S04090 Summary:

BILL NO    S04090 

SAME AS    SAME AS A06559

SPONSOR    SAVINO

COSPNSR    BONACIC

MLTSPNSR   

Amd S16, Work Comp L

Relates to the continuation of death benefits to a surviving spouse regardless
of remarriage.
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S04090 Actions:

BILL NO    S04090 

03/08/2013 REFERRED TO LABOR
06/03/2013 REPORTED AND COMMITTED TO FINANCE
06/20/2013 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/20/2013 ORDERED TO THIRD READING CAL.1570
06/20/2013 PASSED SENATE
06/20/2013 DELIVERED TO ASSEMBLY
06/21/2013 referred to ways and means
01/08/2014 died in assembly
01/08/2014 returned to senate
01/08/2014 REFERRED TO LABOR
04/28/2014 REPORTED AND COMMITTED TO FINANCE
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S04090 Text:

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

                                         4090

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                     March 8, 2013
                                      ___________

       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor

       AN ACT to amend the  workers'  compensation  law,  in  relation  to  the
         continuation  of  death  benefits  to a surviving spouse regardless of
         remarriage

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivisions 1-b, 1-c, 1-d, 2, 2-a and 2-b of section 16 of
    2  the workers' compensation law, subdivisions 1-b, 1-c and 2 as amended by
    3  chapter  168  of the laws of 1979, subdivision 2-a as amended by chapter
    4  174 of the laws of 1981 and subdivisions 1-d and 2-b as added by chapter
    5  689 of the laws of 2007, are amended to read as follows:
    6    1-b. If there be a surviving spouse and no child of the deceased under
    7  the age of eighteen years and no child of any  age  dependent  blind  or
    8  physically  disabled, and the death occurs on or after July first, nine-
    9  teen hundred forty-eight, and prior to January first,  nineteen  hundred
   10  seventy-eight,  to  such spouse forty per centum of the average wages of
   11  the deceased during widowhood or widowerhood [with  two  years'  compen-
   12  sation  in one sum, upon remarriage]; and where the death occurred prior
   13  to July first, nineteen hundred forty-eight, to such wife (or  dependent
   14  husband)  thirty per centum of such wages during widowhood (or dependent
   15  widowerhood) [with two years' compensation in one sum, upon remarriage].
   16    1-c. If there be a surviving spouse and no child of the deceased under
   17  the age of eighteen years or under the  age  of  twenty-three  years  if
   18  enrolled  and  attending  as a full time student in an accredited educa-
   19  tional institution and such  enrollment  and  full  time  attendance  is
   20  certified by such institution and no child of any age dependent blind or
   21  physically  disabled,  and  the  death occurs on or after January first,
   22  nineteen hundred seventy-eight, to such spouse sixty-six and  two-thirds
   23  per  centum  of  the  average  wages of the deceased during widowhood or
   24  widowerhood [with two years' compensation, in one sum, upon remarriage].

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05484-01-3
       S. 4090                             2

