Removes the age eighteen or under the age of twenty-three years, if enrolled and attending as a full-time student in an accredited educational institution, cap for children receiving death benefits.
STATE OF NEW YORK
________________________________________________________________________
9521
IN SENATE
July 29, 2022
___________
Introduced by Sen. JACKSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the workers' compensation law, in relation to removing
the age cap for children receiving death benefits
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, 2-b, 3, 3-a, 3-b, 4,
2 4-a, 4-b, 4-c, 4-d and 6 of section 16 of the workers' compensation law,
3 subdivisions 1-b, 1-c, 2, 3, 3-a and 4 as amended by chapter 168 of the
4 laws of 1979, subdivisions 1-d, 2-b, 3-b, 4-c and 4-d as added by chap-
5 ter 689 of the laws of 2007, subdivision 2-a as amended by chapter 174
6 of the laws of 1981, subdivision 4-a as amended by chapter 509 of the
7 laws of 1985, subdivision 4-b as added by chapter 296 of the laws of
8 1990 and subdivision 6 as amended by chapter 322 of the laws of 2021,
9 are amended to read as follows:
10 1-b. If there be a surviving spouse and no child of the deceased
11 [under the age of eighteen years and no child of any age dependent blind
12 or physically disabled], and the death occurs on or after July first,
13 nineteen hundred forty-eight, and prior to January first, nineteen
14 hundred seventy-eight, to such spouse forty per centum of the average
15 wages of the deceased during widowhood or widowerhood with two years'
16 compensation in one sum, upon remarriage; and where the death occurred
17 prior to July first, nineteen hundred forty-eight, to such wife (or
18 dependent husband) thirty per centum of such wages during widowhood (or
19 dependent widowerhood) with two years' compensation in one sum, upon
20 remarriage.
21 1-c. If there be a surviving spouse and no child of the deceased
22 [under the age of eighteen years or under the age of twenty-three years
23 if enrolled and attending as a full time student in an accredited educa-
24 tional institution and such enrollment and full time attendance is
25 certified by such institution and no child of any age dependent blind or
26 physically disabled], and the death occurs on or after January first,
27 nineteen hundred seventy-eight, to such spouse sixty-six and two-thirds
28 per centum of the average wages of the deceased during widowhood or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16121-02-2
S. 9521 2
1 widowerhood with two years' compensation, in one sum, upon remarriage.
2 Where the death occurs on or after January first, nineteen hundred
3 seventy-eight, and the spouse is receiving the survivors insurance bene-
4 fits under the social security act, the death benefit payable under this
5 section shall be reduced in accordance with the provisions of table No.
6 [1] I below by five per centum of the spouse's share of the survivor's
7 insurance benefits under the social security act for each ten dollars of
8 deceased's average weekly wage in excess of one hundred dollars provided
9 that in no case shall such reduction exceed fifty per centum of said
10 spouse's share of the survivors insurance benefits under the social
11 security act.
12 TABLE No. I
13 Offset provisions applicable in death benefits
14 where there is a sole surviving spouse
15 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
16 SHARE OF SURVIVORS
17 INSURANCE BENEFITS
18 over $100 up to and including $110 ................................... 5
19 over $110 up to and including $120 .................................. 10
20 over $120 up to and including $130 .................................. 15
21 over $130 up to and including $140 .................................. 20
22 over $140 up to and including $150 .................................. 25
23 over $150 up to and including $160 .................................. 30
24 over $160 up to and including $170 .................................. 35
25 over $170 up to and including $180 .................................. 40
26 over $180 up to and including $190 .................................. 45
27 over $190 up to and including $200 .................................. 50
28 over $200 ........................................................... 50
29 1-d. If there be a surviving spouse of an employee of a private volun-
30 tary hospital killed in a World Trade Center rescue, who passed a phys-
31 ical examination upon employment as a rescue worker that failed to
32 reveal evidence of a condition that was the proximate cause of death,
33 and no child of the deceased [under the age of eighteen years, or under
34 the age of twenty-three years if enrolled and attending as a full-time
35 student in an accredited educational institution and such enrollment and
36 full-time attendance is certified by such institution, and no child of
37 any age dependent blind or physically disabled], to such spouse seven-
38 ty-five per centum of the average wages of the deceased during widowhood
39 or widowerhood, with two years' compensation, in one sum, upon remar-
40 riage. Where such death occurs, and the spouse is receiving the survi-
41 vors insurance benefits under the social security act, the death benefit
42 payable under this section shall be reduced in accordance with the
43 provisions of table No. I in subdivision one-c of this section by five
44 per centum of the spouse's share of the survivor's insurance benefits
45 under the social security act for each ten dollars of deceased's average
46 weekly wage in excess of one hundred dollars; provided that in no case
47 shall such reduction exceed fifty per centum of such spouse's share of
48 the survivors insurance benefits under the social security act.
