens. MAZIARZ, SEWARD -- read twice and ordered printed,
          and when printed to be committed to the Committee on Finance
 
        AN ACT relating to constituting chapter 64-C of the  consolidated  laws,
          in relation to creating the volunteer peace officers' benefit law; and

          to  amend the executive law and the general municipal law, in relation
          to volunteer peace officer programs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Chapter 64-C of the consolidated laws is added to read as
     2  follows:
     3                    CHAPTER 64-C OF THE CONSOLIDATED LAWS
     4                    VOLUNTEER PEACE OFFICERS' BENEFIT LAW
     5                                                                      §
     6  Article   I. SHORT TITLE; PURPOSE; DEFINITIONS ...................  1-3
     7           II. COVERAGE AND BENEFITS ...............................  5-25
     8          III. LIABILITY FOR BENEFITS; INSURANCE ................... 30-32
     9           IV. PROCEDURE ........................................... 40-61
    10            V. EFFECT UPON OTHER LAWS .............................. 90

    11                                  ARTICLE I
    12                      SHORT TITLE; PURPOSE; DEFINITIONS
    13  Section 1. Short title.
    14          2. Purpose.
    15          3. Definitions.
    16    § 1. Short title. This chapter shall be known and may be cited as  the
    17  "volunteer peace officers' benefit law".
    18    § 2. Purpose.  In  recognition  of  the unselfish service given to the
    19  people of New York state by these volunteer peace  officers,  government
    20  has  undertaken  to  provide for them and their families some measure of
    21  protection against loss from death or injuries in the line of duty. This
    22  chapter establishes a system of benefits for  volunteer  peace  officers
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD02291-01-3

        S. 1113                             2
 
     1  and  provides  for  the  administration  of  such system by the workers'
     2  compensation board and the chairman of such board.
     3    It  is hereby declared that this chapter is intended to effectuate the
     4  objects and purposes of section eighteen of article  one  of  the  state
     5  constitution and that the relationship between the political subdivision
     6  or  law  enforcement agency liable for benefits under this chapter and a
     7  volunteer peace officer entitled to such benefits is  that  of  employer
     8  and employee within the meaning of such provision of the state constitu-
     9  tion.
    10    § 3. Definitions. As used in this chapter:
    11    1. "Volunteer peace officer" means an active volunteer member of a law

    12  enforcement  agency  as specified on a list regularly maintained by that
    13  agency for the purpose of this chapter.
    14    2. "Law enforcement agency" means  any  police  department,  sheriff's
    15  office,   local  child  protective  services  agency,  society  for  the
    16  prevention of cruelty to animals, or any agency authorized by law or  by
    17  a government agency to engage in or supervise the prevention, detection,
    18  investigation, or prosecution of any violation of criminal law.
    19    3.  "Line of duty" means the performance by a volunteer as a volunteer
    20  peace officer of the duties and activities for which the volunteer peace
    21  officer does not receive any remuneration or a  gratuity  and  shall  be
    22  deemed  to  include  any  date  of  injury as determined by the workers'
    23  compensation board pursuant to the provisions of  section  forty-one  of

    24  this  chapter. The following shall not be deemed to be remuneration or a
    25  gratuity: reimbursement of expenses for meals, lodging  and  actual  and
    26  necessary  travel;  the receipt of a mileage allowance in lieu of travel
    27  expense; and the acceptance of  transportation,  food,  drink,  shelter,
    28  clothing and similar items while on duty or engaged in such activities.
    29    4.  "Injury"  means  any disablement of a volunteer peace officer that
    30  results from services performed in the line of duty and such disease  or
    31  infection as may naturally and unavoidably result from an injury.
    32    5.  "Child" includes a posthumous child, a child legally adopted prior
    33  to the injury of the  volunteer  peace  officer;  and  a  step-child  or
    34  acknowledged  child  born  out  of  wedlock  dependent upon the deceased
    35  volunteer peace officer.
    36    6. "Surviving spouse" means the legal wife of a deceased  male  volun-

    37  teer  peace  officer or the legal husband of a deceased female volunteer
    38  peace officer, as the case may be, but shall not include  a  spouse  who
    39  has abandoned the deceased. The term "abandoned", as used in this subdi-
    40  vision,  means  such an abandonment as would be sufficient under section
    41  two hundred of the domestic relations law to sustain a judgment of sepa-
    42  ration on that ground.
    43    7. "Dependent" means a surviving spouse entitled to  receive  benefits
    44  under  this  chapter, whether or not actually dependent upon a volunteer
    45  peace officer, unless a contrary meaning is clearly intended.
    46    8. "Earning capacity", except as herein provided, means:
    47    a. The ability of a volunteer peace officer to perform on a  five  day
    48  or six day basis either the work usually and ordinarily performed by him
    49  or  her in his or her remunerated employment or other work which for any

    50  such worker would be a reasonable substitute for the remunerated employ-
    51  ment in which he or she was employed at the time of his or  her  injury,
    52  or
    53    b.  The  ability of a volunteer peace officer to perform on a five day
    54  or six day basis either the work usually and ordinarily performed by him
    55  or her in the practice of his or her profession or in the conduct of his
    56  or her trade or business, including farming, and from which  he  or  she

        S. 1113                             3
 
     1  could derive earned income or other work which for any such person would
     2  be  a  reasonable  substitute  for  the profession, trade or business in
     3  which he or she was engaged at the time of his or her injury.
     4    Every  volunteer  peace  officer  shall  be considered to have earning
     5  capacity and, if the provisions of paragraphs a and b of  this  subdivi-

     6  sion  are  not  applicable  in any given case, the workers' compensation
     7  board, in the interest of justice, shall determine the reasonable  earn-
     8  ing  capacity  of  the  volunteer  peace  officer with due regard to the
     9  provisions of such paragraphs and the work he or she reasonably could be
    10  expected to obtain and for which he or she is qualified by  age,  educa-
    11  tion,  training and experience. The ability of a volunteer peace officer
    12  to perform the duties of a volunteer peace  officer,  or  to  engage  in
    13  activities  incidental thereto, may be considered in determining loss of
    14  earning capacity, but the inability of  a  volunteer  peace  officer  to
    15  perform such duties or to engage in such activities shall not be a basis
    16  of determining loss of earning capacity.
    17    9.  "State"  means all territory within the boundaries of the state of

    18  New York, including territory which has been or may hereafter  be  ceded
    19  to  the federal government or to the United Nations and territory within
    20  the boundaries of Indian reservations.
    21    10. "Political subdivision" means a county,  city,  town,  village  or
    22  fire or law enforcement agency.
    23    11.  "State fund" means the state insurance fund provided for in arti-
    24  cle six of the workers' compensation law.
    25    12. "County plan of self-insurance" means a county plan of  self-insu-
    26  rance under article five of the workers' compensation law.
    27    13.  "Insurance carrier" means the state fund, the stock corporations,
    28  mutual  corporations,  group  self-insurers   or   reciprocal   insurers
    29  described in subdivision nine of section thirty of this chapter, a coun-
    30  ty  plan  of  self-insurance,  or a self-insuring political subdivision.

    31  For purposes of this chapter, a  nonprofit  property/casualty  insurance
    32  company  which  is  licensed  pursuant  to subsection (b) of section six
    33  thousand seven hundred four of the insurance law shall be deemed a stock
    34  corporation and a nonprofit property/casualty insurance company which is
    35  licensed as a reciprocal insurer pursuant to subsection (c)  of  section
    36  six  thousand  seven hundred four of the insurance law shall be deemed a
    37  reciprocal insurer.
    38    14. "Fund raising activity" means a fund raising activity described in
    39  subdivision one of section two hundred four-a of the  general  municipal
    40  law,  except  that for the purposes of paragraph k of subdivision one of
    41  section five of this chapter it shall not include competitive events  in
    42  which  volunteer  peace  officers  are  competitors,  such  as baseball,
    43  basketball, football, bowling, tugs  of  war,  donkey  baseball,  donkey

    44  basketball,  boxing, wrestling, contests between bands or drum corps, or
    45  other competitive events in which volunteer peace officers  are  compet-
    46  itors  and  which  involve  physical exertion on the part of the compet-
    47  itors. Such term "fund  raising  activity"  shall  not  include  drills,
    48  parades,  inspections,  reviews,  competitive  tournaments,  contests or
    49  public exhibitions, described in paragraphs e and h of  subdivision  one
    50  of  section five of this chapter, even though prizes are awarded at such
    51  events.
    52                                 ARTICLE II
    53                            COVERAGE AND BENEFITS
    54  Section 5.    Coverage.
    55          6.    Volunteer peace officers' benefits; general.
    56          7.    Death benefits.

        S. 1113                             4
 
     1          7-a.  Date of death benefits.

     2          8.    Permanent total disability benefits.
     3          9.    Temporary total disability benefits.
     4         10.    Permanent partial disability benefits.
     5         11.    Temporary partial disability benefits.
     6         11-a.  Repair or replacement of prosthetic devices.
     7         11-b.  Hazardous exposures.
     8         12.    Nonschedule adjustments.
     9         13.    Reclassification of disabilities.
    10         14.    Previous disability.
    11         15.    Expense  for  rehabilitating injured volunteer peace offi-
    12                  cers.
    13         16.    Treatment and care.
    14         17.    Aliens.
    15         18.    Disposition of accrued benefits upon death.
    16         19.    Exclusiveness of remedy.
    17         20.    Other remedies of volunteer peace officers; subrogation.
    18         21.    Assistance to other states, the Dominion of Canada,  prop-

    19                  erty  ceded  to  the  federal  government  and to Indian
    20                  reservations.
    21         22.    Revenues and benefits from sources other than  this  chap-
    22                  ter.
    23         23.    Assignments, exemptions.
    24         24.    Waiver agreements void.
    25         25.    Limitation of time.
    26    § 5. Coverage. 1. The duties and activities in relation to which bene-
    27  fits shall be paid and provided pursuant to this chapter are:
    28    a.  Necessary  travel  to,  working at, and necessary travel returning
    29  from an accident, alarm of accident, or other duty to which his  or  her
    30  law  enforcement  agency,  or  any unit thereof, either has responded or
    31  would be required or authorized to respond, including  necessary  travel
    32  during such work or incidental thereto.
    33    b.  While, within the state, personally assisting another law enforce-

    34  ment agency or any unit thereof, including, after his  or  her  services
    35  have  been  duly  accepted,  necessary travel to and returning from such
    36  work and necessary travel during such work or incidental thereto.
    37    c. While, within the state and pursuant to  orders  or  authorization,
    38  performing duties at the law enforcement facility, or elsewhere, direct-
    39  ly  related  to:  (1) the prevention of accidents or other disasters, or
    40  (2) the delivery of emergency health care.
    41    d. While, within this country or in Canada and pursuant to  orders  or
    42  authorization, instructing or being instructed in lawful duties, attend-
    43  ing a training school or course of instruction for volunteer peace offi-
    44  cers,  or  attending  or  participating  in  any noncompetitive training
    45  program, including necessary travel directly connected therewith.

    46    e. While, within the state, any  adjoining  state  or  in  Canada  and
    47  pursuant  to  orders or authorization, attending or participating in any
    48  drill, parade, funeral, inspection or review in which  his  or  her  law
    49  enforcement agency, or any unit thereof, is engaged, including necessary
    50  travel directly connected therewith.
    51    f.  While,  within  the state and pursuant to orders or authorization,
    52  attending or working at meetings of his or her law  enforcement  agency,
    53  or  any  organized  unit thereof, at the law enforcement agency or other
    54  regular or special headquarters of  the  department,  company  or  unit,
    55  including necessary travel directly connected therewith other than trav-
    56  el to or returning from such meetings.

