STATE OF NEW YORK
________________________________________________________________________
6248
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
___________
Introduced by Sen. COMRIE -- 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 providing
for cost-of-living adjustments to death benefits and increasing
certain wage percentages for calculation of benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 16 of the workers' compensation law, as amended by
2 chapter 550 of the laws of 1978, subdivision 1 as amended by chapter 245
3 of the laws of 2005, subdivisions 1-a, 1-b, 1-c, 2, 3, 3-a and 4 as
4 amended by chapter 168 of the laws of 1979, subdivisions 1-d, 2-b, 3-b,
5 4-c and 4-d as added and subdivision 5 as amended by chapter 689 of the
6 laws of 2007, subdivision 2-a as amended by chapter 174 of the laws of
7 1981, subdivision 4-a as amended by chapter 509 of the laws of 1985 and
8 subdivision 4-b as added by chapter 296 of the laws of 1990, is amended
9 to read as follows:
10 § 16. Death benefits. If the injury causes death, the compensation
11 shall be known as a death benefit and shall be payable in the amount and
12 to or for the benefit of the persons following:
13 1. Funeral expenses. The chair shall prepare and establish a schedule
14 for the state or schedules limited to defined localities of maximum
15 charges and fees for such funeral expenses, to be determined in accord-
16 ance with, and to be subject to change pursuant to[,] rules promulgated
17 by the chair. Before preparing such schedule for the state or schedules
18 for limited localities, the chair shall request the president of the New
19 York state funeral directors' association to submit to the chair a
20 report on the amount of remuneration deemed by such association to be
21 fair and adequate for the types of funeral services rendered under this
22 chapter, but consideration shall also be given to the views of other
23 interested parties. The amounts payable by the employer for such
24 services shall be the actual fees and charges up to the maximum estab-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09336-01-7
S. 6248 2
1 lished by such schedule. Provided, however, no such schedule of charges
2 and fees shall apply where a firefighter dies from injuries received in
3 the line of duty as a direct result of firefighting or where a police
4 officer dies from injuries received in the line of duty as a direct
5 result of law enforcement activities, where such funeral expenses are
6 reasonable. If such funeral expenses shall have been paid by the claim-
7 ants entitled to compensation under this section or by others, the
8 funeral expenses awarded shall be made payable to such claimants or
9 others, otherwise they shall be made payable to the undertaker who shall
10 have provided burial. Funeral expenses shall be awarded in case of all
11 injuries causing death including cases in which there are no persons
12 entitled to other compensation under this chapter.
13 1-a. For the purpose of this section, (1) the term "dependent blind or
14 physically disabled" as used herein in relation to dependent children
15 shall be deemed to mean totally blind or physically disabled children
16 whose disablement is total and permanent, (2) the term "surviving
17 spouse" shall be deemed to mean the legal spouse but shall not include a
18 spouse who has abandoned the deceased, and (3) the term "abandoned"
19 shall be deemed to mean such an abandonment as would be sufficient under
20 section two hundred of the domestic relations law to sustain a judgment
21 of separation on that ground provided that a spouse who reconciled with
22 the deceased prior to the date of the death shall not be considered to
23 have abandoned the deceased.
24 1-b. If there be a surviving spouse and no child of the deceased under
25 the age of eighteen years and no child of any age dependent blind or
26 physically disabled, and the death occurs on or after July first, nine-
27 teen hundred forty-eight, and prior to January first, nineteen hundred
28 seventy-eight, to such spouse forty per centum of the average wages of
29 the deceased, together with applicable cost-of-living adjustments,
30 during widowhood or widowerhood with two years' compensation in one sum,
31 upon remarriage; and where the death occurred prior to July first, nine-
32 teen hundred forty-eight, to such wife (or dependent husband) thirty per
33 centum of such wages, together with applicable cost-of-living adjust-
34 ments, during widowhood (or dependent widowerhood) with two years'
35 compensation in one sum, upon remarriage.
36 1-c. If there be a surviving spouse and no child of the deceased under
37 the age of eighteen years or under the age of twenty-three years if
38 enrolled and attending as a full time student in an accredited educa-
39 tional institution and such enrollment and full time attendance is
40 certified by such institution and no child of any age dependent blind or
41 physically disabled, and the death occurs on or after January first,
42 nineteen hundred seventy-eight, to such spouse [sixty-six and two-
43 thirds] seventy-five per centum of the average wages of the deceased,
44 together with applicable cost-of-living adjustments, during widowhood or
45 widowerhood with two years' compensation, in one sum, upon remarriage.
46 Where the death occurs on or after January first, nineteen hundred
47 seventy-eight, and the spouse is receiving the survivors insurance bene-
48 fits under the social security act, the death benefit payable under this
49 section shall be reduced in accordance with the provisions of table No.
50 1 below by five per centum of the spouse's share of the survivor's
51 insurance benefits under the social security act for each ten dollars of
52 deceased's average weekly wage in excess of one hundred dollars provided
53 that in no case shall such reduction exceed fifty per centum of said
54 spouse's share of the survivors insurance benefits under the social
55 security act. Cost-of-living adjustments shall not be included in the
S. 6248 3
1 calculation of the deceased's average weekly wage for purposes of calcu-
2 lation of the offset reduction.