49 2. If there be a surviving spouse and a surviving child or children of
50 the deceased [under the age of eighteen years or a surviving child or
51 children of any age dependent blind or physically disabled], and the
52 death occurs on or after July first, nineteen hundred forty-eight, and
53 prior to January first, nineteen hundred seventy-eight, to such spouse
S. 9521 3
1 thirty per centum of the average wages of the deceased during widowhood
2 or widowerhood with two years' compensation in one sum, upon remarriage;
3 and the additional amount of twenty per centum of such wages for each
4 such child [until the age of eighteen years or until the removal of the
5 dependency of the blind or physically disabled child or children]; in
6 case of the subsequent death or remarriage of such surviving spouse any
7 surviving child of the deceased employee[, at the time under eighteen
8 years of age or dependent through mental or physical infirmity], shall
9 have [his] their compensation increased to thirty per centum of such
10 wages[, and the same shall be payable until he shall reach the age of
11 eighteen years or until such dependent blind or physically disabled
12 condition shall have been removed]; provided that the total amount paya-
13 ble shall in no case exceed sixty-six and two-thirds per centum of such
14 wages. Upon statutory termination of compensation payments to all such
15 children, the compensation of the surviving spouse shall be increased to
16 forty per centum of such wages with two years' compensation, at such
17 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 per centum of the average wages of the deceased during widowhood
22 (or dependent widowerhood) with two years' compensation in one sum, upon
23 remarriage; and the additional amount of ten per centum of such wages
24 for each such child [until eighteen years of age or until the removal of
25 the dependency of the blind or physically disabled child or children];
26 in case of the subsequent death or remarriage of such surviving wife (or
27 dependent husband) any surviving child of the deceased shall have [his]
28 their compensation increased to fifteen per centum of such wages [until
29 he shall reach the age of eighteen years or until such dependent blind
30 or physically disabled condition shall have been removed]; provided that
31 the total amount payable shall in no case exceed sixty-six and two-
32 thirds per centum of such wages.
33 The board may in its discretion require the appointment of a guardian
34 for the purpose of receiving the compensation of a minor child or a
35 dependent blind or physically disabled child. In the absence of such a
36 requirement by the board the appointment of a guardian for such purposes
37 shall not be necessary.