        S. 1113                             5
 
     1    g.  While,  within  the state and pursuant to orders or authorization,

     2  working in connection with the construction, testing, inspection, repair
     3  or maintenance of (1)  the  law  enforcement  agency  facility  and  the
     4  fixtures, furnishings and equipment thereof, and (2) the law enforcement
     5  agency  vehicles,  apparatus  and  equipment used by the law enforcement
     6  agency, or other  unit  thereof,  including  necessary  travel  directly
     7  connected therewith other than travel to or returning from such work.
     8    h.  While,  within  the  state,  any  adjoining state or in Canada and
     9  pursuant to orders or authorization, practicing for, or participating as
    10  a contestant or an official in, any competitive tournament,  contest  or
    11  public  exhibition  conducted  for  peace  officers which is intended to
    12  promote the efficiency of the law enforcement agency or any unit  there-
    13  of,  including  necessary travel directly connected therewith other than

    14  travel to and returning from such practice. The actual rendition of  the
    15  law  enforcement  agency  or other emergency service shall not be deemed
    16  "practicing" within the meaning of this paragraph.
    17    i.  While,  pursuant  to  orders  or  authorization,  engaged  in  the
    18  inspection  of vehicles and apparatus prior to delivery under a contract
    19  of purchase, or performing duties in relation to the  delivery  thereof,
    20  including necessary travel directly connected therewith.
    21    j.  While,  within  this  country  or Canada and pursuant to orders or
    22  authorization, attending a convention or conference of  volunteer  peace
    23  officers  as  the  authorized  delegate  or representative of his or her
    24  department, or any unit thereof,  including  necessary  travel  directly
    25  connected therewith.
    26    k.  While,  within  the state and pursuant to orders or authorization,

    27  working in connection with a fund raising activity of his or her depart-
    28  ment, including necessary travel directly connected therewith, but shall
    29  not include competitive events in which  volunteer  peace  officers  are
    30  competitors,  such  as  baseball, basketball, football, bowling, tugs of
    31  war, donkey baseball, donkey  basketball,  boxing,  wrestling,  contests
    32  between bands or drum corps, or other competitive events in which volun-
    33  teer  peace officers are competitors and which involve physical exertion
    34  on the part of the competitors.
    35    2. Benefits shall not be paid and provided pursuant to this chapter in
    36  the following instances:
    37    a. Work or service rendered by a volunteer peace officer  while  on  a
    38  leave  of  absence  pursuant to the general municipal law or pursuant to
    39  any other general, special or local law, charter or ordinance or  pursu-

    40  ant to the constitution, by-laws, rules or regulations applicable to the
    41  department of which he or she is a member.
    42    b. Practice for and participation in any recreational, social, or fund
    43  raising  activity  other than a fund raising activity for which coverage
    44  is provided under paragraph k of subdivision one of this section.
    45    c. Work or  service  rendered  by  a  volunteer  peace  officer  while
    46  suspended from duty pursuant to any general, special or local law, char-
    47  ter  or  ordinance  or  pursuant  to the constitution, by-laws, rules or
    48  regulations applicable to the department of which he or she is a member.
    49    d. Work or service not rendered as  a  volunteer  peace  officer,  but
    50  rendered  as an officer, official or employee of a public corporation or
    51  any special district thereof, whether with or without remuneration, even

    52  though by law a requirement for  such  office,  position  or  employment
    53  shall be that such officer, official or employee shall have been or must
    54  be a volunteer peace officer.
    55    e.  Work  or  service  not  rendered as a volunteer peace officer, but
    56  rendered in the course of his or her employment for a private employer.

        S. 1113                             6
 
     1    f. Work, service or activities in which the  volunteer  peace  officer
     2  has  been  ordered  not  to participate.   This subdivision shall not be
     3  deemed to enumerate all of the activities engaged in by volunteer  peace
     4  officers  for  which mandatory coverage is not provided by this chapter,
     5  or  to  prohibit any of the activities described in this subdivision, or
     6  to prevent the securing of insurance pursuant to section  four  thousand

     7  two  hundred  thirty-seven of the insurance law to cover volunteer peace
     8  officers when engaged in activities other than those for which mandatory
     9  coverage is provided by this chapter.
    10    § 6. Volunteer peace officers' benefits; general. If a volunteer peace
    11  officer dies from the effects of injury in the line of duty, or if  such
    12  a  peace officer shall be injured in the line of duty, benefits shall be
    13  paid and provided pursuant to this chapter, except that there  shall  be
    14  no  liability  for  such  benefits when the injury has been solely occa-
    15  sioned by intoxication of the volunteer peace officer  while  acting  in
    16  line  of  duty or by the wilful intention of the volunteer peace officer
    17  to bring about the injury or death of himself, herself or another.
    18    § 7. Death benefits. In the event of death the benefit shall be  known
    19  as a death benefit and shall be paid as follows:

    20    1.  The  reasonable  funeral  expenses of the deceased volunteer peace
    21  officer shall be paid in an amount not exceeding three thousand dollars.
    22    If such funeral expenses shall have been paid by a person entitled  to
    23  benefits  under  this section or by others, the funeral expenses awarded
    24  shall be made payable to such  beneficiary  or  others;  otherwise  they
    25  shall  be  payable  to  the  undertaker who provided the burial. Funeral
    26  expenses shall be awarded in all death cases.
    27    2. If there be a surviving spouse, to such spouse the lump sum of five
    28  thousand dollars, but if there be no surviving spouse, then to the exec-
    29  utor or administrator of the estate of the volunteer peace officer,  the
    30  lump  sum of five thousand dollars. Such sum shall be in addition to any
    31  other benefits provided in this chapter and shall not be  diminished  by

    32  benefits paid to the volunteer peace officer during his or her lifetime.
    33  Any  money  paid  to  an  executor  or  administrator  pursuant  to  the
    34  provisions of this  subdivision  shall  be  distributed  in  the  manner
    35  provided  by the laws of this state for the distribution of the personal
    36  property of an intestate decedent.
    37    3. In the case of a death of a volunteer peace officer,  on  or  after
    38  the  effective  date of this chapter, if there be a surviving spouse and
    39  no surviving child of the deceased under the age of  eighteen  years  or
    40  under  the  age  of  twenty-five  years  who  is enrolled as a full time
    41  student in any accredited educational institution and no surviving child
    42  of any age dependent blind or physically disabled, to such spouse  three
    43  hundred  dollars for each week until remarried, and upon such remarriage
    44  the lump sum of thirty-one thousand two hundred dollars.

    45    4. If any person under the age of eighteen years is an inmate  of  any
    46  institution and a public charge upon the state or any political subdivi-
    47  sion,  the  benefits  allowed hereunder shall be payable to the state or
    48  political subdivision to the extent of the reasonable charges  for  care
    49  and  maintenance,  during  the  continuance  as  a public charge in such
    50  institution of such beneficiary and until he or she shall have  attained
    51  the age of eighteen years. Any sum or sums remaining after such payments
    52  shall be distributed as provided in this section.
    53    5.  The term "dependent blind or physically disabled", as used in this
    54  section in relation to dependent children, means totally blind or  phys-
    55  ically disabled dependent children whose disablement is total and perma-
    56  nent.

        S. 1113                             7
 

     1    6.  All  questions of dependency shall be determined as of the time of
     2  the injury.
     3    7.  The  workers' compensation board may in its discretion require the
     4  appointment of a guardian for the purpose of receiving benefits  payable
     5  to  a  minor child or a dependent blind or physically disabled child. In
     6  the absence of such a requirement by such board  the  appointment  of  a
     7  guardian for such purposes shall not be necessary.
     8    8.  In  the  case of a death of a volunteer peace officer, on or after
     9  the effective date of this chapter, that results from services performed
    10  in the line of duty, if there be a  surviving  spouse  and  a  surviving
    11  child  or  children  of  the deceased under the age of eighteen years or
    12  under the age of twenty-five years  who  is  enrolled  as  a  full  time
    13  student  in  any accredited educational institution or a surviving child

    14  or children of any age dependent blind or physically disabled,  to  such
    15  spouse one hundred sixty-five dollars for each week until remarried, and
    16  the  additional  amount of one hundred thirty-five dollars for each week
    17  for such child or children, share and share  alike,  until  the  age  of
    18  eighteen  years or under the age of twenty-five years who is enrolled as
    19  a full time student in any accredited educational institution  or  until
    20  the  removal of the dependency of the blind or physically disabled child
    21  or children.
    22    In the case of the death of such surviving spouse, the surviving child
    23  or children of the deceased peace officer, at the  time  under  eighteen
    24  years  of age or under the age of twenty-five years who is enrolled as a
    25  full time student in any accredited educational institution or dependent
    26  through mental or physical infirmity, shall have his  or  her  or  their

    27  benefit  increased  to  three  hundred  dollars for each week, share and
    28  share alike, and the same shall be payable until he or she or they shall
    29  reach the age of eighteen years or twenty-five years, as  the  case  may
    30  be, or until such dependent blind or physically disabled condition shall
    31  have been removed. Upon the remarriage of such surviving spouse prior to
    32  the  statutory termination of benefits to all such children, such spouse
    33  shall be paid the lump sum  of  seventeen  thousand  one  hundred  sixty
    34  dollars;  and  the  surviving  child  shall  continue  to receive weekly
    35  payments of one hundred thirty-five dollars; if there be  two  surviving
    36  children,  each shall receive one hundred twelve dollars and fifty cents
    37  per week; and if there be more than two surviving children,  they  shall
    38  receive  three  hundred dollars per week, share and share alike; and the

    39  same shall be payable until he or she or they shall  reach  the  age  of
    40  eighteen  years  or twenty-five years, as the case may be, or until such
    41  dependent  blind  or  physically  disabled  condition  shall  have  been
    42  removed.  Upon  statutory  termination of payments to all such children,
    43  the payments to the surviving spouse shall be increased to three hundred
    44  dollars for each week until such spouse remarries, and upon such  remar-
    45  riage, such spouse shall be paid the lump sum of thirty-one thousand two
    46  hundred  dollars.  In  no  event shall the total amount payable for each
    47  week under this subdivision exceed three hundred dollars.
    48    9. In the case of a death of a volunteer peace officer,  on  or  after
    49  the effective date of this chapter, that results from services performed
    50  in  the  line  of duty, if there be surviving a child or children of the

    51  deceased under the age of eighteen years or under the age of twenty-five
    52  years who is enrolled as a full time student in  any  accredited  educa-
    53  tional  institution or a dependent blind or physically disabled child or
    54  children of any age, but no surviving spouse, for the  support  of  such
    55  child  or  children until the age of eighteen years or twenty-five years
    56  as the case may be, or until the removal of the dependency of such blind

        S. 1113                             8
 
     1  or physically disabled child or children, three hundred  dollars,  share
     2  and  share  alike, for each week; provided that the total amount payable
     3  for each week under this subdivision  shall  not  exceed  three  hundred
     4  dollars per week.
     5    10.  In  the case of a death of a volunteer peace officer, on or after

     6  the effective date of this chapter, that results from services performed
     7  in the line of duty, if there be no surviving spouse  or  child  of  the
     8  deceased under the age of eighteen years or under the age of twenty-five
     9  years  who  is  enrolled as a full time student in any accredited educa-
    10  tional institution or dependent blind or physically  disabled  child  of
    11  the deceased of any age, then for the support of grandchildren or broth-
    12  ers  and  sisters  under  the  age of eighteen years or under the age of
    13  twenty-five years who is enrolled as a full time student in any  accred-
    14  ited  educational institution if dependent upon the deceased at the time
    15  of the injury, one hundred twelve dollars and fifty cents for each  week
    16  for  the  support of each such person until the age of eighteen years or
    17  twenty-five years as the case may be, and for the support of each parent