3 TABLE No. I
4 Offset provisions applicable in death benefits
5 where there is a sole surviving spouse
6 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
7 SHARE OF SURVIVORS
8 INSURANCE BENEFITS
9 over $100 up to and including $110 ................................... 5
10 over $110 up to and including $120 .................................. 10
11 over $120 up to and including $130 .................................. 15
12 over $130 up to and including $140 .................................. 20
13 over $140 up to and including $150 .................................. 25
14 over $150 up to and including $160 .................................. 30
15 over $160 up to and including $170 .................................. 35
16 over $170 up to and including $180 .................................. 40
17 over $180 up to and including $190 .................................. 45
18 over $190 up to and including $200 .................................. 50
19 over $200 ........................................................... 50
20 1-d. If there be a surviving spouse of an employee of a private volun-
21 tary hospital killed in a World Trade Center rescue, who passed a phys-
22 ical examination upon employment as a rescue worker that failed to
23 reveal evidence of a condition that was the proximate cause of death,
24 and no child of the deceased under the age of eighteen years, or under
25 the age of twenty-three years if enrolled and attending as a full-time
26 student in an accredited educational institution and such enrollment and
27 full-time attendance is certified by such institution, and no child of
28 any age dependent blind or physically disabled, to such spouse seventy-
29 five per centum of the average wages of the deceased, together with
30 applicable cost-of-living adjustments, during widowhood or widowerhood,
31 with two years' compensation, in one sum, upon remarriage. Where such
32 death occurs, and the spouse is receiving the survivors insurance bene-
33 fits under the social security act, the death benefit payable under this
34 section shall be reduced in accordance with the provisions of table No.
35 I in subdivision one-c of this section by five per centum of the
36 spouse's share of the survivor's insurance benefits under the social
37 security act for each ten dollars of deceased's average weekly wage in
38 excess of one hundred dollars; provided that in no case shall such
39 reduction exceed fifty per centum of such spouse's share of the survi-
40 vors insurance benefits under the social security act. Cost-of-living
41 adjustments shall not be included in the calculation of the deceased's
42 average weekly wage for purposes of calculation of the offset reduction.
43 2. If there be a surviving spouse and a surviving child or children of
44 the deceased under the age of eighteen years or a surviving child or
45 children of any age dependent blind or physically disabled, and the
46 death occurs on or after July first, nineteen hundred forty-eight, and
47 prior to January first, nineteen hundred seventy-eight, to such spouse
48 [thirty] forty per centum of the average wages of the deceased, together
49 with applicable cost-of-living adjustments, during widowhood or widower-
50 hood with two years' compensation in one sum, upon remarriage; and the
51 additional amount of [twenty] thirty-five per centum of such wages,
52 together with applicable cost-of-living adjustments, for each such child
53 until the age of eighteen years or until the removal of the dependency
S. 6248 4
1 of the blind or physically disabled child or children; in case of the
2 subsequent death or remarriage of such surviving spouse any surviving
3 child of the deceased employee, at the time under eighteen years of age
4 or dependent through mental or physical infirmity, shall have his
5 compensation increased to [thirty] thirty-five per centum of such wages,
6 together with applicable cost-of-living adjustments, and the same shall
7 be payable until he shall reach the age of eighteen years or until such
8 dependent blind or physically disabled condition shall have been
9 removed; provided that the total amount payable shall in no case exceed
10 [sixty-six and two-thirds] seventy-five per centum of such wages. Cost-
11 of-living adjustments shall not be included in the calculation of the
12 deceased's average weekly wage for purposes of calculation of the maxi-
13 mum amount payable. Upon statutory termination of compensation payments
14 to all such children, the compensation of the surviving spouse shall be
15 increased to [forty] seventy-five per centum of such wages, together
16 with applicable cost-of-living adjustments, with two years' compen-
17 sation, at such rate, in one sum, upon remarriage.
18 If there be a surviving wife (or dependent husband) and any of the
19 aforementioned surviving children, and the death occurred prior to July
20 first, nineteen hundred forty-eight, to such wife (or dependent husband)
21 [thirty] forty per centum of the average wages of the deceased, together
22 with applicable cost-of-living adjustments, during widowhood (or depend-
23 ent widowerhood) with two years' compensation in one sum, upon remar-
24 riage; and the additional amount of ten per centum of such wages,
25 together with applicable cost-of-living adjustments, for each such child
26 until eighteen years of age or until the removal of the dependency of
27 the blind or physically disabled child or children; in case of the
28 subsequent death or remarriage of such surviving wife (or dependent
29 husband) any surviving child of the deceased shall have his compensation
30 increased to fifteen per centum of such wages, together with applicable
31 cost-of-living adjustments, until he shall reach the age of eighteen
32 years or until such dependent blind or physically disabled condition
33 shall have been removed; provided that the total amount payable shall in
34 no case exceed [sixty-six and two-thirds] seventy-five per centum of
35 such wages. Cost-of-living adjustments shall not be included in the
36 calculation of the deceased's average weekly wage for purposes of calcu-
37 lation of the maximum amount payable.
38 The board may in its discretion require the appointment of a guardian
39 for the purpose of receiving the compensation of a minor child or a
40 dependent blind or physically disabled child. In the absence of such a
41 requirement by the board the appointment of a guardian for such purposes
42 shall not be necessary.