38 2-a. If there be a surviving spouse and a surviving child [under the
39 age of eighteen years or under the age of twenty-three years if enrolled
40 and attending as a full time student in an accredited educational insti-
41 tution and such enrollment and full time attendance is certified by such
42 institution or a surviving child of any age dependent blind or phys-
43 ically disabled] and the death occurs on or after January first, nine-
44 teen hundred seventy-eight, to such spouse thirty-six and two-thirds per
45 centum of the average wages of the deceased during widowhood or widower-
46 hood with two years' compensation in one sum, upon remarriage; and thir-
47 ty per centum of such wages to such child [under the age of eighteen
48 years or under the age of twenty-three years if enrolled and attending
49 as a full time student in an accredited educational institution and such
50 enrollment and full time attendance is certified by such institution or
51 a surviving child of any age dependent blind or physically disabled]; in
52 the case of the subsequent death of such surviving spouse the surviving
53 child shall have [his] their compensation increased to sixty-six and
54 two-thirds per centum of such wages [and the same shall be payable so
55 long as he is under the age of eighteen years or under the age of twen-
56 ty-three years if enrolled and attending as a full time student in an
S. 9521 4
1 accredited educational institution and such enrollment and full time
2 attendance is certified by such institution or a surviving child of any
3 age dependent blind or physically disabled]; upon statutory termination
4 of compensation payable to such child, the compensation of the surviving
5 spouse shall be increased to sixty-six and two-thirds per centum of such
6 wages with two years' compensation, at such rate, in one sum, upon
7 remarriage. Upon remarriage of such surviving spouse, the surviving
8 child shall continue to receive thirty per centum of such wages. Where
9 the death occurs on or after January first, nineteen hundred seventy-
10 eight and the spouse is receiving survivors insurance benefits under the
11 social security act, the death benefit payable under this section shall
12 be reduced by five per centum of the spouse's share of the survivors
13 insurance benefits under the social security act for each ten dollars of
14 deceased's average weekly wage in excess of one hundred dollars provided
15 that in no case shall such reduction exceed fifty per centum of said
16 spouse's share of the survivors insurance benefits under the social
17 security act as set forth in table No. I below.
18 TABLE No. I
19 Offset provisions applicable in death benefits
20 where there is a surviving spouse and one child
21 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
22 SHARE OF SURVIVORS
23 INSURANCE BENEFITS
24 over $100 up to and including $110 ................................... 5
25 over $110 up to and including $120 .................................. 10
26 over $120 up to and including $130 .................................. 15
27 over $130 up to and including $140 .................................. 20
28 over $140 up to and including $150 .................................. 25
29 over $150 up to and including $160 .................................. 30
30 over $160 up to and including $170 .................................. 35
31 over $170 up to and including $180 .................................. 40
32 over $180 up to and including $190 .................................. 45
33 over $190 up to and including $200 .................................. 50
34 over $200 ........................................................... 50
35 If there be a surviving spouse and two or more surviving children
36 [under the age of eighteen years or under the age of twenty-three years
37 if enrolled and attending as a full time student in an accredited educa-
38 tional institution and such enrollment and full time attendance is
39 certified by such institution or a surviving child or children of any
40 age dependent blind or physically disabled] and a death occurs on or
41 after January first, nineteen hundred seventy-eight, to such spouse
42 thirty-six and two-thirds per centum of the average wage of the deceased
43 during widowhood or widowerhood with two years' compensation in one sum
44 upon remarriage; and thirty per centum of such wages to such children
45 [under the age of eighteen years or under the age of twenty-three years
46 if enrolled and attending as a full time student in an accredited educa-
47 tional institution and such enrollment and full time attendance is
48 certified by such institution or a surviving child or children of any
49 age dependent blind or physically disabled], share and share alike; in
50 case of the subsequent death of such surviving spouse the surviving
51 children shall have their compensation increased to sixty-six and two-
52 thirds per centum of such wages and the aggregate sum shall be payable,
53 share and share alike[, so long as they are under the age of eighteen
S. 9521 5
1 years or under the age of twenty-three years if enrolled and attending
2 as a full time student in an accredited educational institution and such
3 enrollment and full time attendance is certified by such institution or
4 a surviving child or children of any age dependent blind or physically
5 disabled]. Upon remarriage of such surviving spouse, if there be two
6 surviving children each shall receive twenty-five per centum of such
7 wages, and if there are surviving more than two children [under the age
8 of eighteen years or under the age of twenty-three if enrolled and
9 attending as a full time student in an accredited educational institu-
10 tion and such enrollment and full time attendance is certified by such
11 institution or a surviving child or children of any age dependent blind
12 or physically disabled] sixty-six and two-thirds per centum of such
13 wages share and share alike. Upon statutory termination of compensation
14 payable to such children, the compensation of the surviving spouse shall
15 be increased to sixty-six and two-thirds per centum of such wages with
16 two years' compensation, at such rate, in one sum, upon remarriage.