    18  or grandparent of the deceased, if dependent upon the  deceased  at  the
    19  time of the injury, one hundred eighty dollars for each week during such
    20  dependency, but in no case shall the aggregate amount payable under this
    21  subdivision exceed three hundred dollars per week.
    22    § 7-a. Date  of  death  benefits.  All  weekly  benefits payable under
    23  section seven of this article shall accrue as of the date  of  death  of
    24  the volunteer peace officer. In the event that a person or persons enti-
    25  tled  to weekly benefits shall die before a determination is made on the
    26  merits of their claim, and such determination on the merits is ultimate-
    27  ly in their favor, then all weekly benefits due from the date  of  death
    28  of  the volunteer peace officer up to the date of death of the person or
    29  persons entitled to such weekly benefits shall be paid to  the  executor

    30  or administrator of the estate of such person or persons.
    31    §  8.  Permanent total disability benefits. In the case of total disa-
    32  bility adjudged to be permanent the volunteer  peace  officer  shall  be
    33  paid  four hundred dollars for each week during the continuance thereof.
    34  Permanent total disability, within the meaning of  this  section,  shall
    35  exist  only  if  the earning capacity of the volunteer peace officer has
    36  been lost permanently and totally as the result of the injury. The  loss
    37  of  both  hands, or both arms, or both feet, or both legs, or both eyes,
    38  or any two thereof, shall, in the absence of  conclusive  proof  to  the
    39  contrary,  constitute permanent total disability, but in all other cases
    40  permanent total disability shall be determined in  accordance  with  the
    41  facts.  Notwithstanding any other provisions of this chapter, an injured

    42  volunteer peace officer disabled due to the loss or total loss of use of
    43  both eyes, or both hands, or both arms, or both feet, or both  legs,  or
    44  any  two  thereof shall not suffer any diminution of such weekly benefit
    45  by engaging in business or employment provided his or her  weekly  earn-
    46  ings or wages, when combined with his or her weekly benefit shall not be
    47  in excess of six hundred dollars; and further provided that the applica-
    48  tion  of this section shall not result in reduction of benefits which an
    49  injured volunteer peace officer who is disabled due to the loss or total
    50  loss of use of both eyes, or both hands, or both arms, or both feet,  or
    51  both  legs,  or any two thereof would otherwise be entitled to under any
    52  other provisions of this article.
    53    § 9. Temporary total disability benefits. In  the  case  of  temporary

    54  total disability the volunteer peace officer shall be paid three hundred
    55  dollars for each week during the continuance thereof.

        S. 1113                             9
 
     1    § 10. Permanent  partial  disability benefits. 1. In the case of disa-
     2  bility partial in character, but permanent  in  quality,  the  volunteer
     3  peace  officer,  injured  in  the line of duty shall be paid one hundred
     4  fifty dollars for each week for the period specified in this subdivision
     5  as follows:
     6    a. Loss of member.
     7    Member lost                                          Number of weeks
     8    Arm  ........................................................  312
     9    Leg  ........................................................  288
    10    Hand  .......................................................  244
    11    Foot  .......................................................  205

    12    Eye  ........................................................  160
    13    Thumb  ......................................................   75
    14    First finger  ...............................................   46
    15    Great toe  ..................................................   38
    16    Second finger  ..............................................   30
    17    Third finger  ...............................................   25
    18    Toe other than great toe  ...................................   16
    19    Fourth finger  ..............................................   15
    20    If  more  than one phalange of a digit shall be lost, the period shall
    21  be the same as for the loss of the  entire  digit.  If  only  the  first
    22  phalange shall be lost, the period shall be one-half the period for loss
    23  of  the  entire digit. The period for loss or loss of use of two or more

    24  digits, or one or more phalanges of two or more digits,  of  a  hand  or
    25  foot,  may be proportioned to the period for the loss of use of the hand
    26  or foot occasioned thereby, but shall not exceed the period for the loss
    27  of a hand or foot. If an arm or leg shall be amputated at or  above  the
    28  wrist  or  ankle, the period for such loss shall be in proportion to the
    29  period for the loss of the arm or leg. In the case of loss of  binocular
    30  vision  or  of  eighty  per  centum or more of the vision of an eye, the
    31  period shall be the same as for the loss of the eye.
    32    b. Loss of hearing. In the case of the complete loss of the hearing of
    33  one ear, sixty weeks; for the loss of hearing of both ears, one  hundred
    34  fifty weeks.
    35    c.  Total loss of use. In the case of permanent total loss of use of a
    36  member, the compensation shall be the  same  as  for  the  loss  of  the
    37  member.

    38    d.  Partial  loss  or partial loss of use. Except as above provided in
    39  this subdivision, in the case of permanent partial loss or loss  of  use
    40  of  a  member, the period shall be for the proportionate loss or loss of
    41  use of the member. Compensation for permanent partial loss of use of  an
    42  eye  shall  be  awarded  on  the  basis of uncorrected loss of vision or
    43  corrected loss of vision resulting from an injury whichever is greater.
    44    e. Disfigurement. In the case of serious facial or head disfigurement,
    45  including a disfigurement continuous in length which is  partly  in  the
    46  facial  area  and also extends into the neck region as described in this
    47  paragraph, the volunteer peace officer shall be paid in  a  lump  sum  a
    48  proper  and  equitable amount, which shall be determined by the workers'
    49  compensation board. If the earning capacity of the volunteer peace offi-

    50  cer shall have been impaired, or may in the future be impaired,  by  any
    51  serious  disfigurement  in the region above the sterno clavicular artic-
    52  ulations anterior to and including  the  region  of  the  sterno  cleido
    53  mastoid  muscles  on  either  side, the volunteer peace officer shall be
    54  paid in a lump sum a proper and equitable amount which shall  be  deter-
    55  mined  by such board. Two or more serious disfigurements, not continuous
    56  in length, resulting from the same injury, if partially  in  the  facial

        S. 1113                            10
 
     1  area  and  partially in such neck region, shall be deemed to be a facial
     2  disfigurement. An award, or the aggregate of the awards, to a  volunteer
     3  peace  officer  under  this  paragraph  shall not exceed twenty thousand
     4  dollars.
     5    f.  Total  or  partial loss or loss of use of more than one member. In

     6  any case in which there shall be a loss or loss of use of more than  one
     7  member  or parts of more than one member set forth above in paragraphs a
     8  through e, both inclusive, of this subdivision,  but  not  amounting  to
     9  permanent  total disability, the periods for loss or loss of use of each
    10  such member or part thereof shall run consecutively.
    11    g. Other cases. In all other cases of permanent partial disability the
    12  volunteer peace officer shall be paid for each week, during the  contin-
    13  uance thereof, as follows:
    14    (1)  If the percentage of loss of earning capacity is seventy-five per
    15  centum, or greater, he or she shall be paid one  hundred  fifty  dollars
    16  for each week.
    17    (2) If the percentage of loss of earning capacity is fifty per centum,
    18  or  greater,  but  less than seventy-five per centum, he or she shall be
    19  paid one hundred dollars for each week.

    20    (3) If the percentage of loss of earning capacity is  twenty-five  per
    21  centum,  or  greater, but less than fifty per centum, he or she shall be
    22  paid thirty dollars for each week.
    23    (4) If the percentage of loss of earning capacity is less  than  twen-
    24  ty-five per centum, he or she shall not be paid any weekly benefit.
    25    Permanent  partial  disability,  within the meaning of this paragraph,
    26  shall exist only if the earning capacity of the volunteer peace  officer
    27  has been permanently and partially lost as the result of the injury. The
    28  workers' compensation board shall determine the degree of such disabili-
    29  ty  and  such board may reconsider such degree on its own motion or upon
    30  application of any party in interest.
    31    2. An award made to a claimant under this section  shall  in  case  of
    32  death  arising  from  causes other than the injury be payable to and for

    33  the benefit of the persons following:
    34    a. If there be a surviving spouse and no child of the  deceased  under
    35  the age of eighteen years, to such spouse.
    36    b.  If  there be a surviving spouse and surviving child or children of
    37  the deceased under the age of eighteen years, one-half shall be  payable
    38  to  the  surviving  spouse  and the other half to the surviving child or
    39  children.
    40    c. If there be a surviving child or children of the deceased under the
    41  age of eighteen years, but no surviving spouse, then to  such  child  or
    42  children.
    43    d.  If there be no surviving spouse and no surviving child or children
    44  of the deceased under the age of eighteen years, then to such  dependent
    45  or  dependents  as defined in section seven of this article, as directed
    46  by the workers' compensation board; and if there shall be no such depen-

    47  dents, then to the estate of such deceased in an  amount  not  exceeding
    48  reasonable  funeral  expenses  as provided in subdivision one of section
    49  seven of this article, or, if there be  no  estate,  to  the  person  or
    50  persons  paying  the  funeral expenses of such deceased in an amount not
    51  exceeding reasonable funeral expenses as provided  in  such  subdivision
    52  one.
    53    § 11. Temporary  partial disability benefits. In the case of temporary
    54  partial disability the volunteer peace officer shall be  paid  for  each
    55  week during the continuance thereof, as follows:

        S. 1113                            11
 
     1    1.  If  the percentage of loss of earning capacity is seventy-five per
     2  centum, or greater, he or she shall be paid one  hundred  fifty  dollars
     3  for each week.
     4    2.  If the percentage of loss of earning capacity is fifty per centum,

     5  or greater, but less than seventy-five per centum, he or  she  shall  be
     6  paid one hundred dollars for each week.
     7    3.  If  the  percentage of loss of earning capacity is twenty-five per
     8  centum, or greater, but less than fifty per centum, he or she  shall  be
     9  paid thirty dollars for each week.
    10    4.  If the percentage of loss of earning capacity is less than twenty-
    11  five per centum, he or she shall not be paid any weekly benefit.
    12    Temporary partial disability, within  the  meaning  of  this  section,
    13  shall  exist only if the earning capacity of the volunteer peace officer
    14  has been temporarily and partially lost as the result of the injury. The
    15  workers' compensation board shall determine the degree of such disabili-
    16  ty and such board may reconsider such degree on its own motion  or  upon
    17  application of any party in interest.

    18    § 11-a. Repair  or  replacement of prosthetic devices. If, as a result
    19  of services performed in the line of duty,  a  volunteer  peace  officer
    20  damages  or  loses any prosthetic devices required to be worn or used by
    21  him or her, whether or not he or she is injured, such prosthetic  device
    22  shall be repaired, or replaced in the discretion of the workers' compen-
    23  sation  board,  and  necessary  medical, surgical or other attendance or
    24  treatment, nurse and hospital service, in connection therewith shall  be
    25  furnished, in the same manner as a prosthetic device would be furnished,
    26  replaced   or  repaired  and  treatment  and  care  provided  under  the
    27  provisions of section sixteen of this article. Damage to or  loss  of  a
    28  prosthetic  device  shall be deemed an injury, except that no disability
    29  benefits shall be payable with respect to  such  injury  under  sections

    30  eight,  nine,  ten  and  eleven  of  this  article. The term "prosthetic
    31  device" as used in this section includes an artificial limb,  artificial
    32  eye,  eyeglasses, contact lens, hearing aid, denture or dental appliance
    33  or any surgical appliance required to be worn or used by  the  volunteer
    34  peace  officer, but shall not include shoes or any other article consid-
    35  ered as ordinary wearing apparel, whether or not specially constructed.
    36    § 11-b. Hazardous exposures. If, as a result of services performed  in
    37  the  line  of  duty, a volunteer peace officer is exposed to or comes in
    38  contact with any poisons, gases, x-rays, radium,  radioactive  materials
    39  or  other potentially harmful substances or matter, the captain or other
    40  executive officer of the department, or law enforcement agency of  which
    41  he  or  she  is  a  member  may authorize the volunteer peace officer to