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

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

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

   17  over $100 up to and including $110 ................................... 5
   18  over $110 up to and including $120 .................................. 10
   19  over $120 up to and including $130 .................................. 15
   20  over $130 up to and including $140 .................................. 20
   21  over $140 up to and including $150 .................................. 25
   22  over $150 up to and including $160 .................................. 30
   23  over $160 up to and including $170 .................................. 35
   24  over $170 up to and including $180 .................................. 40
   25  over $180 up to and including $190 .................................. 45
   26  over $190 up to and including $200 .................................. 50
   27  over $200 ........................................................... 50
   28    1-d. If there be a surviving spouse of an employee of a private volun-
   29  tary  hospital killed in a World Trade Center rescue, who passed a phys-
   30  ical examination upon employment as  a  rescue  worker  that  failed  to
   31  reveal  evidence  of  a condition that was the proximate cause of death,
   32  and no child of the deceased under the age of eighteen years,  or  under
   33  the  age  of twenty-three years if enrolled and attending as a full-time
   34  student in an accredited educational institution and such enrollment and
   35  full-time attendance is certified by such institution, and no  child  of
   36  any  age dependent blind or physically disabled, to such spouse seventy-
   37  five per centum of the average wages of the deceased during widowhood or
   38  widowerhood[, with two years' compensation,  in  one  sum,  upon  remar-
   39  riage].  Where such death occurs, and the spouse is receiving the survi-
   40  vors insurance benefits under the social security act, the death benefit
   41  payable under this section shall  be  reduced  in  accordance  with  the
   42  provisions  of  table No. I in subdivision one-c of this section by five
   43  per centum of the spouse's share of the  survivor's  insurance  benefits
   44  under the social security act for each ten dollars of deceased's average
   45  weekly  wage  in excess of one hundred dollars; provided that in no case
   46  shall such reduction exceed fifty per centum of such spouse's  share  of
   47  the survivors insurance benefits under the social security act.
   48    2. If there be a surviving spouse and a surviving child or children of
   49  the  deceased  under  the  age of eighteen years or a surviving child or
   50  children of any age dependent blind  or  physically  disabled,  and  the
   51  death  occurs  on or after July first, nineteen hundred forty-eight, and
   52  prior to January first, nineteen hundred seventy-eight, to  such  spouse
   53  thirty  per centum of the average wages of the deceased during widowhood
       S. 4090                             3

    1  or widowerhood [with two years' compensation in  one  sum,  upon  remar-
    2  riage]; and the additional amount of twenty per centum of such wages for
    3  each  such child until the age of eighteen years or until the removal of
    4  the dependency of the blind or physically disabled child or children; in
    5  case  of  the  subsequent death [or remarriage] of such surviving spouse
    6  any surviving child of the deceased employee, at the time under eighteen
    7  years of age or dependent through mental or  physical  infirmity,  shall
    8  have  his compensation increased to thirty per centum of such wages, and
    9  the same shall be payable until he shall reach the age of eighteen years
   10  or until such dependent blind or  physically  disabled  condition  shall
   11  have  been  removed;  provided that the total amount payable shall in no
   12  case exceed sixty-six and two-thirds per  centum  of  such  wages.  Upon
   13  statutory termination of compensation payments to all such children, the
   14  compensation  of  the  surviving  spouse shall be increased to forty per
   15  centum of such wages [with two years' compensation, at such rate, in one
   16  sum, upon remarriage].
   17    If there be a surviving wife (or dependent husband)  and  any  of  the
   18  aforementioned  surviving children, and the death occurred prior to July
   19  first, nineteen hundred forty-eight, to such wife (or dependent husband)
   20  thirty per centum of the average wages of the deceased during  widowhood
   21  (or  dependent  widowerhood)  [with  two years' compensation in one sum,
   22  upon remarriage]; and the additional amount of ten per  centum  of  such
   23  wages  for  each  such  child  until  eighteen years of age or until the
   24  removal of the dependency of the blind or physically disabled  child  or
   25  children;  in  case  of  the  subsequent  death  [or remarriage] of such
   26  surviving wife  (or  dependent  husband)  any  surviving  child  of  the
   27  deceased  shall have his compensation increased to fifteen per centum of
   28  such wages until he shall reach the age of eighteen years or until  such
   29  dependent  blind  or  physically  disabled  condition  shall  have  been
   30  removed; provided that the total amount payable shall in no case  exceed
   31  sixty-six and two-thirds per centum of such wages.
   32    The  board may in its discretion require the appointment of a guardian
   33  for the purpose of receiving the compensation of  a  minor  child  or  a
   34  dependent  blind  or physically disabled child. In the absence of such a
   35  requirement by the board the appointment of a guardian for such purposes
   36  shall not be necessary.
   37    2-a. If there be a surviving spouse and a surviving  child  under  the
   38  age of eighteen years or under the age of twenty-three years if enrolled
   39  and attending as a full time student in an accredited educational insti-
   40  tution and such enrollment and full time attendance is certified by such
   41  institution  or  a  surviving  child of any age dependent blind or phys-
   42  ically disabled and the death occurs on or after January first, nineteen
   43  hundred seventy-eight, to such  spouse  thirty-six  and  two-thirds  per
   44  centum of the average wages of the deceased during widowhood or widower-
   45  hood  [with  two  years'  compensation in one sum, upon remarriage]; and
   46  thirty per centum of such wages to such child under the age of  eighteen
   47  years  or  under the age of twenty-three years if enrolled and attending
   48  as a full time student in an accredited educational institution and such
   49  enrollment and full time attendance is certified by such institution  or
   50  a  surviving child of any age dependent blind or physically disabled; in
   51  the case of the subsequent death of such surviving spouse the  surviving
   52  child  shall have his compensation increased to sixty-six and two-thirds
   53  per centum of such wages and the same shall be payable so long as he  is
   54  under  the  age of eighteen years or under the age of twenty-three years
   55  if enrolled and attending as a full time student in an accredited educa-
   56  tional institution and such  enrollment  and  full  time  attendance  is
       S. 4090                             4