43 2-a. If there be a surviving spouse and a surviving child under the
44 age of eighteen years or under the age of twenty-three years if enrolled
45 and attending as a full time student in an accredited educational insti-
46 tution and such enrollment and full time attendance is certified by such
47 institution or a surviving child of any age dependent blind or phys-
48 ically disabled and the death occurs on or after January first, nineteen
49 hundred seventy-eight, to such spouse [thirty-six and two-thirds] forty
50 per centum of the average wages of the deceased, together with applica-
51 ble cost-of-living adjustments, during widowhood or widowerhood with two
52 years' compensation in one sum, upon remarriage; and [thirty] thirty-
53 five per centum of such wages, together with applicable cost-of-living
54 adjustments, to such child under the age of eighteen years or under the
55 age of twenty-three years if enrolled and attending as a full time
56 student in an accredited educational institution and such enrollment and
S. 6248 5
1 full time attendance is certified by such institution or a surviving
2 child of any age dependent blind or physically disabled; in the case of
3 the subsequent death of such surviving spouse the surviving child shall
4 have his compensation increased to [sixty-six and two-thirds] seventy-
5 five per centum of such wages, together with applicable cost-of-living
6 adjustments, and the same shall be payable so long as he is under the
7 age of eighteen years or under the age of twenty-three years if enrolled
8 and attending as a full time student in an accredited educational insti-
9 tution and such enrollment and full time attendance is certified by such
10 institution or a surviving child of any age dependent blind or phys-
11 ically disabled; upon statutory termination of compensation payable to
12 such child, the compensation of the surviving spouse shall be increased
13 to [sixty-six and two-thirds] seventy-five per centum of such wages,
14 together with applicable cost-of-living adjustments, with two years'
15 compensation, at such rate, in one sum, upon remarriage. Upon remarriage
16 of such surviving spouse, the surviving child shall continue to receive
17 [thirty] thirty-five per centum of such wages, together with applicable
18 cost-of-living adjustments. Where the death occurs on or after January
19 first, nineteen hundred seventy-eight and the spouse is receiving survi-
20 vors insurance benefits under the social security act, the death benefit
21 payable under this section shall be reduced by five per centum of the
22 spouse's share of the survivors insurance benefits under the social
23 security act for each ten dollars of deceased's average weekly wage in
24 excess of one hundred dollars provided that in no case shall such
25 reduction exceed fifty per centum of said spouse's share of the survi-
26 vors insurance benefits under the social security act as set forth in
27 table No. I below. Cost-of-living adjustments shall not be included in
28 the calculation of the deceased's average weekly wage for purposes of
29 calculation of the offset reduction.
30 TABLE No. I
31 Offset provisions applicable in death benefits
32 where there is a surviving spouse and one child
33 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
34 SHARE OF SURVIVORS
35 INSURANCE BENEFITS
36 over $100 up to and including $110 ................................... 5
37 over $110 up to and including $120 .................................. 10
38 over $120 up to and including $130 .................................. 15
39 over $130 up to and including $140 .................................. 20
40 over $140 up to and including $150 .................................. 25
41 over $150 up to and including $160 .................................. 30
42 over $160 up to and including $170 .................................. 35
43 over $170 up to and including $180 .................................. 40
44 over $180 up to and including $190 .................................. 45
45 over $190 up to and including $200 .................................. 50
46 over $200 ........................................................... 50
47 If there be a surviving spouse and two or more surviving children
48 under the age of eighteen years or under the age of twenty-three years
49 if enrolled and attending as a full time student in an accredited educa-
50 tional institution and such enrollment and full time attendance is
51 certified by such institution or a surviving child or children of any
52 age dependent blind or physically disabled and a death occurs on or
53 after January first, nineteen hundred seventy-eight, to such spouse
S. 6248 6
1 [thirty-six and two-thirds] forty per centum of the average wage of the
2 deceased, together with applicable cost-of-living adjustments, during
3 widowhood or widowerhood with two years' compensation in one sum upon
4 remarriage; and [thirty] thirty-five per centum of such wages, together
5 with applicable cost-of-living adjustments, to such children under the
6 age of eighteen years or under the age of twenty-three years if enrolled
7 and attending as a full time student in an accredited educational insti-
8 tution and such enrollment and full time attendance is certified by such
9 institution or a surviving child or children of any age dependent blind
10 or physically disabled, share and share alike; in case of the subsequent
11 death of such surviving spouse the surviving children shall have their
12 compensation increased to [sixty-six and two-thirds] seventy-five per
13 centum of such wages, together with applicable cost-of-living adjust-
14 ments, and the aggregate sum shall be payable, share and share alike, so
15 long as they are under the age of eighteen years or under the age of
16 twenty-three years if enrolled and attending as a full time student in
17 an accredited educational institution and such enrollment and full time
18 attendance is certified by such institution or a surviving child or
19 children of any age dependent blind or physically disabled. Upon remar-
20 riage of such surviving spouse, if there be two surviving children each
21 shall receive [twenty-five] thirty-seven and one-half per centum of such
22 wages, together with applicable cost-of-living adjustments, and if there
23 are surviving more than two children under the age of eighteen years or
24 under the age of twenty-three if enrolled and attending as a full time
25 student in an accredited educational institution and such enrollment and
26 full time attendance is certified by such institution or a surviving
27 child or children of any age dependent blind or physically disabled
28 [sixty-six and two-thirds] seventy-five per centum of such wages,
29 together with applicable cost-of-living adjustments, share and share
30 alike. Upon statutory termination of compensation payable to such chil-
31 dren, the compensation of the surviving spouse shall be increased to
32 [sixty-six and two-thirds] seventy-five per centum of such wages,
33 together with applicable cost-of-living adjustments, with two years'
34 compensation, at such rate, in one sum, upon remarriage. Where the death
35 occurs on or after January first, nineteen hundred seventy-eight, and
36 the spouse is receiving survivors insurance benefits under the social
37 security act, the death benefits payable under this section shall be
38 reduced by five per centum of the spouse's share of the survivors insur-
39 ance benefits under the social security act for each ten dollars of
40 deceased's average weekly wage in excess of one hundred fifty dollars
41 provided that in no case shall such reduction exceed fifty per centum of
42 said spouse's share of the survivors insurance benefits under the social
43 security act as set forth in table No. II below. Cost-of-living adjust-
44 ments shall not be included in the calculation of the deceased's average
45 weekly wage for purposes of calculation of the offset reduction.