    42  obtain such examinations, tests, treatment and care as  are  immediately
    43  necessary  to determine whether he or she is injured.  Any such authori-
    44  zation may be granted prior to the giving of a notice  of  injury  under
    45  this  chapter.  In  any  such case, the volunteer peace officer shall be
    46  deemed to have been injured and shall be entitled to treatment and  care
    47  and disability benefits as provided in this chapter.
    48    § 12. Nonschedule  adjustments. Notwithstanding any other provision of
    49  this chapter, in any case coming within the provisions of  sections  ten
    50  and  eleven  of  this  article,  in which the right to benefits has been
    51  established and benefits have been paid for not less than three  months,
    52  in  which  the  continuance  of  disability  cannot  be ascertained with
    53  reasonable certainty, the workers' compensation board may, in the inter-

    54  est of justice, approve a nonschedule adjustment agreed to  between  the
    55  claimant  and  the political subdivision liable for the payment of bene-
    56  fits or its insurance carrier. The provisions of subdivision  five-b  of

        S. 1113                            12
 
     1  section fifteen of the workers' compensation law shall apply in any such
     2  case.
     3    § 13. Reclassification  of disabilities. Subject to the limitations in
     4  section fifty-one of this chapter and in  section  one  hundred  twenty-
     5  three  of the workers' compensation law as made applicable to this chap-
     6  ter by section fifty-seven of this chapter,  the  workers'  compensation
     7  board  may  at  any time, without regard to the date of the injury, upon
     8  its own motion, or on application of any party in interest, reclassify a
     9  disability upon proof that there has been a change in condition, or that

    10  the previous classification was erroneous and not  in  the  interest  of
    11  justice.
    12    § 14. Previous disability. The fact that a volunteer peace officer has
    13  suffered  previous  disability or received benefits therefor as provided
    14  in the workers' compensation law, or this chapter shall not preclude him
    15  or her from benefits for a later injury nor preclude death benefits  for
    16  death  resulting  therefrom;  provided,  however, that a volunteer peace
    17  officer who is suffering from a previous disability  shall  not  receive
    18  benefits  for  a later injury in excess of the benefits allowed for such
    19  injury when considered by itself and not in conjunction with the  previ-
    20  ous   disability.  Notwithstanding  the  foregoing  provisions  of  this
    21  section, if a volunteer peace officer has previously incurred  permanent
    22  partial disability through the loss or loss of use of one hand, one arm,

    23  one  foot,  one  leg, or one eye, and suffers the loss or loss of use of
    24  another such major member or eye, he or she may be adjudged  permanently
    25  totally  disabled and receive benefits for permanent total disability as
    26  provided in section eight of this article.
    27    § 15. Expense for rehabilitating injured volunteer peace officers.   A
    28  volunteer peace officer, who as a result of injury is or may be expected
    29  to  be  totally or partially incapacitated for a remunerative occupation
    30  and who, under the direction of the state education department is  being
    31  rendered  fit  to  engage in a remunerative occupation, may receive such
    32  additional financial benefit necessary for his or her rehabilitation  as
    33  the  workers'  compensation board shall determine.  Not more than thirty
    34  dollars per week of such additional amount shall be expended for mainte-

    35  nance. Such expense and such of the administrative expenses of the state
    36  education department as are properly assignable to the expenses of reha-
    37  bilitating such volunteer peace officers shall be paid out of the  voca-
    38  tional  rehabilitation  fund  created  pursuant  to  subdivision nine of
    39  section fifteen of the workers' compensation law.   Any  such  volunteer
    40  peace  officer  for  the  purposes  of  such fund shall be considered an
    41  employee of the political subdivision or law enforcement  agency  liable
    42  for  the  payment of benefits to such volunteer peace officer under this
    43  chapter and such "employer" or its insurance carrier, as  the  case  may
    44  be,  shall make the same financial contribution to such fund as required
    45  by subdivision nine of section fifteen of the workers' compensation  law
    46  in  every  case  of injury causing death of a volunteer peace officer in

    47  which there are no persons entitled to  financial  benefits  under  this
    48  chapter  other  than  (1)  funeral  expenses  and  (2) the death benefit
    49  provided in subdivision two of section seven of this article.
    50    § 16. Treatment and care. A volunteer peace  officer  injured  in  the
    51  line  of duty shall be entitled to receive medical, surgical, podiatric,
    52  chiropractic, psychological and other attendance  and  treatment,  nurse
    53  and  hospital  service, medicine, crutches, artificial members, devices,
    54  appliances, and apparatus, including the replacement and repair thereof,
    55  for such period as the nature of the injury or the process  of  recovery
    56  may  require  and  the  political  subdivision or law enforcement agency

        S. 1113                            13
 
     1  liable for the payment of benefits to the volunteer peace officer  under

     2  this  chapter  because  of  such injury shall be liable therefor and the
     3  cost thereof shall be audited, raised and paid as  provided  in  section
     4  thirty  of  this  chapter.  The  provisions of sections thirteen through
     5  thirteen-m, inclusive, and sections nineteen through nineteen-b,  inclu-
     6  sive,  of  the  workers'  compensation  law,  to  the  extent  that such
     7  provisions are not inconsistent with this chapter, shall  be  applicable
     8  in  relation  to any injured volunteer peace officer, political subdivi-
     9  sion and third persons as fully as if set forth in this chapter.
    10    § 17. Aliens. Financial benefits payable under this chapter to  aliens
    11  not  residents  or  about to become nonresidents of the United States or
    12  Canada shall be in the same amount as  provided  for  residents,  except
    13  that  dependents  in  any  foreign country shall be limited to surviving

    14  spouse and child or children, or, if there be  no  surviving  spouse  or
    15  child  or children, to the surviving father or mother whom the volunteer
    16  peace officer has supported, either wholly or in part, for a  period  of
    17  one year prior to the date of the injury.
    18    § 18. Disposition  of accrued benefits upon death. Except as otherwise
    19  provided in section ten of this article, in the case of the death of  an
    20  injured volunteer peace officer to whom there was due at the time of his
    21  or  her  death  any  benefits  under the provisions of this chapter, the
    22  amount of such benefits shall be payable to  the  surviving  spouse,  if
    23  there  be  one,  or,  if none, to the surviving child or children of the
    24  deceased under the age of eighteen years, and if there be  no  surviving
    25  spouse or children, then to the dependents of such deceased or to any of

    26  them  as  the workers' compensation board may direct, and if there be no
    27  surviving spouse, children or dependents of such deceased, then  to  his
    28  or her estate. An award for disability may be made after the death of an
    29  injured volunteer peace officer.
    30    § 19. Exclusiveness  of  remedy. The benefits provided by this chapter
    31  shall be the exclusive remedy of a volunteer peace officer,  or  his  or
    32  her spouse, parents, dependents, next of kin, executor or administrator,
    33  or anyone otherwise entitled to recover damages, at common law or other-
    34  wise, for or on account of an injury to a volunteer peace officer in the
    35  line  of  duty  or  death  resulting from an injury to a volunteer peace
    36  officer in the line of duty, as against:
    37    1.  the political subdivision or law enforcement agency liable for the
    38  payment of such benefits,

    39    2. the political subdivision regularly served by the  law  enforcement
    40  agency  of which the volunteer peace officer is a member, whether or not
    41  pursuant to a contract for law enforcement  services,  even  though  any
    42  such  political  subdivision is not liable for the payment of such bene-
    43  fits in the circumstances, and
    44    3. any person  or  company  acting  under  governmental  or  statutory
    45  authority  in  furtherance  of  the  duties or activities in relation to
    46  which any such injury resulted; provided,  however,  that  the  benefits
    47  provided  by  this  chapter shall not be the exclusive remedy as against
    48  persons who, in the furtherance of the same duties  or  activities,  are
    49  not  similarly barred from recourse against the volunteer peace officer,
    50  or his or her executor or administrator.
    51    § 20. Other remedies of volunteer peace officers;  subrogation.    The

    52  provisions  of  section  twenty-nine of the workers' compensation law to
    53  the extent that such provisions are not inconsistent with the provisions
    54  of this chapter, shall be applicable as fully as if set  forth  in  this
    55  chapter.

        S. 1113                            14
 
     1    § 21. Assistance  to  other  states,  the Dominion of Canada, property
     2  ceded to the federal government and to Indian reservations. 1.  Whenever
     3  a  department in this state shall answer a call to furnish assistance to
     4  any political subdivision or territory of another state  of  the  United
     5  States  or  of  the Dominion of Canada, or property ceded to the federal
     6  government, the provisions of this chapter shall apply with  respect  to
     7  the  volunteer  peace officers of such department, while such assistance
     8  is being rendered or while going to or returning  from  the  place  from

     9  where the assistance is to be or was rendered, to the same extent and in
    10  the  same manner as if such service had been rendered in or for the area
    11  regularly served by such volunteer  peace  officer;  provided,  however,
    12  that there shall be deducted from any amounts payable under this chapter
    13  any  amounts recoverable by or payable to any such volunteer peace offi-
    14  cer under the laws applicable in the political subdivision or  territory
    15  for which the call for assistance was made.
    16    2.  The  provisions of this chapter shall apply with respect to volun-
    17  teer peace officers of departments of other states of the United  States
    18  and of the Dominion of Canada who render service in this state in answer
    19  to  a  call  for  assistance  to the territory regularly served by a law
    20  enforcement agency described in subdivisions one  through  five,  inclu-

    21  sive,  of section thirty of this chapter and, for the purposes of deter-
    22  mining liability for benefits under this  chapter,  any  such  volunteer
    23  peace  officer  shall be considered as a volunteer member of the depart-
    24  ment of the territory for which service has been rendered in this  state
    25  pursuant  to  a call for assistance; provided that the laws of the state
    26  served by such volunteer peace officers, departments or law  enforcement
    27  agency,  or  of  the  Dominion  of  Canada,  as the case may be, contain
    28  provisions under which benefits are granted  in  relation  to  volunteer
    29  peace  officers  of  this state who are killed or injured when rendering
    30  service in such other states, or the Dominion of Canada, as the case may
    31  be, in answer to a call for assistance; provided,  however,  that  there
    32  shall  be deducted from any amounts payable under the provisions of this

    33  chapter to a volunteer peace officer of such  other  states  or  of  the
    34  Dominion of Canada, any amounts recoverable by or payable to such volun-
    35  teer  peace officer under the laws of the state served by such volunteer
    36  peace officer or of the Dominion of Canada, as the case may be.
    37    3. Whenever a law enforcement agency in this state shall answer a call
    38  for assistance to be rendered to any part of an Indian  reservation  the
    39  provisions  of  this  chapter  shall apply with respect to the volunteer
    40  peace officers of such law enforcement agency or department, while  such
    41  assistance  is  being  rendered  or while going to or returning from the
    42  place from where the assistance is to be or was rendered,  to  the  same
    43  extent and in the same manner as if such service had been rendered in or
    44  for the area regularly served by such volunteer peace officers.

