STATE OF NEW YORK
________________________________________________________________________
6596
2009-2010 Regular Sessions
IN ASSEMBLY
March 6, 2009
___________
Introduced by M. of A. BURLING, ERRIGO, KOLB, SCOZZAFAVA, BALL, GIGLIO,
HAWLEY, McKEVITT, OAKS, MOLINARO, SALADINO, SAYWARD, FINCH, TOWNSEND,
WALKER, RAIA -- Multi-Sponsored by -- M. of A. BACALLES, BARCLAY,
CALHOUN, CROUCH, MAYERSOHN, O'MARA, QUINN, REILICH, WEISENBERG -- read
once and referred to the Committee on Local Governments
AN ACT to amend the volunteer firefighters' benefit law, in relation to
increasing the funeral benefit and lump sum death benefit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 7 of the volunteer firefighters'
2 benefit law, as amended by chapter 212 of the laws of 2005, is amended
3 to read as follows:
4 1. The reasonable funeral expenses of the deceased volunteer fire-
5 fighter shall be paid in an amount not exceeding [six] seven thousand
6 [seven] five hundred dollars; provided however, that such [six] seven
7 thousand five hundred dollar maximum shall not apply where a volunteer
8 firefighter dies from injuries received in the line of duty as a direct
9 result of firefighting. If such funeral expenses shall have been paid by
10 a person entitled to benefits under this section or by others, the
11 funeral expenses awarded shall be made payable to such beneficiary or
12 others; otherwise they shall be payable to the undertaker who provided
13 the burial. Funeral expenses shall be awarded in all death cases.
14 § 2. Subdivision 2 of section 7 of the volunteer firefighters' benefit
15 law, as amended by chapter 212 of the laws of 2005, is amended to read
16 as follows:
17 2. If there be a surviving spouse, to such spouse the lump sum of
18 [fifty-six] one hundred thousand dollars, but if there be no surviving
19 spouse, then to the executor or administrator of the estate of the
20 volunteer [fireman] firefighter, the lump sum of [fifty-six] one hundred
21 thousand dollars. Such sum shall be in addition to any other benefits
22 provided in this chapter and shall not be diminished by benefits paid to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06280-01-9
A. 6596 2
1 the volunteer [fireman] firefighter during his or her lifetime. In
2 addition, for each surviving child under the age of eighteen at the time
3 of the firefighter's death, the surviving spouse shall receive an addi-
4 tional lump sum of twenty-five thousand dollars. If there is no surviv-
5 ing spouse, to the executor or administrator of the estate of the lump
6 sum of twenty-five thousand dollars for each surviving child under the
7 age of eighteen at the time of death of the firefighter. Any money paid
8 to an executor or administrator pursuant to the provisions of this
9 subdivision shall be distributed in the manner provided by the laws of
10 this state for the distribution of the personal property of an intestate
11 decedent. Provided, however, that nothing [herein] in this section shall
12 be construed as affording a greater benefit for those volunteer [fire-
13 men] firefighters injured prior to the effective date of this [act]
14 section, however the spouse or estate of such [fireman] firefighter
15 shall continue to be eligible for a benefit in the sum of eleven thou-
16 sand eighty-four dollars.
17 § 3. This act shall take effect immediately.