46 TABLE No. II
47 Offset provisions applicable in death benefits
48 where there is a surviving spouse and two or more children
49 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
50 SHARE OF SURVIVORS
51 INSURANCE BENEFITS
52 over $150 up to and including $160 ................................... 5
53 over $160 up to and including $170 .................................. 10
S. 6248 7
1 over $170 up to and including $180 .................................. 15
2 over $180 up to and including $190 .................................. 20
3 over $190 up to and including $200 .................................. 25
4 over $200 up to and including $210 .................................. 30
5 over $210 up to and including $220 .................................. 35
6 over $220 up to and including $230 .................................. 40
7 over $230 up to and including $240 .................................. 45
8 over $240 up to and including $250 .................................. 50
9 over $250 ........................................................... 50
10 2-b. If there be a surviving spouse of an employee of a private volun-
11 tary hospital killed in a World Trade Center rescue, who passed a phys-
12 ical examination upon employment as a rescue worker that failed to
13 reveal evidence of a condition that was the proximate cause of death,
14 and a surviving child under the age of eighteen years, or under the age
15 of twenty-three years if enrolled and attending as a full-time student
16 in an accredited educational institution and such enrollment and full-
17 time attendance is certified by such institution, or a surviving child
18 of any age dependent blind or physically disabled, to such spouse forty
19 per centum of the average wages, together with applicable cost-of-living
20 adjustments, of the deceased during widowhood or widowerhood, with two
21 years' compensation in one sum, upon remarriage; and thirty-five per
22 centum of such wages, together with applicable cost-of-living adjust-
23 ments, to such child under the age of eighteen years, or under the age
24 of twenty-three years if enrolled and attending as a full-time student
25 in an accredited educational institution and such enrollment and full-
26 time attendance is certified by such institution, or a surviving child
27 of any age dependent blind or physically disabled; in the case of the
28 subsequent death of such surviving spouse the surviving child shall have
29 his or her compensation increased to seventy-five per centum of such
30 wages, together with applicable cost-of-living adjustments, and the same
31 shall be payable so long as he or she is under the age of eighteen
32 years, or under the age of twenty-three years if enrolled and attending
33 as a full-time student in an accredited educational institution and such
34 enrollment and full-time attendance is certified by such institution, or
35 a surviving child of any age dependent blind or physically disabled;
36 upon statutory termination of compensation payable to such child, the
37 compensation of the surviving spouse shall be increased to seventy-five
38 per centum of such wages, together with applicable cost-of-living
39 adjustments, with two years' compensation, at such rate, in one sum,
40 upon remarriage. Upon remarriage of such surviving spouse, the surviving
41 child shall continue to receive thirty-five per centum of such wages,
42 together with applicable cost-of-living adjustments. Where such death
43 occurs, and the spouse is receiving survivors insurance benefits under
44 the social security act, the death benefit payable under this section
45 shall be reduced by five per centum of the spouse's share of the survi-
46 vors insurance benefits under the social security act for each ten
47 dollars of deceased's average weekly wage in excess of one hundred
48 dollars; provided that in no case shall such reduction exceed fifty per
49 centum of such spouse's share of the survivors insurance benefits under
50 the social security act as set forth in table No. I in subdivision one-c
51 of this section. Cost-of-living adjustments shall not be included in
52 the calculation of the deceased's average weekly wage for purposes of
53 calculation of the offset reduction. If there be a surviving spouse of
54 an employee of a private voluntary hospital killed in a World Trade
55 Center rescue, who passed a physical examination upon employment as a
56 rescue worker that failed to reveal evidence of a condition that was the
S. 6248 8
1 proximate cause of death, and two or more surviving children under the
2 age of eighteen years, or under the age of twenty-three years if
3 enrolled and attending as a full-time student in an accredited educa-
4 tional institution and such enrollment and full-time attendance is
5 certified by such institution, or a surviving child or children of any
6 age dependent blind or physically disabled and a death occurs on or
7 after September eleventh, two thousand one, to such spouse forty per
8 centum of the average wage of the deceased, together with applicable
9 cost-of-living adjustments, during widowhood or widowerhood with two
10 years' compensation in one sum upon remarriage; and thirty-five per
11 centum of such wages, together with applicable cost-of-living adjust-
12 ments, to such children under the age of eighteen years, or under the