    45    § 22. Revenues  and  benefits from sources other than this chapter. 1.
    46  Benefits, savings or insurance of  the  injured  or  deceased  volunteer
    47  peace  officer,  or  insurance  carried  for  his  or  her benefit under
    48  subsection (a) of section four thousand two hundred thirty-seven of  the
    49  insurance law, shall not be considered in determining the benefits to be
    50  paid  and provided under this chapter, nor shall such benefits be dimin-
    51  ished or reduced by reason of the payment to an injured volunteer  peace
    52  officer of salary, wages or other remuneration by any political subdivi-
    53  sion liable for the payment of such benefits.
    54    2.  Benefits  received  from  any  political  subdivision  pursuant to
    55  service award payments authorized by article eleven-AA  of  the  general

        S. 1113                            15
 

     1  municipal  law shall not be considered in determining the benefits to be
     2  paid and provided under this chapter.
     3    § 23. Assignments,  exemptions.  Benefits  payable  under this article
     4  shall not be assigned, released or commuted, except as provided by  this
     5  chapter, and shall be exempt from all claims of creditors and from levy,
     6  execution and attachment or other remedy for recovery or collection of a
     7  debt,  which  exemption  may  not be waived. Such benefits shall be paid
     8  only to volunteer peace officers or their dependents except as otherwise
     9  provided in this chapter.
    10    § 24. Waiver agreements void. No agreement by a volunteer peace  offi-
    11  cer  to  waive  his or her right to benefits under this chapter shall be
    12  valid.
    13    § 25. Limitation of time. No limitation of time provided in this chap-

    14  ter shall run as against any person who is  mentally  incompetent  or  a
    15  minor so long as he has no committee or guardian.
    16                                 ARTICLE III
    17                      LIABILITY FOR BENEFITS; INSURANCE
    18  Section 30. Liability for and payment of benefits.
    19          31. The insurance contract.
    20          32. Group insurance.
    21    § 30. Liability  for  and  payment  of  benefits.  Except as otherwise
    22  provided in article five of the workers' compensation law and in section
    23  twenty-one of this chapter:
    24    1. If at the time of injury the volunteer peace officer was  a  member
    25  of  a  law  enforcement  agency  of a county, city, town, village or law
    26  enforcement agency, any benefit under this chapter shall  be  a  county,
    27  city,  town,  village  or law enforcement agency charge, as the case may
    28  be, and any claim therefor shall be audited in the same manner as  other

    29  claims against the county, city, town, village or law enforcement agency
    30  and  the  amount  thereof shall be raised and paid in the same manner as
    31  other county, city, town, village or law enforcement agency charges.
    32    2. If at the time of injury the volunteer peace officer was  a  volun-
    33  teer member of a law enforcement agency which uses volunteer peace offi-
    34  cers,  any  benefit  under  this chapter shall be a city, village or law
    35  enforcement agency charge, as the case may be, and  any  claim  therefor
    36  shall  be  audited  in the same manner as other claims against the city,
    37  village or law enforcement agency and the amount thereof shall be raised
    38  and paid in the same manner as other city, village  or  law  enforcement
    39  agency charges.
    40    3.  If  at the time of injury the volunteer peace officer was a member
    41  of a law enforcement agency and located outside of a  city,  village  or

    42  law  enforcement  agency  any benefit under this chapter shall be a town
    43  charge and any claim therefor shall be audited  and  paid  in  the  same
    44  manner  as  town charges and the amount thereof raised upon the property
    45  liable to taxation in such  outside  territory  protected  by  such  law
    46  enforcement  agency  in  the  same  manner  as  town charges therein are
    47  raised.
    48    4. If at the time of injury the volunteer peace officer was  a  member
    49  of  a law enforcement agency  operating in, or maintained jointly by two
    50  or more villages, or two or more towns, or two or more  law  enforcement
    51  agencies,  any benefit under this chapter shall be a charge against such
    52  villages, towns or law enforcement agencies, in the proportion that  the
    53  full  valuation  of  taxable  real estate in each bears to the aggregate
    54  full valuation of the taxable real estate of all such villages, towns or

    55  law enforcement agencies and the amount thereof shall be audited, raised
    56  and paid in the same manner as other village, town  or  law  enforcement

        S. 1113                            16
 
     1  agency  charges.  Full  valuation  shall  be  determined by dividing the
     2  assessed valuations of taxable real estate of each such village, town or
     3  law enforcement agency as shown by the latest completed assessment  roll
     4  of  the village, town or law enforcement agency by the equalization rate
     5  established by the authorized state agency or  officer  for  such  roll;
     6  provided,  however, in a county having a county department of assessment
     7  the full valuation in towns and law enforcement agencies shall be deter-
     8  mined by applying the state equalization rate established for the  town,
     9  or  the  town  in  which  the  law enforcement agency is located, to the

    10  appropriate portion of the last completed county roll.
    11    5. Any political subdivision may finance the payment of  any  benefits
    12  to  be  paid  and  provided under this chapter by the issuance of serial
    13  bonds or capital notes pursuant to the local finance law  unless  it  is
    14  required by some law, other than this chapter, to pay such benefits from
    15  current funds.
    16    6.  Any  political subdivision may contract for insurance indemnifying
    17  against the liability imposed by this  chapter  and  the  cost  of  such
    18  insurance  shall be audited, raised and paid in the same manner as bene-
    19  fits are required to be audited, raised and paid in this section.
    20    7. Insurance authorized to be purchased pursuant to subdivision  seven
    21  of  this  section may be secured from the state fund or any stock corpo-
    22  ration, mutual corporation, group self-insurers  or  reciprocal  insurer

    23  authorized  to  transact  the  business of workers' compensation in this
    24  state.   If such insurance is not  secured,  the  political  subdivision
    25  liable shall be deemed to have elected to be a self-insurer unless it is
    26  a  participant  in  a county plan of self-insurance or its liability for
    27  benefits under this chapter is covered by a town's  participation  in  a
    28  county plan of self-insurance as provided in subdivision nine of section
    29  sixty-three  of  the  workers' compensation law. Every such self-insurer
    30  shall file with the chair of the workers' compensation board a notice of
    31  such election prescribed in form by such chair. For failure to file such
    32  notice within ten days after such election is  made,  the  treasurer  or
    33  other  fiscal  officer  of such political subdivision shall be liable to
    34  pay to the chair of the workers'  compensation  board  the  sum  of  one

    35  hundred dollars as a penalty, to be transferred to the state treasury. A
    36  notice of election to be a self-insurer for compensation and benefits to
    37  volunteer  peace  officers  under the provisions of the workers' compen-
    38  sation law and the general municipal law in effect prior to March first,
    39  in the year of the effective date of this chapter, which was filed prior
    40  to such date pursuant to the provisions of subdivision four  of  section
    41  fifty  of  the workers' compensation law as in effect prior to such date
    42  shall be deemed to be a notice of  election  filed  under  this  section
    43  unless  the  chair of the workers' compensation board is notified to the
    44  contrary. The provisions of subdivision five of  section  fifty  of  the
    45  workers' compensation law shall be applicable to such self-insurers.
    46    8.  The  governing  board  of  a  political subdivision liable for the

    47  payment of such benefits may authorize the  treasurer  or  other  fiscal
    48  officer thereof to pay the financial benefits provided for in this chap-
    49  ter  to  the person entitled thereto without waiting for an award in any
    50  case in the manner provided in section forty-nine of this  chapter.  The
    51  amount  payable  prior  to an award pursuant to such authorization shall
    52  constitute a settled claim within the meaning of the local finance law.
    53    9. Where a city, village, or town is furnished service by law enforce-
    54  ment agency, or any unit thereof pursuant to  a  contract  entered  into
    55  prior  to the enactment date of this chapter with another city, village,
    56  law enforcement  agency,  having  its  headquarters  outside  the  city,

        S. 1113                            17
 
     1  village or law enforcement agency receiving such service and the liabil-

     2  ity for benefits under this chapter in relation to volunteer peace offi-
     3  cers  rendering  such service pursuant to such contract on and after the
     4  effective date of this chapter is not covered pursuant to a county self-
     5  insurance  plan  pursuant to section sixty-three of the workers' compen-
     6  sation law, the contract may be amended after a public hearing  held  in
     7  the manner provided by law for the amendment of any such contract, or at
     8  the  option  of  the  contracting  parties  without a public hearing, to
     9  provide for payment by the  city,  village  or  law  enforcement  agency
    10  receiving  such  service to the city, village, law enforcement agency or
    11  town in which such law enforcement agency has its headquarters, of a sum
    12  in addition to the amount to be paid for such service  pursuant  to  the
    13  contract,  to provide for any increase in cost, or new or added cost, to

    14  such city, village, law enforcement agency or town for insurance  cover-
    15  age  for  liability  for  benefits  under  this chapter on and after the
    16  effective date of this chapter, by reason of the service rendered pursu-
    17  ant to such contract. Where such  service  is  received  pursuant  to  a
    18  contract entered into prior to the effective date of this chapter with a
    19  law enforcement agency having its headquarters outside the city, village
    20  or  law  enforcement  agency receiving such service, then whether or not
    21  such contract is amended as provided in  this  section,  or  a  contract
    22  entered into on or after the effective date of this chapter so provides,
    23  a  city, village or law enforcement agency receiving such service on and
    24  after the effective date of this chapter pursuant to a  contract,  shall
    25  pay  to  the city, village, or town in which such law enforcement agency

    26  has its headquarters a sum in addition to the amount to be paid for such
    27  service pursuant to the contract, to provide for any increase  in  cost,
    28  or  new  or added cost, to such city, village, law enforcement agency or
    29  town for insurance coverage for the liability for  benefits  under  this
    30  chapter on and after the effective date of this chapter by reason of the
    31  service  rendered  pursuant to such contract. Any such additional sum so
    32  paid shall not be subject to division with a law enforcement  agency  as
    33  otherwise provided by law in the case of contracts for such service.
    34    § 31. The  insurance  contract. 1. The provisions of subdivisions one,
    35  two, four, five and seven of section fifty-four of the workers'  compen-
    36  sation  law, in relation to the insurance contract, which are not incon-
    37  sistent with this chapter, shall be applicable as fully as if set  forth

    38  herein.  The  insurance  carrier  shall  be  a party to all hearings and
    39  determinations by the workers' compensation  board  or  the  courts  and
    40  shall  have  the  right  to  raise or plead any defense available to the
    41  political subdivision liable in the first instance for the  benefits  to
    42  be paid and provided by this chapter.
    43    2.  A contract of insurance indemnifying against the liability imposed
    44  by this chapter issued by an insurance carrier to a county or a town and
    45  in force on or after the effective date of such chapter, shall contain a
    46  provision reading as follows:  "This contract does not provide  (a)  any
    47  coverage  under  the  workers'  compensation  law or the volunteer peace
    48  officers' benefit law for which any  law  enforcement  agency  would  be
    49  liable  under  such  laws,  (b)  any  workers' compensation benefits for

    50  volunteer peace officers and employees for  which  any  law  enforcement
    51  agency  would  be liable under the workers' compensation law, or (c) any
    52  volunteer peace officers' benefits for any volunteer peace officers  for
    53  which  any  law  enforcement  agency would be liable under the volunteer
    54  peace officers' benefit law." The foregoing provision does not apply  in
    55  relation  to  volunteer  peace  officers' benefit coverage and volunteer
    56  peace officers' benefits provided for and in relation to  the  following

        S. 1113                            18
 
     1  named  law  enforcement agencies which have expressly requested coverage
     2  under this contract pursuant to the provisions of section thirty-two  of
     3  this   article,   to  wit:  (If  there  are  no  exceptions,  enter  "No
     4  exceptions").
     5    3.  An  insurance  contract  to indemnify against liability imposed by

     6  this chapter originally issued to take effect on or after  March  first,
     7  next  succeeding  the  effective  date  of this chapter, and any renewal
     8  thereof, (a) shall be a separate and distinct contract, (b) shall not be
     9  attached as an endorsement or rider to, or in any other way form a  part
    10  of,  a  workers'  compensation  insurance  contract,  (c) shall not have
    11  attached thereto any endorsement or rider covering any  liability  under
    12  the  workers'  compensation  law and (d) shall not be on a contract form
    13  used by the insurance carrier for  the  purpose  of  insuring  employers
    14  against  liabilities  imposed  by  the  workers' compensation law, or is
    15  attached to any such form as an endorsement or rider.
    16    4. An insurance contract to indemnify  against  liability  imposed  by
    17  this  chapter  originally  issued  to take effect prior to the effective