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

   17                                 TABLE No. I

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

   20  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
   21                                                        SHARE OF SURVIVORS
   22                                                        INSURANCE BENEFITS
   23  over $100 up to and including $110 ................................... 5
   24  over $110 up to and including $120 .................................. 10
   25  over $120 up to and including $130 .................................. 15
   26  over $130 up to and including $140 .................................. 20
   27  over $140 up to and including $150 .................................. 25
   28  over $150 up to and including $160 .................................. 30
   29  over $160 up to and including $170 .................................. 35
   30  over $170 up to and including $180 .................................. 40
   31  over $180 up to and including $190 .................................. 45
   32  over $190 up to and including $200 .................................. 50
   33  over $200 ........................................................... 50
   34    If there be a surviving spouse and  two  or  more  surviving  children
   35  under  the  age of eighteen years or under the age of twenty-three years
   36  if enrolled and attending as a full time student in an accredited educa-
   37  tional institution and such  enrollment  and  full  time  attendance  is
   38  certified  by  such  institution or a surviving child or children of any
   39  age dependent blind or physically disabled and  a  death  occurs  on  or
   40  after  January  first,  nineteen  hundred  seventy-eight, to such spouse
   41  thirty-six and two-thirds per centum of the average wage of the deceased
   42  during widowhood or widowerhood [with two years' compensation in one sum
   43  upon remarriage]; and thirty per centum of such wages to  such  children
   44  under  the  age of eighteen years or under the age of twenty-three years
   45  if enrolled and attending as a full time student in an accredited educa-
   46  tional institution and such  enrollment  and  full  time  attendance  is
   47  certified  by  such  institution or a surviving child or children of any
   48  age dependent blind or physically disabled, share and  share  alike;  in
   49  case  of  the  subsequent  death  of such surviving spouse the surviving
   50  children shall have their compensation increased to sixty-six  and  two-
   51  thirds  per centum of such wages and the aggregate sum shall be payable,
   52  share and share alike, so long as they are under  the  age  of  eighteen
   53  years  or  under the age of twenty-three years if enrolled and attending
       S. 4090                             5

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

   25                                TABLE No. II

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

   28  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
   29                                                        SHARE OF SURVIVORS
   30                                                        INSURANCE BENEFITS
   31  over $150 up to and including $160 ................................... 5
   32  over $160 up to and including $170 .................................. 10
   33  over $170 up to and including $180 .................................. 15
   34  over $180 up to and including $190 .................................. 20
   35  over $190 up to and including $200 .................................. 25
   36  over $200 up to and including $210 .................................. 30
   37  over $210 up to and including $220 .................................. 35
   38  over $220 up to and including $230 .................................. 40
   39  over $230 up to and including $240 .................................. 45
   40  over $240 up to and including $250 .................................. 50
   41  over $250 ........................................................... 50
   42    2-b. If there be a surviving spouse of an employee of a private volun-
   43  tary  hospital killed in a World Trade Center rescue, who passed a phys-
   44  ical examination upon employment as  a  rescue  worker  that  failed  to
   45  reveal  evidence  of  a condition that was the proximate cause of death,
   46  and a surviving child under the age of eighteen years, or under the  age
   47  of  twenty-three  years if enrolled and attending as a full-time student
   48  in an accredited educational institution and such enrollment  and  full-
   49  time  attendance  is certified by such institution, or a surviving child
   50  of any age dependent blind or physically disabled, to such spouse  forty
   51  per  centum  of  the  average  wages of the deceased during widowhood or
   52  widowerhood[, with two years' compensation in one sum, upon remarriage];
   53  and thirty-five per centum of such wages to such child under the age  of
       S. 4090                             6