13 age of twenty-three years if enrolled and attending as a full-time
14 student in an accredited educational institution and such enrollment and
15 full-time attendance is certified by such institution, or a surviving
16 child or children of any age dependent blind or physically disabled,
17 share and share alike; in case of the subsequent death of such surviving
18 spouse the surviving children shall have their compensation increased to
19 seventy-five per centum of such wages, together with applicable cost-of-
20 living adjustments, and the aggregate sum shall be payable, share and
21 share alike, so long as they are under the age of eighteen years, or
22 under the age of twenty-three years if enrolled and attending as a full-
23 time student in an accredited educational institution and such enroll-
24 ment and full-time attendance is certified by such institution, or a
25 surviving child or children of any age dependent blind or physically
26 disabled. Upon remarriage of such surviving spouse, if there be two
27 surviving children each shall receive thirty-seven and one-half per
28 centum of such wages, together with applicable cost-of-living adjust-
29 ments, and if there are surviving more than two children under the age
30 of eighteen years, or under the age of twenty-three if enrolled and
31 attending as a full-time student in an accredited educational institu-
32 tion and such enrollment and full-time attendance is certified by such
33 institution, or a surviving child or children of any age dependant blind
34 or physically disabled, seventy-five per centum of such wages, together
35 with applicable cost-of-living adjustments, share and share alike. Upon
36 statutory termination of compensation payable to such children, the
37 compensation of the surviving spouse shall be increased to seventy-five
38 per centum of such wages, together with applicable cost-of-living
39 adjustments, with two years' compensation, at such rate, in one sum,
40 upon remarriage. Where the death occurs on or after September eleventh,
41 two thousand one, and the spouse is receiving survivors insurance bene-
42 fits under the social security act, the death benefits payable under
43 this section shall be reduced by five per centum of the spouse's share
44 of the survivors insurance benefits under the social security act for
45 each ten dollars of deceased's average weekly wage in excess of one
46 hundred fifty dollars; provided that in no case shall such reduction
47 exceed fifty per centum of said spouse's share of the survivors insur-
48 ance benefits under the social security act as set forth in table No. II
49 in subdivision two-a of this section. Cost-of-living adjustments shall
50 not be included in the calculation of the deceased's average weekly wage
51 for purposes of calculation of the offset reduction.
52 3. If there be a surviving child or children of the deceased under the
53 age of eighteen years or a dependent blind or physically disabled child
54 or children of any age, but no surviving spouse then where the death
55 occurs on or after July first, nineteen hundred forty-eight, and prior
56 to January first, nineteen hundred seventy-eight, for the support of
S. 6248 9
1 each such child until the age of eighteen years, or until the removal of
2 the dependency of such blind or physically disabled child or children,
3 thirty per centum of the wages of the deceased, together with applicable
4 cost-of-living adjustments, and where the death occurred prior to July
5 first, nineteen hundred forty-eight, for the support of each such child
6 until the age of eighteen years, or until the removal of the dependency
7 of such blind or physically disabled child or children, [fifteen] thir-
8 ty-five per centum of the wages, together with applicable cost-of-living
9 adjustments, of the deceased; provided that the aggregate shall in no
10 case exceed [sixty-six and two-thirds] seventy-five per centum of such
11 wages. Cost-of-living adjustments shall not be included in the calcu-
12 lation of the deceased's average weekly wage for purposes of calculation
13 of the maximum amount payable.
14 3-a. If there be a surviving child or children of the deceased under
15 the age of eighteen years or under the age of twenty-three years if
16 enrolled and attending as a full time student in an accredited educa-
17 tional institution and such enrollment and full time attendance is
18 certified by such institution or a dependent blind or physically disa-
19 bled child or children of any age, but no surviving spouse then where
20 the death occurs on or after January first, nineteen hundred seventy-
21 eight, for the support of such child or children until the age of eigh-
22 teen years, or under the age of twenty-three years if enrolled and
23 attending as a full time student in an accredited educational institu-
24 tion and such enrollment and full time attendance is certified by such
25 institution or until the removal of the dependency of such blind or
26 physically disabled child or children, [sixty-six and two-thirds] seven-
27 ty-five per centum of the wages of the deceased, together with applica-
28 ble cost-of-living adjustments. Where there are two or more children,
29 the compensation payable shall be divided among such children share and
30 share alike.