    18  date of such chapter, shall not be renewed to continue in effect  on  or
    19  after March first, in the year of the effective date of this chapter, if
    20  (a)  it  is  attached as an endorsement or rider to, or in any other way
    21  forms a part of, a workers' compensation insurance contract, (b) it  has
    22  attached  thereto  any endorsement or rider covering liability under the
    23  workers' compensation law or (c) it is on a contract form  used  by  the
    24  insurance  carrier for the purpose of insuring employers against liabil-
    25  ities imposed by the workers' compensation law, or is  attached  to  any
    26  such form as an endorsement or rider.
    27    § 32. Group  insurance.  1.  Notwithstanding  any provision of section
    28  thirty of this article, any town may contract for  a  single  policy  of
    29  insurance  indemnifying  (a)  all law enforcement agencies wholly within

    30  such town which are liable for the payment of benefits under this  chap-
    31  ter, (b) all territory within such town outside cities, villages and law
    32  enforcement  agencies  which is liable for the payment of benefits under
    33  this chapter, and (c) the town in relation to such law enforcement agen-
    34  cies, and outside territory, against liability imposed by this  chapter.
    35  If a town has any such liability and contracts for such a single policy,
    36  then  and  in that event only any such policy, if requested by the board
    37  of trustees of any village wholly within the town, or by  the  board  of
    38  commissioners  of  any  law  enforcement  agency wholly within the town,
    39  shall also indemnify such village or law enforcement agency against such
    40  liability. The cost of such insurance shall be a town charge  and  shall
    41  be levied and collected in the same manner as other town charges only in

    42  the  territory  of such town which is liable for the payment of benefits
    43  under this chapter and which is outside of any village and law  enforce-
    44  ment  agencies  not  covered  by  such a policy. Nothing in this section
    45  contained shall impose any additional liability  on  any  town  for  any
    46  benefit payments in relation to volunteer peace officers.
    47    2. Notwithstanding any other provision of section thirty of this arti-
    48  cle,  any  group  of  cities, villages, law enforcement agencies or town
    49  boards acting for and on behalf of law enforcement agencies or  territo-
    50  ries  outside  any  such  municipal  corporations or districts which are
    51  liable for the payment of benefits under  this  chapter,  all  of  which
    52  cities,  villages,  districts and territories are located in whole or in
    53  part within one county, may elect by resolution of the  governing  board

    54  of  each  member of the group to be insured against liability imposed by
    55  this chapter, as a group under a single policy.  Such resolutions  shall
    56  be  filed with the chairman of the board of supervisors. The group shall

        S. 1113                            19
 
     1  file with the chairman of the board of supervisors an agreement,  signed
     2  by  the  officer  of  the  governing body designated by such resolution,
     3  agreeing to the effective date of such policy and to the  population  of
     4  each  such  city,  village,  law  enforcement  agency and such territory
     5  outside any such municipal corporation or district, and, if any such law
     6  enforcement agency lies wholly or partly within two or more  towns,  the
     7  population  of  the district within each such town. The population shall
     8  be that which is shown by the latest federal census, or, if not shown by

     9  such census, then as estimated.  The  estimate  used  for  any  village,
    10  district or other area in a town plus the estimated or actual population
    11  of all other villages, districts and areas in such town shall not exceed
    12  the  population  of  such town as shown by the latest federal census. It
    13  shall be the duty of the chairman of the board  of  supervisors  of  the
    14  county,  upon  the filing of such resolutions and agreement, promptly to
    15  contract for insurance indemnifying against  the  liability  imposed  by
    16  this  chapter  in the manner provided in section thirty of this article.
    17  Except by mutual consent of the  participating  members,  a  member  may
    18  withdraw from such a group only upon the anniversary date of the policy,
    19  and  then  only  upon  thirty  days' notice of withdrawal by mail to the
    20  chairman of the board of supervisors. The cost of such  insurance  shall

    21  be apportioned by the clerk of the board of supervisors of the county to
    22  each  such  city,  village,  law  enforcement  agency and such territory
    23  outside such municipal corporations and  districts,  in  the  proportion
    24  that  the agreed population bears to the entire population of the group.
    25  Refunds, dividends and discounts in relation to such insurance shall  be
    26  distributed  or  credited  according  to  the  same  apportionment. Upon
    27  notification by the clerk of the board of supervisors, the chief  fiscal
    28  officer  of  each such city, village or law enforcement agency shall pay
    29  to the county treasurer, from moneys available or  made  available,  the
    30  amount  apportioned to such city, village or district. Upon like notifi-
    31  cation, the supervisor of each town in which such law enforcement agency
    32  is located in whole or in part, or in which such  outside  territory  is

    33  located,  shall  pay  to the county treasurer the amount apportioned for
    34  such district, in whole or in part, or territory, as the  case  may  be,
    35  using  moneys  raised  or  made available for the purposes of service in
    36  such district or outside territory, or if there be  no  such  moneys  or
    37  insufficient  moneys,  using  funds of the town available or made avail-
    38  able, which funds shall be a charge upon such district or territory  for
    39  which  the  town shall be reimbursed. The county treasurer shall pay the
    40  cost of such insurance with such moneys, or if any apportioned share has
    41  not been paid, the county treasurer shall advance the  amount  necessary
    42  from moneys of the general fund upon resolution of the board of supervi-
    43  sors.  Any  such advance shall be repaid as soon as moneys are available
    44  therefor.   If any apportioned share  remains  unpaid,  the  county  may

    45  recover the same by action at law. If any member of the group shall fail
    46  to  pay  its apportioned share within thirty days after notice that such
    47  amount has become due and payable, the chairman of the board of supervi-
    48  sors may terminate the participation of such  member  in  the  group  by
    49  notice  by  mail to such member on a date specified in the notice, and a
    50  copy of such notice shall be filed by  the  chairman  of  the  board  of
    51  supervisors with the insurance carrier, who shall notify the chairman of
    52  the  workers'  compensation  board of the termination of coverage in the
    53  same manner as provided for cancellation  of  policy  under  subdivision
    54  five  of  section  fifty-four  of  the workers' compensation law. If any
    55  village or law enforcement agency is located in two or more counties, it
    56  may elect to join such a group in one  of  such  counties.  If  any  law

        S. 1113                            20
 
     1  enforcement  agency includes territory in more than one county, it shall
     2  become a participant only if all the  town  boards  acting  for  and  on
     3  behalf  of  such  district  shall  have elected that such district shall
     4  become  a participant in such a group, and in such case such town boards
     5  shall elect as to which county group it shall join.  If any  participat-
     6  ing  law  enforcement  agency  includes territory in more than one town,
     7  whether or not in more than one county, the amount of cost of insurance,
     8  refund, dividend or discount  apportioned  to  such  district  shall  be
     9  apportioned in the proportion that the population of the district within
    10  each  such  town  bears  to  the  population of the entire district. The
    11  figure used for population in such case shall be the one stated  in  the

    12  agreement.    If  the  boundaries  of any city, village, law enforcement
    13  agency or such outside territory in the group shall  be  changed  during
    14  the  effective  period  of  any  such  insurance policy, or if there are
    15  changes in  the  membership  of  the  group,  the  agreement  heretofore
    16  mentioned  concerning  population  shall  be  appropriately amended by a
    17  supplementary agreement to be executed and filed in the same  manner  as
    18  the original agreement, in which case the coverage of the policy and the
    19  apportionment of the cost thereof shall be changed accordingly.
    20    3.  Each  policy  issued  pursuant to subdivisions one and two of this
    21  section shall identify clearly each city, town, village, or law enforce-
    22  ment agency and outside territory covered thereby.
    23                                 ARTICLE IV
    24                                  PROCEDURE

    25  Section 40. Notice of injury or death.
    26          41. Claim for benefits.
    27          42. Reports of injuries, claims and proceedings.
    28          43. Determination of claims for benefits.
    29          44. Presumptions.
    30          45. Modification of awards, decisions or orders.
    31          46. Appeals.
    32          47. Costs and fees.
    33          48. Representation before the workers' compensation board.
    34          49. Benefits; how payable.
    35          50. Payments pending controversies.
    36          51. Fund for reopened cases.
    37          52. Awards to nonresidents; nonresident compensation fund.
    38          53. Enforcement of payment.
    39          54. Aggregate trust fund.
    40          55. Penalty for false representation.
    41          56. Non-duplication of benefits.
    42          57. Miscellaneous provisions.
    43          58. Application of provisions of workers' compensation law.

    44          59. Liberal construction.
    45          60. Administrative expenses.
    46          61. Death or disability due to disease or malfunction  of  heart
    47                or coronary arteries; claims and procedures.
    48    § 40. Notice  of  injury  or  death.  Notice of an injury or death for
    49  which benefits are to be paid or provided under this  chapter  shall  be
    50  given  to the political subdivision or the law enforcement agency liable
    51  for the payment thereof within ninety days after such  injury  or  death
    52  except  that  such notice need not be given if a claim is filed pursuant
    53  to section forty-one of this article within ninety days after such inju-
    54  ry or death. Either such notice may be given by any person  claiming  to
    55  be  entitled  to  such benefits or by someone in his or her behalf.  The
    56  notice shall be in writing, shall contain the name and  address  of  the

        S. 1113                            21
 
     1  volunteer peace officer, and state in ordinary language the time, place,
     2  nature and cause of the injury and shall be signed by him or her or by a
     3  person  on his or her behalf or, in case of death, by any one or more of
     4  his  or her dependents, or by a person on their behalf. The notice shall
     5  be given to the clerk of the board of supervisors  of  the  county,  the
     6  comptroller  or  chief  financial officer of the city, the town clerk of
     7  the town, the clerk of the village, the secretary of the law enforcement
     8  agency or the law enforcement agency, as the case may be, by  delivering
     9  it  to  such  officer or by registered letter properly addressed to such
    10  officer. The failure to give notice of injury or notice of  death  shall
    11  be  a bar to any claim under this chapter unless such failure is excused

    12  by the workers' compensation board on any of the following grounds:
    13    1. that for some sufficient reason the  notice  could  not  have  been
    14  given,
    15    2.  that  a  member of a body in charge of, or any officer of, the law
    16  enforcement agency had knowledge within such ninety-day  period  of  the
    17  injuries or death,
    18    3.  that  the  political subdivision, or its insurance carrier had not
    19  been prejudiced by a delay in giving such notice, or
    20    4. that the cause of disablement or death was  not  known  to  be  the
    21  result  of  service  performed  in the line of duty as a volunteer peace
    22  officer in sufficient  time  to  comply  with  the  provisions  of  this
    23  section.
    24    § 41. Claim for benefits. The right to claim benefits under this chap-
    25  ter  shall  be barred, except as hereinafter provided, unless within two

    26  years after the injury, or, if death results therefrom, within two years
    27  after such death, a claim for the benefits under this chapter  shall  be
    28  filed with the chairman of the workers' compensation board and a copy of
    29  such  claim  shall  be  filed  with the same officer to whom a notice of
    30  injury must be given under section forty of this article. The right of a
    31  volunteer peace officer or his or her dependents to claim benefits under
    32  this chapter for disablement or death, as the case  may  be,  caused  by
    33  disease  shall not be barred by the failure of the volunteer peace offi-
    34  cer or his or her dependents to file a claim within either  such  period
    35  of two years, provided such claim shall be filed after either such peri-
    36  od  of two years and within ninety days after disablement or ninety days
    37  after knowledge that the disease is or was due to service as a volunteer

    38  peace officer, whichever is the  later  date.  The  claim  shall  be  in
    39  substantially the same form and shall give substantially the same infor-
    40  mation  as  is  required  to be given in a claim under the provisions of
    41  section twenty-eight of the workers' compensation  law.  Notwithstanding
    42  the  provisions  of  any other law, any such claim need not be sworn to,
    43  verified or acknowledged. No case in which an advance payment is made to
    44  a volunteer peace officer or to his or her dependents in case  of  death
    45  shall  be barred by the failure of the volunteer peace officer or his or
    46  her dependents to file a claim, and the workers' compensation board  may
    47  at  any  time  order  a  hearing  on any such case in the same manner as
    48  though a claim for benefits had been filed.
    49    The date of injury caused by disease shall be the date of  contracture

