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.
Go to top

S01113 Actions:

BILL NO    S01113 

01/09/2013 REFERRED TO FINANCE
01/08/2014 REFERRED TO FINANCE
Go to top

S01113 Votes:

There are no votes for this bill in this legislative session.
Go to top

S01113 Memo:

Memo not available
Go to top

S01113 Text:

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

                                         1113

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (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                                                                      S
    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    S 1. Short title. This chapter shall be known and may be cited as  the
   17  "volunteer peace officers' benefit law".
   18    S 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    S 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    S 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    S 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    S 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    S 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    S  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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S  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    S 3. The general municipal law is amended  by  adding  a  new  section
   34  206-c to read as follows:
   35    S 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    S 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    S 5. This act shall take effect on the first of April next  succeeding
   41  the date on which it shall have become a law.
Go to top
Page display time = 0.2078 sec