17 Where the death occurs on or after January first, nineteen hundred
18 seventy-eight, and the spouse is receiving survivors insurance benefits
19 under the social security act, the death benefits payable under this
20 section shall be reduced by five per centum of the spouse's share of the
21 survivors insurance benefits under the social security act for each ten
22 dollars of deceased's average weekly wage in excess of one hundred fifty
23 dollars provided that in no case shall such reduction exceed fifty per
24 centum of said spouse's share of the survivors insurance benefits under
25 the social security act as set forth in table No. II below.
26 TABLE No. II
27 Offset provisions applicable in death benefits
28 where there is a surviving spouse and two or more children
29 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
30 SHARE OF SURVIVORS
31 INSURANCE BENEFITS
32 over $150 up to and including $160 ................................... 5
33 over $160 up to and including $170 .................................. 10
34 over $170 up to and including $180 .................................. 15
35 over $180 up to and including $190 .................................. 20
36 over $190 up to and including $200 .................................. 25
37 over $200 up to and including $210 .................................. 30
38 over $210 up to and including $220 .................................. 35
39 over $220 up to and including $230 .................................. 40
40 over $230 up to and including $240 .................................. 45
41 over $240 up to and including $250 .................................. 50
42 over $250 ........................................................... 50
43 2-b. If there be a surviving spouse of an employee of a private volun-
44 tary hospital killed in a World Trade Center rescue, who passed a phys-
45 ical examination upon employment as a rescue worker that failed to
46 reveal evidence of a condition that was the proximate cause of death,
47 and a surviving child [under the age of eighteen years, or under the age
48 of twenty-three years if enrolled and attending as a full-time student
49 in an accredited educational institution and such enrollment and full-
50 time attendance is certified by such institution, or a surviving child
51 of any age dependent blind or physically disabled], to such spouse forty
52 per centum of the average wages of the deceased during widowhood or
53 widowerhood, with two years' compensation in one sum, upon remarriage;
S. 9521 6
1 and thirty-five per centum of such wages to such child [under the age of
2 eighteen years, or under the age of twenty-three years if enrolled and
3 attending as a full-time student in an accredited educational institu-
4 tion and such enrollment and full-time attendance is certified by such
5 institution, or a surviving child of any age dependent blind or phys-
6 ically disabled]; in the case of the subsequent death of such surviving
7 spouse the surviving child shall have [his or her] their compensation
8 increased to seventy-five per centum of such wages [and the same shall
9 be payable so long as he or she is under the age of eighteen years, or
10 under the age of twenty-three years if enrolled and attending as a full-
11 time student in an accredited educational institution and such enroll-
12 ment and full-time attendance is certified by such institution, or a
13 surviving child of any age dependent blind or physically disabled]; upon
14 statutory termination of compensation payable to such child, the compen-
15 sation of the surviving spouse shall be increased to seventy-five per
16 centum of such wages with two years' compensation, at such rate, in one
17 sum, upon remarriage. Upon remarriage of such surviving spouse, the
18 surviving child shall continue to receive thirty-five per centum of such
19 wages. Where such death occurs, and the spouse is receiving survivors
20 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 such spouse's share of the survi-
26 vors insurance benefits under the social security act as set forth in
27 table No. I in subdivision one-c of this section. If there be a surviv-
28 ing spouse of an employee of a private voluntary hospital killed in a
29 World Trade Center rescue, who passed a physical examination upon
30 employment as a rescue worker that failed to reveal evidence of a condi-
31 tion that was the proximate cause of death, and two or more surviving
32 children [under the age of eighteen years, or under the age of twenty-
33 three years if enrolled and attending as a full-time student in an
