A05928 Summary:

BILL NOA05928A
 
SAME ASSAME AS S03938-A
 
SPONSORMorelle (MS)
 
COSPNSROrtiz, Zebrowski, Galef, Sweeney, Kolb
 
MLTSPNSRClark, Colton, Gunther, Lifton, Lupardo, Markey, Millman, Ramos, Schimminger, Weisenberg, Wright
 
Amd SS8 & 51, Vol Ffs Ben L
 
Relates to permanent total disability benefits received by disabled volunteer firefighters; provides for a cost-of-living adjustment to such benefits.
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A05928 Actions:

BILL NOA05928A
 
03/08/2013referred to local governments
01/08/2014referred to local governments
04/07/2014amend and recommit to local governments
04/07/2014print number 5928a
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A05928 Floor Votes:

There are no votes for this bill in this legislative session.
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A05928 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5928--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 8, 2013
                                       ___________
 
        Introduced  by  M. of A. MORELLE, ORTIZ, ZEBROWSKI, GALEF, SWEENEY, KOLB
          -- Multi-Sponsored by -- M. of  A.  CLARK,  COLTON,  GUNTHER,  LIFTON,
          LUPARDO,  MARKEY,  MILLMAN,  RAMOS, SCHIMMINGER, WEISENBERG, WRIGHT --
          read once and referred to the Committee on Local Governments -- recom-
          mitted to the Committee on Local Governments in accordance with Assem-

          bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT to amend the volunteer firefighters' benefit law, in relation to
          the payment of benefits
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.   Section 8 of the volunteer firefighters' benefit law, as
     2  amended by chapter 574 of the laws  of  1998,  is  amended  to  read  as
     3  follows:
     4    §  8.  Permanent  total  disability  benefits. 1. In the case of total
     5  disability adjudged to be permanent the volunteer firefighter  shall  be
     6  paid  four  hundred dollars for each week [during the continuance there-
     7  of].  Permanent total disability, within the meaning  of  this  section,

     8  shall  exist  only  if the earning capacity of the volunteer firefighter
     9  has been lost permanently and totally as the result of the  injury.  The
    10  loss  of  both  hands, or both arms, or both feet, or both legs, or both
    11  eyes, or any two thereof, shall, in the absence of conclusive  proof  to
    12  the  contrary,  constitute  permanent total disability, but in all other
    13  cases permanent total disability shall be determined in accordance  with
    14  the  facts.  Notwithstanding  any  other  provisions of this chapter, an
    15  injured volunteer firefighter disabled due to the loss or total loss  of
    16  use  of  both  eyes,  or both hands, or both arms, or both feet, or both
    17  legs, or any two thereof shall not suffer any diminution of such  weekly
    18  benefit by engaging in business or employment provided his or her weekly
    19  earnings  or  wages,  when combined with his or her weekly benefit shall

    20  not be in excess of six hundred dollars; and further provided  that  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07006-03-4

        A. 5928--A                          2
 
     1  application  of  this  section shall not result in reduction of benefits
     2  which an injured volunteer firefighter who is disabled due to  the  loss
     3  or  total loss of use of both eyes, or both hands, or both arms, or both
     4  feet,  or  both  legs, or any two thereof would otherwise be entitled to
     5  under any other provisions of this article.
     6    2. Benefits received pursuant to subdivision one of this section after
     7  January first, two thousand fifteen shall be adjusted yearly on February

     8  first by a percentage equal to the  percent  increase  in  the  previous
     9  year's consumer price index.
    10    §  2. Subdivision 5 of section 51 of the volunteer firefighters' bene-
    11  fit law, as renumbered by chapter 246 of the laws of 2006, is renumbered
    12  subdivision 6 and a new subdivision 5 is added to read as follows:
    13    5. The insurance carrier or entity responsible for paying the  benefit
    14  increase  provided in section eight of this chapter shall claim for such
    15  benefit increase reimbursement from the special fund for reopened  cases
    16  commencing one year from the date of the first such payment and annually
    17  thereafter  while  such  payments  continue, on a form prescribed by the
    18  chair.
    19    § 3. This act shall take effect immediately and shall apply to  weekly

    20  benefit periods that commence after January 1, 2015.
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