    50  of  such disease as determined by the workers' compensation board on the
    51  hearing of the claim and the responsibility of the political subdivision
    52  liable for the payment of benefits and its insurance  carrier  shall  be
    53  fixed by the date of injury as so determined.
    54    § 42. Reports of injuries, claims and proceedings. If an injury is one
    55  for  which  an  insurance  carrier  might  be liable under a contract of
    56  insurance or a county plan of self-insurance might be required  to  pay,

        S. 1113                            22
 
     1  the  officer  to  whom a notice of injury is required to be delivered or
     2  mailed and with whom the claim in relation to such injury is required to
     3  be filed under the provisions of this chapter shall send a copy of  such
     4  notice and claim and a copy of any notice of a proceeding relating to an

     5  injury  or  claim to such insurance carrier or county plan of self-insu-
     6  rance, as the case may be, promptly after receiving the same. The  poli-
     7  tical  subdivision  or  law enforcement agency liable for the payment of
     8  benefits under this chapter  shall  keep  such  records  and  make  such
     9  reports  to  the chairman of the workers' compensation board as required
    10  by section one hundred ten of the workers' compensation  law,  which  by
    11  section  fifty-seven of this article is made applicable to this chapter.
    12  Failure to comply with the provisions of this section shall not  relieve
    13  such  an  insurance  carrier of liability or a county plan of self-insu-
    14  rance from its obligation to pay.
    15    § 43. Determination of claims for benefits. The provisions of  section
    16  twenty  of the workers' compensation law shall be applicable as fully as

    17  if set forth in this chapter, except that the waiting  period  of  seven
    18  days  for the presentation of claims for benefits shall not apply to the
    19  presentation of claims for benefits under this chapter.
    20    § 44. Presumptions. If a claim for benefits is filed within two  years
    21  after  the  injury,  or, if death results therefrom, is filed within two
    22  years after such death, as provided in section forty-one of  this  arti-
    23  cle,  then in any proceeding for the enforcement of such claim, it shall
    24  be presumed in the absence of substantial evidence to the contrary:
    25    1. That the claim comes within the provisions of this chapter.
    26    2. That sufficient notice thereof was given.
    27    3. That the injury was not occasioned by the wilful intention  of  the
    28  injured  volunteer  peace  officer to bring about the injury or death of
    29  himself, herself or another.

    30    4. That the injury did not result solely from the intoxication of  the
    31  injured volunteer peace officer while acting in line of duty.
    32    5.  That  the  contents  of medical and surgical reports introduced in
    33  evidence by claimants for benefits shall constitute prima facie evidence
    34  of fact as to the matter contained therein.
    35    § 45. Modification of awards, decisions or orders. The  provisions  of
    36  section  twenty-two of the workers' compensation law shall be applicable
    37  as fully as if set forth in this chapter.
    38    § 46. Appeals. The provisions of section twenty-three of the  workers'
    39  compensation  law  shall  be applicable as fully as if set forth in this
    40  chapter except that reimbursement following  modification  or  recession
    41  upon  appeal  shall  be paid from administration expenses as provided by
    42  section sixty of this article.

    43    § 47. Costs and fees. The provisions of  section  twenty-four  of  the
    44  workers'  compensation  law shall be applicable as fully as if set forth
    45  in this chapter.
    46    § 48. Representation  before  the  workers'  compensation  board.  The
    47  provisions  of  section  twenty-four-a  of the workers' compensation law
    48  which are not inconsistent with the provisions of this chapter shall  be
    49  applicable as fully as if set forth in this chapter.
    50    § 49. Benefits;  how payable. Except as otherwise provided in subdivi-
    51  sions one and two of section seven of this chapter, benefits under  this
    52  chapter  shall  be paid in the manner provided in section twenty-five of
    53  the workers' compensation law. The provisions of  such  section  twenty-
    54  five,  other  than  those relating to welfare, pension or benefit plans,
    55  agreements and trusts, shall be applicable as fully as if set  forth  in

    56  this chapter.

        S. 1113                            23
 
     1    § 50. Payments pending controversies. In order that the benefits to be
     2  paid  and  provided under this chapter shall be paid promptly where such
     3  benefits are conceded to be due to any person because of the death of or
     4  injuries to a volunteer peace officer,  but  controversy  exists  as  to
     5  which  political subdivision or law enforcement agency is liable for the
     6  payment thereof, the municipal corporations,  law  enforcement  agencies
     7  involved  in  such controversy and their insurance carriers, if any, may
     8  agree that any one or more of such municipal corporations, law  enforce-
     9  ment  agency  or its insurance carrier shall pay or provide the benefits
    10  to, or in relation to, the person conceded to be entitled to such  bene-

    11  fits  without  waiting for a final determination of the controversy, and
    12  may carry out the provisions of such an agreement.  Notwithstanding  any
    13  such  payment, any party to the agreement may seek a final determination
    14  of the controversy in the same manner as if such benefits had  not  been
    15  paid or provided and any such payment or provision of benefits shall not
    16  prejudice any rights of the political subdivision, law enforcement agen-
    17  cy  or  its insurance carrier paying or providing the same, nor be taken
    18  as an admission against interest.    After  a  final  determination  the
    19  parties  to the agreement shall make any necessary and proper reimburse-
    20  ment to conform to the determination.
    21    § 51. Fund for reopened cases. 1. The provisions  of  section  twenty-
    22  five-a  of the workers' compensation law shall be applicable as fully as

    23  if set forth in this chapter, except that, other than  with  respect  to
    24  the  annual  assessment  under  such section, payments to an executor or
    25  administrator of the estate of a volunteer  peace  officer  pursuant  to
    26  subdivision  two  of  section seven of this chapter shall not constitute
    27  payment of benefits for the purpose of determining  the  amount  of  the
    28  payment to the fund for reopened cases. Benefits paid to volunteer peace
    29  officers  and other persons entitled to benefits under this chapter from
    30  the fund for reopened cases shall be in accordance with  the  provisions
    31  of this chapter.
    32    2. The insurance carrier or entity responsible for payment of benefits
    33  paying  such  benefit  increase  shall  claim  for such benefit increase
    34  reimbursement from the special fund for reopened  cases  commencing  one
    35  year  from  the  date  of the first such payment and annually thereafter

    36  while such payments continue, on a form prescribed by the chair.
    37    3.  All carriers shall pay benefits  in  conformance  with  rates  set
    38  forth  in section eight of this chapter without awaiting modification by
    39  the board of any prior inconsistent award.
    40    § 52. Awards  to  nonresidents;  nonresident  compensation  fund.  The
    41  provisions  of  section  twenty-five-b  of the workers' compensation law
    42  shall be applicable as fully as if set forth in this chapter.
    43    § 53. Enforcement of payment. 1. The provisions of section  twenty-six
    44  of  the  workers'  compensation law, other than the portions relating to
    45  section fourteen-a, subdivision eight of  section  fifteen  and  section
    46  fifty  of the workers' compensation law, shall be applicable as fully as
    47  if set forth in this chapter.
    48    2. The provisions of section fifty-four-b of the workers' compensation

    49  law shall be applicable as fully as if set forth in this chapter.
    50    § 54. Aggregate trust fund. The provisions of section twenty-seven  of
    51  the  workers'  compensation  law  which  are  not  inconsistent with the
    52  provisions of this section, shall be applicable as fully as if set forth
    53  in this chapter with respect to claims for benefits under this chapter.
    54    § 55. Penalty for false representation. If, for the purpose of obtain-
    55  ing any benefit or payment under the provisions of this chapter, or  for
    56  the  purpose  of  influencing any determination regarding any benefit or

        S. 1113                            24
 
     1  payment under the  provisions  of  this  chapter,  either  for  himself,
     2  herself  or  for  any  other  person,  any person wilfully makes a false
     3  statement or representation, he or she shall be guilty of a misdemeanor.

     4    § 56. Non-duplication of benefits. If benefits are required to be paid
     5  under  this  chapter  in  the event of injury to or death of a volunteer
     6  peace officer, the volunteer peace officer or other persons entitled  to
     7  such   benefits  shall  not  receive  workers'  compensation  under  the
     8  provisions of the workers' compensation law in relation to  such  injury
     9  or death.
    10    § 57. Miscellaneous provisions. The provisions of article seven of the
    11  workers' compensation law which are not inconsistent with the provisions
    12  of  this  chapter  shall be applicable as if fully set forth herein. The
    13  reference to sections twenty-five-a and fifty of  the  workers'  compen-
    14  sation  law  in section one hundred twenty-three of the workers' compen-
    15  sation law shall be deemed to refer to sections fifty-one and thirty  of
    16  this chapter.

    17    § 58. Application  of provisions of workers' compensation law. All the
    18  powers and duties conferred or imposed upon the chairman of the workers'
    19  compensation board and the workers' compensation board by  the  workers'
    20  compensation  law  which  are  necessary  for the administration of this
    21  chapter and not inconsistent with this chapter are, to that extent, made
    22  applicable to this chapter, even though such provisions of the  workers'
    23  compensation  law  are  not expressly made applicable to this chapter by
    24  the provisions of this chapter or the workers' compensation law.
    25    § 59. Liberal construction. The provisions of this article relating to
    26  giving notice of injury and filing of claim, and to the contents of  any
    27  such  notice or claim, shall be construed liberally in order to effectu-
    28  ate the objects and purposes of this chapter.

    29    § 60. Administrative expenses. 1. The chairman of the workers' compen-
    30  sation board and the department of audit and control, as soon as practi-
    31  cable after April first, next succeeding  the  effective  date  of  this
    32  chapter,  and  annually as soon as practicable after April first in each
    33  year thereafter, shall ascertain the total amount of expenses, including
    34  in addition to the direct costs of personal service, the cost of mainte-
    35  nance and operation, the cost of retirement contributions made and work-
    36  ers' compensation premiums paid by  the  state  for  or  on  account  of
    37  personnel,  rentals  for  space  occupied in state owned or state leased
    38  buildings, such additional sum as may be certified to  the  chairman  of
    39  the  workers' compensation board and the department of audit and control
    40  as a reasonable compensation for services rendered by the department  of

    41  law  and  expenses  incurred by such department, and all other direct or
    42  indirect costs, incurred by the chairman or the board during the preced-
    43  ing fiscal year in connection with the administration  of  this  chapter
    44  and  in  connection with the preparations for the taking effect thereof.
    45  The services and expenses of the members, employees and officers of  the
    46  board related to this chapter and such preparations shall be apportioned
    47  and  included in the amount to be assessed. If any officers or employees
    48  of the state perform duties directly which in part are  related  to  the
    49  administration  of  this  chapter  and such preparations and in part not
    50  related thereto and if there  are  other  expenses  which  are  incurred
    51  jointly  in  connection with the administration of this chapter and such
    52  preparations and in activities not so connected, an equitable apportion-

    53  ment shall be made and only such parts thereof as apply to the  adminis-
    54  tration of this chapter and such preparations shall be chargeable to the
    55  administrative expenses as provided in this section.