34 accredited educational institution and such enrollment and full-time
35 attendance is certified by such institution, or a surviving child or
36 children of any age dependent blind or physically disabled] and a death
37 occurs on or after September eleventh, two thousand one, to such spouse
38 forty per centum of the average wage of the deceased during widowhood or
39 widowerhood with two years' compensation in one sum upon remarriage; and
40 thirty-five per centum of such wages to such children [under 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 a surviving child or children of any age dependent blind
45 or physically disabled], share and share alike; in case of the subse-
46 quent death of such surviving spouse the surviving children shall have
47 their compensation increased to seventy-five per centum of such wages
48 and the aggregate sum shall be payable, share and share alike[, so long
49 as they are under the age of eighteen years, or under the age of twen-
50 ty-three years if enrolled and attending as a full-time student in an
51 accredited educational institution and such enrollment and full-time
52 attendance is certified by such institution, or a surviving child or
53 children of any age dependent blind or physically disabled]. Upon remar-
54 riage of such surviving spouse, if there be two surviving children each
55 shall receive thirty-seven and one-half per centum of such wages, and if
56 there are surviving more than two children [under the age of eighteen
S. 9521 7
1 years, or under the age of twenty-three if enrolled and attending as a
2 full-time student in an accredited educational institution and such
3 enrollment and full-time attendance is certified by such institution, or
4 a surviving child or children of any age dependant blind or physically
5 disabled], seventy-five per centum of such wages share and share alike.
6 Upon statutory termination of compensation payable to such children, the
7 compensation of the surviving spouse shall be increased to seventy-five
8 per centum of such wages with two years' compensation, at such rate, in
9 one sum, upon remarriage. Where the death occurs on or after September
10 eleventh, two thousand one, and the spouse is receiving survivors insur-
11 ance benefits under the social security act, the death benefits payable
12 under this section shall be reduced by five per centum of the spouse's
13 share of the survivors insurance benefits under the social security act
14 for each ten dollars of deceased's average weekly wage in excess of one
15 hundred fifty dollars; provided that in no case shall such reduction
16 exceed fifty per centum of said spouse's share of the survivors insur-
17 ance benefits under the social security act as set forth in table No. II
18 in subdivision two-a of this section.
19 3. If there be a surviving child or children of the deceased [under
20 the age of eighteen years or a dependent blind or physically disabled
21 child or children of any age], but no surviving spouse then where the
22 death occurs on or after July first, nineteen hundred forty-eight, and
23 prior to January first, nineteen hundred seventy-eight, for the support
24 of each such child [until the age of eighteen years, or until the
25 removal of the dependency of such blind or physically disabled child or
26 children,] thirty per centum of the wages of the deceased, and where the
27 death occurred prior to July first, nineteen hundred forty-eight, for
28 the support of each such child [until the age of eighteen years, or
29 until the removal of the dependency of such blind or physically disabled
30 child or children], fifteen per centum of the wages of the deceased;
31 provided that the aggregate shall in no case exceed sixty-six and two-
32 thirds per centum of such wages.
33 3-a. If there be a surviving child or children of the deceased [under
34 the age of eighteen years or under the age of twenty-three years if
35 enrolled and attending as a full time student in an accredited educa-
36 tional institution and such enrollment and full time attendance is
37 certified by such institution or a dependent blind or physically disa-
38 bled child or children of any age], but no surviving spouse then where
39 the death occurs on or after January first, nineteen hundred seventy-
40 eight, for the support of such child or children [until the age of eigh-
41 teen 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], sixty-six and two-thirds per
46 centum of the wages of the deceased. Where there are two or more chil-
47 dren, the compensation payable shall be divided among such children
48 share and share alike.