31 3-b. If there be a surviving child or children, of an employee of a
32 private voluntary hospital killed in a World Trade Center rescue, who
33 passed a physical examination upon employment as a rescue worker that
34 failed to reveal evidence of a condition that was the proximate cause of
35 death, under the age of eighteen years, or under the age of twenty-three
36 years if enrolled and attending as a full-time student in an accredited
37 educational institution and such enrollment and full-time attendance is
38 certified by such institution, or a dependent blind or physically disa-
39 bled child, or children of any age, but no surviving spouse then, where
40 such death occurs, for the support of each such child until the age of
41 eighteen years, or under the age of twenty-three years if enrolled and
42 attending as a full-time student in an accredited educational institu-
43 tion and such enrollment and full-time attendance is certified by such
44 institution or until the removal of the dependency of such blind or
45 physically disabled child or children, seventy-five per centum of the
46 wages of the deceased, together with applicable cost-of-living adjust-
47 ments. Where there are two or more children, the compensation payable
48 shall be divided among such children share and share alike.
49 4. If there be no surviving spouse or child under the age of eighteen
50 years, or dependent blind or physically disabled child of any age, or if
51 the amount payable to surviving spouse and to children under the age of
52 eighteen years or such dependent blind or physically disabled children
53 shall be less in the aggregate than [sixty-six and two-thirds] seventy-
54 five per centum of the average wages of the deceased exclusive of appli-
55 cable cost-of-living adjustments, then where the death occurs on or
56 after July first, nineteen hundred forty-eight, and prior to January
S. 6248 10
1 first, nineteen hundred seventy-eight, for the support of grandchildren
2 or brothers and sisters under the age of eighteen years, if dependent
3 upon the deceased at the time of the accident, twenty-five per centum of
4 such wages, together with applicable cost-of-living adjustments, for the
5 support of each such person until the age of eighteen years; and for the
6 support of each parent, or grandparent, of the deceased if dependent
7 upon him at the time of the accident, forty per centum of such wages
8 during such dependency; and where the death occurred prior to July
9 first, nineteen hundred forty-eight, to such dependent grandchildren or
10 brothers and sisters, fifteen per centum of such wages until eighteen
11 years of age, and to such dependent parent or grandparent, twenty-five
12 per centum of such wages, together with applicable cost-of-living
13 adjustments, during dependency. But in no case shall the aggregate
14 amount payable under this subdivision exceed the difference between
15 [sixty-six and two-thirds] seventy-five per centum of such wages, and
16 the amount payable as hereinbefore provided to surviving spouse or for
17 the support of surviving child or children. Cost-of-living adjustments
18 shall not be included in the calculation of the deceased's average week-
19 ly wage for purposes of calculation of the maximum amount payable.
20 4-a. If there be no surviving spouse or child under the age of eigh-
21 teen years or under the age of twenty-three years if enrolled and
22 attending as a full time student in an accredited educational institu-
23 tion and such enrollment and full time attendance is certified by such
24 institution or dependent blind or physically disabled child of any age,
25 then where the death occurs on or after January first, nineteen hundred
26 seventy-eight, for the support of grandchildren or brothers and sisters
27 if dependent upon the deceased at the time of the accident, under the
28 age of eighteen years, or under the age of twenty-three years if
29 enrolled and attending as a full time student in an accredited educa-
30 tional institution and such enrollment and full time attendance is
31 certified by such institution, or blind or physically disabled grand-
32 children or brothers and sisters of any age, twenty-five per centum of
33 such wages, together with applicable cost-of-living adjustments, for the
34 support of each such person until the age of eighteen years; or until
35 the age of twenty-three years if enrolled and attending as a full time
36 student in an accredited educational institution or until the removal of
37 the dependency of such blind or physically disabled grandchildren or
38 brothers and sisters, and such enrollment and full time attendance is
39 certified by such institution and for the support of each parent, or
40 grandparent, of the deceased if dependent upon him or her at the time of
41 the accident, forty per centum of such wages, together with applicable
42 cost-of-living adjustments, during such dependency. But in no case shall
43 the aggregate amount payable under this subdivision exceed [sixty-six
44 and two-thirds] seventy-five per centum of such wages. Cost-of-living
45 adjustments shall not be included in the calculation of the deceased's
46 average weekly wage for purposes of calculation of the maximum amount
47 payable.
48 4-b. If there be no surviving spouse or child under the age of eigh-
49 teen years or under the age of twenty-three years if enrolled and
50 attending as a full time student in an accredited educational institu-
51 tion and such enrollment and full time attendance is certified by such
52 institution or dependent blind or physically disabled child of any age
53 or grandchildren or brothers and sisters if dependent upon the deceased
54 at the time of the accident, under the age of eighteen years, or under
55 the age of twenty-three years if enrolled and attending as a full time
56 student in an accredited educational institution and such enrollment and
S. 6248 11
1 full time attendance is certified by such institution or disabled blind
2 or physically disabled grandchildren or brothers and sisters of any age,
3 then a sum of fifty thousand dollars shall be paid to the deceased's
4 surviving parents or if there be no surviving parents to the deceased's
5 estate.