        S. 1113                            25
 
     1    2.  An itemized statement of the expenses so ascertained shall be open
     2  to public inspection in the office of the chairman for thirty days after
     3  notice to all carriers by publication, before an assessment may be  made
     4  upon such carriers as hereinafter provided.
     5    3.  The expenses of administration, including such expenses for prepa-
     6  ration, for the fiscal years ending March thirty-first, in the  year  of
     7  and  the  year  following  the  effective  date of this chapter shall be
     8  consolidated and reimbursed by one assessment made after April first, in

     9  the year following the year of the effective date of this  chapter.  The
    10  chairman  shall  as  soon  as practicable after April first, in the year
    11  following the year of the effective date of this  chapter,  assess  upon
    12  and  collect  from  each  carrier  the  proportion  of such consolidated
    13  expenses for the fiscal years ending March thirty-first, in the year  of
    14  and  the year following the effective date of this chapter, and annually
    15  thereafter as soon as practicable after the close of  each  fiscal  year
    16  the  proportion of such expenses for the preceding fiscal year, that the
    17  total indemnity benefit payments made by such carrier in such year  bore
    18  to  the total indemnity benefit payments made by all insurance carriers.
    19  The amounts so secured shall be used to reimburse the state treasury for
    20  appropriations theretofore made by the state  for  the  payment  in  the

    21  first  instance  of  the  expenses  of administering this chapter and in
    22  connection with the preparations for the taking effect thereof.
    23    4. The board shall keep an accurate record of all hearings held. Where
    24  the decision of a referee is affirmed by  the  board  upon  review,  the
    25  board  shall  assess  against each insurance carrier seeking such review
    26  the sum of twenty-five dollars and may assess against  any  other  party
    27  the  sum of five dollars. These assessments shall be paid into the state
    28  treasury.
    29    5. The provisions of subdivision two of section one hundred  fifty-one
    30  of the workers' compensation law shall not be applicable with respect to
    31  the  apportionment  and assessment of the expenses of administering this
    32  chapter, but shall be applicable with respect to the  apportionment  and
    33  assessment  to replenish the fund for reopened cases under section twen-

    34  ty-five-a of the workers' compensation law and section fifty-one of this
    35  article.
    36    6. Assessments for the fund for reopened cases and for the  operations
    37  of the workers' compensation board shall not constitute elements of loss
    38  but shall for recoupment purposes be treated as separate costs by carri-
    39  ers.  Carriers shall assess such costs on their policyholders in accord-
    40  ance with rules set forth by the New York compensation insurance  rating
    41  board, as approved by the superintendent of insurance.
    42    7.  Notwithstanding  the  provisions  of  subdivision  three  of  this
    43  section, the chair may require that partial payments for expenses of the
    44  fiscal year beginning April first, in the year of the effective date  of
    45  this chapter, and for each fiscal year thereafter, shall be made on June
    46  thirtieth, September thirtieth, December thirty-first and March tenth of

    47  each  year,  or  on  such  other dates as the director of the budget may
    48  prescribe, by each insurance  carrier,  including  the  state  insurance
    49  fund.  Each  such payment shall be a sum equal to twenty-five per centum
    50  of the annual expenses assessed upon each carrier, including  the  state
    51  insurance  fund,  as  estimated by the chair. The balance of assessments
    52  for the fiscal year beginning April first, in the year of the  effective
    53  date of this chapter and each fiscal year thereafter, shall be paid upon
    54  determination of the actual amount due in accordance with the provisions
    55  of  subdivision three of this section. Any overpayment of annual assess-
    56  ments resulting from the  requirements  of  this  subdivision  shall  be

        S. 1113                            26
 
     1  refunded  or  at  the  option  of the chair shall be applied as a credit

     2  against the assessment of the succeeding fiscal year.  The  requirements
     3  of  this  subdivision  shall not apply to those carriers whose estimated
     4  annual  assessment  is  less  than one hundred dollars and such carriers
     5  shall make a single payment of the estimated  annual  assessment  on  or
     6  before September thirtieth of the fiscal year.
     7    8.  Commencing with the fiscal year beginning April first, in the year
     8  following the year of the effective date of this chapter, the provisions
     9  of subdivision six of this section shall be applicable  to  any  county,
    10  city,  town,  village  or  other political subdivision failing to secure
    11  insurance pursuant to subdivisions eight and nine of section  thirty  of
    12  this chapter.
    13    § 61. Death  or  disability  due to disease or malfunction of heart or
    14  coronary arteries; claims and procedures. 1. A claim  for  benefits  for

    15  the  death  or disability of a volunteer peace officer due to disease or
    16  malfunction of the heart or of one or more coronary  arteries  filed  in
    17  accordance  with  section forty-one of this article, shall not be denied
    18  provided the claimant  introduces  evidence  which  establishes  that  a
    19  volunteer  peace officer suffered disease or malfunction of the heart or
    20  of one or more coronary arteries which caused the disablement  or  death
    21  of  the  volunteer  peace  officer, and that such disease or malfunction
    22  resulted from the duties and activities in  which  the  volunteer  peace
    23  officer  was  engaged  as  set forth in section five of this chapter for
    24  which benefits shall be paid, unless it  can  be  shown  by  substantial
    25  evidence to the contrary that the duties and activities of the volunteer
    26  peace  officer  in  which the volunteer peace officer was engaged at the

    27  time of such disease or malfunction did not cause  or  precipitate  such
    28  disease  or  malfunction;  and  further provided that the injury did not
    29  result solely from the intoxication of the volunteer peace officer while
    30  acting in the line of duty or was not occasioned by the wilful intention
    31  of the volunteer peace officer to bring about the  injury  or  death  of
    32  himself, herself or another.
    33    2.  The  chairman  of the workers' compensation board shall promulgate
    34  rules and regulations providing a priority for controverted  claims  for
    35  benefits  filed  as  provided  in  subdivision one of this section. Such
    36  rules and regulations shall also prescribe a form to be used for  making
    37  claims  for  such  benefits.  Such  form  shall specifically request the
    38  information necessary in order to receive an award of benefits.
    39    3. This section shall not be construed to repeal  by  implication  any

    40  existing provision of law.
    41                                  ARTICLE V
    42                           EFFECT UPON OTHER LAWS
    43  Section 90. References to workers' compensation law.
    44    § 90. References to workers' compensation law. Where the provisions of
    45  any  section or part of any section of the workers' compensation law are
    46  made applicable to this chapter and are incorporated  herein  by  refer-
    47  ence,  the  following  terms  used  in  such  provisions of the workers'
    48  compensation  law  shall  have  the  following  meanings  when  read  in
    49  connection with this chapter:
    50    1. "Accident" means "injury" as defined in this chapter.
    51    2.  "Surviving  spouse" means the legal wife of a deceased male volun-
    52  teer peace officer or the legal husband of a deceased  female  volunteer
    53  peace  officer,  as  the case may be, but shall not include a spouse who

    54  has abandoned the deceased. The term "abandoned", as used in this subdi-
    55  vision, means such an abandonment as would be sufficient  under  section

        S. 1113                            27
 
     1  two hundred of the domestic relations law to sustain a judgment of sepa-
     2  ration on that ground.
     3    3. "Employee" means a volunteer peace officer who has been or might be
     4  injured  in  line  of  duty or who dies or might die from the effects of
     5  such an injury.
     6    4. "Employment" means service of a volunteer peace officer in the line
     7  of duty.
     8    5. "Employer" means the political subdivision or law enforcement agen-
     9  cy liable for payment of financial benefits pursuant to this chapter.
    10    6. "Injury" means "injury" as defined in this chapter.
    11    7. "Injured worker" means injured volunteer peace officer.

    12    8. "Insurance carrier" means "insurance carrier" as  defined  in  this
    13  chapter.
    14    9. "Same employ" means the same law enforcement agency, or in the same
    15  service for a political subdivision, or district or area thereof, pursu-
    16  ant to a call for assistance.
    17    10.  "Workers' compensation" means the benefits payable to a volunteer
    18  peace officer or his or her dependents pursuant to this chapter, includ-
    19  ing medical treatment and care, except when a different meaning obvious-
    20  ly is intended.
    21    Where any such section is so made applicable and is  so  incorporated,
    22  and  there is a reference therein to another section or provision of the
    23  workers' compensation law which also has been made  applicable  to  this
    24  chapter,  such  reference  shall  be  deemed  to  include the applicable
    25  section or provision of this chapter if  such  inclusion  is  consistent

    26  with the provisions of this chapter.
    27    §  2.  Section  837  of  the  executive law is amended by adding a new
    28  subdivision 19 to read as follows:
    29    19. Operate a registry of volunteer peace officer programs established
    30  by local municipalities pursuant to section two  hundred  six-c  of  the
    31  general  municipal  law,  and prescribe a training course for such peace
    32  officers.
    33    § 3. The general municipal law is amended  by  adding  a  new  section
    34  206-c to read as follows:
    35    § 206-c. Volunteer peace officer programs. 1. As used in this section,
    36  a  volunteer  peace  officer  shall mean an unpaid employee of a program
    37  registered with the division of criminal justice  services  pursuant  to
    38  subdivision seventeen of section eight hundred thirty-seven of the exec-

    39  utive  law,  who  has  been  trained by police, sheriff or other academy
    40  approved by such division.
    41    2. Any local municipality may  establish  a  volunteer  peace  officer
    42  program  by  registering with the division of criminal justice services,
    43  including a roster of applicants, all of whom shall meet the  qualifica-
    44  tions listed in subdivision three of this section.
    45    3.  Applicants  for  volunteer  peace  officer  shall  meet all of the
    46  following qualifications:
    47    a. Be a citizen of the United States and a resident of  the  state  of
    48  New York.
    49    b.  Be  at  least  twenty-one years of age and no more than sixty-five
    50  years of age.  Continuance as a volunteer peace officer depends on  such

    51  person's  ability  to  fulfill  assigned duties as determined by munici-
    52  palities approved by a physician in conjunction with the  provisions  of
    53  this subdivision.
    54    c.  Pass  a  general physical as prescribed by the hiring municipality
    55  and given by an authorized doctor who is familiar with  the  demands  of
    56  active  police work. Such physical shall include eyesight correctable to

        S. 1113                            28
 
     1  a minimum standard as prescribed by the  division  of  criminal  justice
     2  services.
     3    d.    Pass  any  other  qualifying tests necessary for their duties as
     4  prescribed by hiring municipality by persons qualified in their  respec-

     5  tive  areas  such as but not limited to eyesight, agility and psycholog-
     6  ical exams.
     7    e. Pass ongoing physical and other tests as deemed  necessary  by  the
     8  hiring municipality to qualify for ongoing employment.
     9    f. Have a valid driver's license free from major moving violations.
    10    g. Have both a verbal and written proficiency in the English language.
    11    4.  In  addition  to  the  requirements  of  subdivision three of this
    12  section, the local municipality shall provide  an  interview  procedure,
    13  including  the  fingerprinting of the individual. The fingerprints shall
    14  be used as a check on any prior criminal history which would  disqualify
    15  the applicant from peace officer status.

    16    5.  The  municipality  may  petition  the division of criminal justice
    17  services for specific limited duty waivers as to  age,  physical  condi-
    18  tion, driving ability, or fluency in English.
    19    6. Applicant must pass a training course prescribed by the division of
    20  criminal  justice  services. The municipality shall establish a standard
    21  operating procedure, which shall be filed with the division,  and  which
    22  shall  set  forth  the duties anticipated which may include unarmed self
    23  defense, use of impact and chemical weapons; traffic control and driving
    24  skills.  If the officer is required to carry a firearm,  training  shall
    25  be given as prescribed by the division, and an appropriate license shall

    26  be obtained as provided in section 400.00 of the penal law.
    27    7.  Upon  successful completion of all required classes and tests, the
    28  applicant will be registered with the  division  as  a  volunteer  peace
    29  officer and will have the legal status of a peace officer while perform-
    30  ing  authorized activities within the duties assigned by the local muni-
    31  cipality.
    32    § 4. Effect of unconstitutionality in part. If any  clause,  sentence,
    33  paragraph, subdivision, section or part of the volunteer peace officers'
    34  benefit  law,  as  established  by  section  one  of  this act, shall be
    35  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    36  judgement  shall not affect, impair or invalidate the remainder thereof,
    37  but shall be confined in its operation to the  clause,  sentence,  para-

    38  graph,  subdivision,  section  or  part thereof directly involved in the
    39  controversy in which such judgement shall have been rendered.
    40    § 5. This act shall take effect on the first of April next  succeeding
    41  the date on which it shall have become a law.
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