49 3-b. If there be a surviving child or children, of an employee of a
50 private voluntary hospital killed in a World Trade Center rescue, who
51 passed a physical examination upon employment as a rescue worker that
52 failed to reveal evidence of a condition that was the proximate cause of
53 death, [under the age of eighteen years, or under the age of twenty-
54 three years if enrolled and attending as a full-time student in an
55 accredited educational institution and such enrollment and full-time
56 attendance is certified by such institution, or a dependent blind or
S. 9521 8
1 physically disabled child, or children of any age,] but no surviving
2 spouse then, where such death occurs, for the support of each such child
3 [until the age of eighteen years, or under the age of twenty-three years
4 if enrolled and attending as a full-time student in an accredited educa-
5 tional institution and such enrollment and full-time attendance is
6 certified by such institution or until the removal of the dependency of
7 such blind or physically disabled child or children], seventy-five per
8 centum of the wages of the deceased. Where there are two or more chil-
9 dren, the compensation payable shall be divided among such children
10 share and share alike.
11 4. If there be no surviving spouse or child [under the age of eighteen
12 years, or dependent blind or physically disabled child of any age], or
13 if the amount payable to surviving spouse and to children [under the age
14 of eighteen years or such dependent blind or physically disabled chil-
15 dren] shall be less in the aggregate than sixty-six and two-thirds per
16 centum of the average wages of the deceased, then where the death occurs
17 on or after July first, nineteen hundred forty-eight, and prior to Janu-
18 ary first, nineteen hundred seventy-eight, for the support of grandchil-
19 dren or brothers and sisters under the age of eighteen years, if depend-
20 ent upon the deceased at the time of the accident, twenty-five per
21 centum of such wages for the support of each such person until the age
22 of eighteen years; and for the support of each parent, or grandparent,
23 of the deceased if dependent upon him at the time of the accident, forty
24 per centum of such wages during such dependency; and where the death
25 occurred prior to July first, nineteen hundred forty-eight, to such
26 dependent grandchildren or brothers and sisters, fifteen per centum of
27 such wages until eighteen years of age, and to such dependent parent or
28 grandparent, twenty-five per centum of such wages during dependency. But
29 in no case shall the aggregate amount payable under this subdivision
30 exceed the difference between sixty-six and two-thirds per centum of
31 such wages, and the amount payable as hereinbefore provided to surviving
32 spouse or for the support of surviving child or children.
33 4-a. If there be no surviving spouse or child [under the age of eigh-
34 teen years or under the age of twenty-three years if enrolled and
35 attending as a full time student in an accredited educational institu-
36 tion and such enrollment and full time attendance is certified by such
37 institution or dependent blind or physically disabled child of any age],
38 then where the death occurs on or after January first, nineteen hundred
39 seventy-eight, for the support of grandchildren or brothers and sisters
40 if dependent upon the deceased at the time of the accident, under the
41 age of eighteen years, or under the age of twenty-three years if
42 enrolled and attending as a full time student in an accredited educa-
43 tional institution and such enrollment and full time attendance is
44 certified by such institution, or blind or physically disabled grand-
45 children or brothers and sisters of any age, twenty-five per centum of
46 such wages for the support of each such person until the age of eighteen
47 years; or until the age of twenty-three years if enrolled and attending
48 as a full time student in an accredited educational institution or until
49 the removal of the dependency of such blind or physically disabled
50 grandchildren or brothers and sisters, and such enrollment and full time
51 attendance is certified by such institution and for the support of each
52 parent, or grandparent, of the deceased if dependent upon [him or her]
53 them at the time of the accident, forty per centum of such wages during
54 such dependency. But in no case shall the aggregate amount payable under
55 this subdivision exceed sixty-six and two-thirds per centum of such
56 wages.
S. 9521 9
1 4-b. If there be no surviving spouse or child [under the age of eigh-
2 teen years or under the age of twenty-three years if enrolled and
3 attending as a full time student in an accredited educational institu-
4 tion and such enrollment and full time attendance is certified by such
5 institution or dependent blind or physically disabled child of any age]
6 or grandchildren or brothers and sisters if dependent upon the deceased
7 at the time of the accident, under the age of eighteen years, or under
8 the age of twenty-three years if enrolled and attending as a full time
9 student in an accredited educational institution and such enrollment and
10 full time attendance is certified by such institution or disabled blind
11 or physically disabled grandchildren or brothers and sisters of any age,
12 then a sum of fifty thousand dollars shall be paid to the deceased's
13 surviving parents or if there be no surviving parents to the deceased's
14 estate.