6 4-c. If there be no surviving spouse or child, or children of an
7 employee of a private voluntary hospital killed in a World Trade Center
8 rescue, who passed a physical examination upon employment as a rescue
9 worker that failed to reveal evidence of a condition that was the proxi-
10 mate cause of death, under the age of eighteen years, or under the age
11 of twenty-three years if enrolled and attending as a full-time student
12 in an accredited educational institution and such enrollment and full-
13 time attendance is certified by such institution, or dependent blind or
14 physically disabled child of any age, then where the death occurs on or
15 after September eleventh, two thousand one, for the support of grand-
16 children or brothers and sisters if dependent upon the deceased at the
17 time of the accident, under the age of eighteen years, or under the age
18 of twenty-three years if enrolled and attending as a full-time student
19 in an accredited educational institution and such enrollment and full-
20 time attendance is certified by such institution, or blind or physically
21 disabled grandchildren or brothers and sisters of any age, twenty-five
22 per centum of such wages, together with applicable cost-of-living
23 adjustments, for the support of each such person until the age of eigh-
24 teen years; or until the age of twenty-three years if enrolled and
25 attending as a full-time student in an accredited educational institu-
26 tion, or until the removal of the dependency of such blind or physically
27 disabled grandchildren or brothers and sisters, and such enrollment and
28 full-time attendance is certified by such institution and for the
29 support of each parent, or grandparent, of the deceased if dependent
30 upon him or her at the time of the accident, forty per centum of such
31 wages, together with applicable cost-of-living adjustments, during such
32 dependency. But in no case shall the aggregate amount payable under this
33 subdivision exceed seventy-five per centum of such wages. Cost-of-liv-
34 ing adjustments shall not be included in the calculation of the
35 deceased's average weekly wage for purposes of calculation of the maxi-
36 mum amount payable.
37 4-d. If there be no surviving spouse or child, or children of an
38 employee of a private voluntary hospital killed in a World Trade Center
39 rescue, who passed a physical examination upon employment as a rescue
40 worker that failed to reveal evidence of a condition that was the proxi-
41 mate cause of death, under the age of eighteen years, or under the age
42 of twenty-three years if enrolled and attending as a full-time student
43 in an accredited educational institution and such enrollment and full-
44 time attendance is certified by such institution, or dependent blind or
45 physically disabled child of any age, or grandchildren or brothers and
46 sisters if dependent upon the deceased at the time of the accident,
47 under the age of eighteen years, or under the age of twenty-three years
48 if enrolled and attending as a full-time student in an accredited educa-
49 tional institution and such enrollment and full-time attendance is
50 certified by such institution, or disabled blind or physically disabled
51 grandchildren or brothers and sisters of any age, then a sum of fifty
52 thousand dollars shall be paid to the deceased's surviving parents or if
53 there be no surviving parents to the deceased's estate.
54 5. Any excess of wages over: (1) seven hundred fifty dollars shall not
55 be taken into account in computing compensation under this section in
56 cases where the death occurs on or after July first, two thousand seven,
S. 6248 12
1 (2) eight hundred twenty-five dollars shall not be taken into account in
2 computing compensation under this section in cases where the death
3 occurs on or after July first, two thousand eight, (3) nine hundred
4 dollars shall not be taken into account in computing compensation under
5 this section in cases where the death occurs on or after July first, two
6 thousand nine, and (4) where the death occurs on or after July first,
7 two thousand ten, or when the death occurs on or after July first of
8 each succeeding year, an amount equal to the New York state average
9 weekly wage for the year in which it is reported shall not be taken into
10 account in computing compensation under this section. Any excess of
11 wages over five hundred ten dollars and five cents per week shall not be
12 taken into account in computing compensation under this section in cases
13 where the death occurs on or after July first, nineteen hundred ninety,
14 nor shall any excess of wages over five hundred twenty-five dollars per
15 week be taken into account in computing compensation pursuant to this
16 section in cases where death occurs on or after July first, nineteen
17 hundred ninety-one, nor shall any excess of wages over six hundred
18 dollars per week be taken into account in computing compensation pursu-
19 ant to this section in cases where death occurs on or after July first,
20 nineteen hundred ninety-two with the exception that wages earned over
21 six hundred dollars per week shall be taken into account in computing
22 compensation under this section in cases involving an employee of a
23 private voluntary hospital resulting from a World Trade Center rescue,
24 who passed a physical examination upon employment as a rescue worker
25 that failed to reveal evidence of a condition that was the proximate
26 cause of death; nor shall any excess of wages over three hundred eight-
27 y-two dollars and fifty cents per week be taken into account in comput-
28 ing compensation under this section in cases where the death occurs on
29 or after July first, nineteen hundred eighty-three, nor shall any excess
30 of wages over four hundred twelve dollars and fifty cents per week be
31 taken into account in computing compensation under this section in cases
32 where the death occurs on or after July first, nineteen hundred eighty-
33 four, nor shall any excess of wages over four hundred fifty dollars per
34 week be taken into account in computing compensation under this section
35 in cases where the death occurs on or after July first, nineteen hundred
36 eighty-five; nor shall any excess of wages over one hundred eighty-seven
37 dollars and fifty cents per week on or after January first, nineteen
38 hundred seventy-eight or over two hundred seventy dollars per week on or
39 after July first, nineteen hundred seventy-eight or over three hundred
40 twenty-two dollars and fifty cents per week on or after January first,