    1  eighteen  years,  or under the age of twenty-three years if enrolled and
    2  attending as a full-time student in an accredited  educational  institu-
    3  tion  and  such enrollment and full-time attendance is certified by such
    4  institution,  or  a  surviving child of any age dependent blind or phys-
    5  ically disabled; in the case of the subsequent death of  such  surviving
    6  spouse  the surviving child shall have his or her compensation increased
    7  to seventy-five per centum of such wages and the same shall  be  payable
    8  so  long  as  he or she is under the age of eighteen years, or under the
    9  age of twenty-three years if  enrolled  and  attending  as  a  full-time
   10  student in an accredited educational institution and such enrollment and
   11  full-time  attendance  is  certified by such institution, or a surviving
   12  child of any age dependent blind or physically disabled; upon  statutory
   13  termination  of  compensation payable to such child, the compensation of
   14  the surviving spouse shall be increased to seventy-five  per  centum  of
   15  such wages [with two years' compensation, at such rate, in one sum, upon
   16  remarriage.  Upon  remarriage  of  such  surviving spouse, the surviving
   17  child shall continue to receive thirty-five per centum of  such  wages].
   18  Where such death occurs, and the spouse is receiving survivors insurance
   19  benefits  under the social security act, the death benefit payable under
   20  this section shall be reduced by five per centum of the  spouse's  share
   21  of  the  survivors  insurance benefits under the social security act for
   22  each ten dollars of deceased's average weekly  wage  in  excess  of  one
   23  hundred  dollars;  provided  that in no case shall such reduction exceed
   24  fifty per centum of such spouse's share of the survivors insurance bene-
   25  fits under the social security act as set forth in table No. I in subdi-
   26  vision one-c of this section. If there  be  a  surviving  spouse  of  an
   27  employee  of a private voluntary hospital killed in a World Trade Center
   28  rescue, who passed a physical examination upon employment  as  a  rescue
   29  worker that failed to reveal evidence of a condition that was the proxi-
   30  mate cause of death, and two or more surviving children under the age of
   31  eighteen  years,  or under the age of twenty-three years if enrolled and
   32  attending as a full-time student in an accredited  educational  institu-
   33  tion  and  such enrollment and full-time attendance is certified by such
   34  institution, or a surviving child or children of any age dependent blind
   35  or physically disabled and a death occurs on or  after  September  elev-
   36  enth,  two  thousand one, to such spouse forty per centum of the average
   37  wage of the deceased during widowhood or widowerhood  [with  two  years'
   38  compensation  in one sum upon remarriage]; and thirty-five per centum of
   39  such wages to such children under the age of eighteen  years,  or  under
   40  the  age  of twenty-three years if enrolled and attending as a full-time
   41  student in an accredited educational institution and such enrollment and
   42  full-time attendance is certified by such institution,  or  a  surviving
   43  child  or  children  of  any age dependent blind or physically disabled,
   44  share and share alike; in case of the subsequent death of such surviving
   45  spouse the surviving children shall have their compensation increased to
   46  seventy-five per centum of such wages and the  aggregate  sum  shall  be
   47  payable,  share  and  share  alike, so long as they are under the age of
   48  eighteen years, or under the age of twenty-three years if  enrolled  and
   49  attending  as  a full-time student in an accredited educational institu-
   50  tion and such enrollment and full-time attendance is certified  by  such
   51  institution, or a surviving child or children of any age dependent blind
   52  or  physically  disabled.  [Upon remarriage of such surviving spouse, if
   53  there be two surviving children  each  shall  receive  thirty-seven  and
   54  one-half  per centum of such wages, and if there are surviving more than
   55  two children under the age of eighteen years, or under the age of  twen-
   56  ty-three  if enrolled and attending as a full-time student in an accred-
       S. 4090                             7

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