41 nineteen hundred seventy-nine, and prior to July first, nineteen hundred
42 eighty-three, be taken into account in computing compensation under this
43 section nor shall any excess of wages over six hundred and seventeen
44 dollars and fifty cents a month be taken into account in computing
45 compensation under this section in cases where the death occurred on or
46 after July first, nineteen hundred seventy-four, and prior to January
47 first, nineteen hundred seventy-eight, nor shall any excess of wages
48 over five hundred and twenty dollars a month be taken into account in
49 computing compensation in cases where death occurred on or after July
50 first, nineteen hundred seventy and prior to July first, nineteen
51 hundred seventy-four, nor shall any excess of wages over four hundred
52 and fifty-five dollars a month be taken into account in computing
53 compensation in cases where death occurred on or after July first, nine-
54 teen hundred sixty-eight and prior to July first, nineteen hundred
55 seventy, nor shall any excess of wages over three hundred and ninety
56 dollars a month be taken into account in computing compensation in cases
S. 6248 13
1 where death occurred on or after July first, nineteen hundred sixty-five
2 and prior to July first, nineteen hundred sixty-eight, nor shall any
3 excess of wages over three hundred and fifty-seven dollars and fifty
4 cents a month be taken into account in computing compensation in cases
5 where death occurred on or after July first, nineteen hundred sixty-two
6 and prior to July first, nineteen hundred sixty-five, nor shall any
7 excess of wages over three hundred and twenty-five dollars a month be
8 taken into account in computing compensation in cases where death
9 occurred on or after July first, nineteen hundred sixty and prior to
10 July first, nineteen hundred sixty-two, nor shall any excess of wages
11 over two hundred and ninety-two dollars and fifty cents a month be taken
12 into account in computing compensation where death occurred on or after
13 July first, nineteen hundred fifty-eight and prior to July first, nine-
14 teen hundred sixty, nor shall any excess of wages over two hundred and
15 sixty dollars a month be taken into account in computing compensation
16 where death occurred on or after July first, nineteen hundred fifty-four
17 and prior to July first, nineteen hundred fifty-eight, nor shall any
18 excess of wages over two hundred and twenty-seven dollars and fifty
19 cents a month be taken into account in computing compensation where
20 death occurred on or after July first, nineteen hundred forty-eight and
21 prior to July first, nineteen hundred fifty-four, nor shall any excess
22 of wages over one hundred and eighty-two dollars a month be taken into
23 account in computing compensation where the death occurred on or after
24 June first, nineteen hundred forty-six and prior to July first, nineteen
25 hundred forty-eight. When death occurred on or after July first, nine-
26 teen hundred forty-eight and prior to January first, nineteen hundred
27 seventy-eight, computing compensation to the widow or widower and chil-
28 dren of a deceased employee in no event shall wages be deemed to be less
29 than one hundred and thirty dollars a month. All questions of dependency
30 shall be determined as of the time of the accident. When death occurred
31 on or after January first, nineteen hundred seventy-eight, in no event
32 shall wages be deemed to be less than forty-five dollars a week in
33 computing compensation to the widow or widower and/or children of the
34 deceased employee.
35 6. If there be a person entitled to death benefits under the
36 provisions of this section, who shall be under the age of eighteen
37 years, and who shall be an inmate of any institution and a public charge
38 upon the department of social services of the city of New York, or any
39 other department or body, the benefits allowed hereunder with regard to
40 such person shall be payable to the said department of public welfare of
41 the city of New York or any other department or body to the extent of
42 the reasonable charges for the care and maintenance, during the contin-
43 uance as a public charge in said institution, of said beneficiary and
44 until the said person shall have attained the age of eighteen years. Any
45 sum or sums remaining after the said payment out of the benefits shall
46 be distributed as provided by the other subdivisions of this section.
47 7. In computing the offsets under subdivisions one-c and two-a of this
48 section any increase in survivors insurance benefits under social secu-
49 rity that occurs after the date of death shall not be considered, and
50 any such offset shall be equally applicable to the survivors insurance
51 benefits under the social security act which are received retroactively
52 but such offset shall not apply to increases of such benefits received
53 retroactively.
54 8. Cost-of-living adjustments of death benefits. a. Notwithstanding
55 any other provision of law, in addition to any other amount received
56 pursuant to this article as death benefits, a dependent of a deceased
S. 6248 14
1 employee entitled to benefits under this section shall be entitled to an
2 additional allowance, to be known as a cost-of-living adjustment allow-
3 ance, which shall be payable annually.
4 b. The cost-of-living adjustment allowance shall be computed annually
5 by the board on February first and shall be based on sixty-seven percent
6 of the increase in the consumer price index as for the preceding calen-
7 dar year as promulgated by the United States department of labor. If the
8 consumer price index for the preceding year is less than two percent, no
9 cost-of-living adjustment allowance shall be payable, provided that, if
10 no cost-of-living increase is payable in a given year because the
11 consumer price index for the preceding year was less than two percent,
12 the next succeeding annual calculation shall consider the change in the
13 consumer price index over the preceding two calendar years. No increase
14 shall exceed the sum of twenty dollars per week in any year. The cost-
15 of-living allowance thus computed shall be payable for the twelve-month
16 period beginning the following July first.
17 c. This subdivision shall not be deemed or construed to diminish the
18 right of any beneficiary to any benefits to which such beneficiary would
19 otherwise be entitled pursuant to law.
20 § 2. This act shall take effect January 1, 2018 and shall apply to all
21 claims for payment of death benefits pursuant to section 16 of the work-
22 ers' compensation law, regardless of the date of death.