15 4-c. If there be no surviving spouse or child, or children of an
16 employee of a private voluntary hospital killed in a World Trade Center
17 rescue, who passed a physical examination upon employment as a rescue
18 worker that failed to reveal evidence of a condition that was the proxi-
19 mate cause of death, [under the age of eighteen years, or under the age
20 of twenty-three years if enrolled and attending as a full-time student
21 in an accredited educational institution and such enrollment and full-
22 time attendance is certified by such institution, or dependent blind or
23 physically disabled child of any age,] then where the death occurs on or
24 after September eleventh, two thousand one, for the support of grand-
25 children or brothers and sisters if dependent upon the deceased at the
26 time of the accident, under the age of eighteen years, or under the age
27 of twenty-three years if enrolled and attending as a full-time student
28 in an accredited educational institution and such enrollment and full-
29 time attendance is certified by such institution, or blind or physically
30 disabled grandchildren or brothers and sisters of any age, twenty-five
31 per centum of such wages for the support of each such person until the
32 age of eighteen years; or until the age of twenty-three years if
33 enrolled and attending as a full-time student in an accredited educa-
34 tional institution, or until the removal of the dependency of such blind
35 or physically disabled grandchildren or brothers and sisters, and such
36 enrollment and full-time attendance is certified by such institution and
37 for the support of each parent, or grandparent, of the deceased if
38 dependent upon [him or her] them at the time of the accident, forty per
39 centum of such wages during such dependency. But in no case shall the
40 aggregate amount payable under this subdivision exceed seventy-five per
41 centum of such wages.
42 4-d. If there be no surviving spouse or child, or children of an
43 employee of a private voluntary hospital killed in a World Trade Center
44 rescue, who passed a physical examination upon employment as a rescue
45 worker that failed to reveal evidence of a condition that was the proxi-
46 mate cause of death, [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 dependent blind or
50 physically disabled child of any age,] or grandchildren or brothers and
51 sisters if dependent upon the deceased at the time of the accident,
52 under the age of eighteen years, or under the age of twenty-three years
53 if enrolled and attending as a full-time student in an accredited educa-
54 tional institution and such enrollment and full-time attendance is
55 certified by such institution, or disabled blind or physically disabled
56 grandchildren or brothers and sisters of any age, then a sum of fifty
S. 9521 10
1 thousand dollars shall be paid to the deceased's surviving parents or if
2 there be no surviving parents to the deceased's estate.
3 6. If there be a person entitled to death benefits under the
4 provisions of this section, [who shall be under the age of eighteen
5 years, and] who shall be an incarcerated individual of any institution
6 and a public charge upon the department of social services of the city
7 of New York, or any other department or body, the benefits allowed here-
8 under shall be payable to the said department of public welfare of the
9 city of New York or any other department or body to the extent of the
10 reasonable charges for the care and maintenance, during the continuance
11 as a public charge in said institution, of said beneficiary [and until
12 the said person shall have attained the age of eighteen years]. Any sum
13 or sums remaining after the said payment out of the benefits shall be
14 distributed as provided by the other subdivisions of this section.
15 § 2. Subdivision 4 of section 305 of the workers' compensation law, as
16 added by chapter 788 of the laws of 1951, paragraph (a) as amended by
17 chapter 204 of the laws of 1969, is amended to read as follows:
18 (4) Death. Compensation shall be paid in the amount, and to and for
19 the benefit of persons, as follows:
20 (a) Actual funeral expenses in a reasonable sum not exceeding seven
21 hundred and fifty dollars to a person or persons and in manner as
22 provided in section sixteen subdivision one.
23 (b) If there be a surviving dependent wife or dependent husband and no
24 surviving child of the deceased [under the age of eighteen years], to
25 such dependent wife or dependent husband forty per centum of the average
26 wages of the deceased as defined in [section sixteen] subdivision five
27 of section sixteen of this chapter during widowhood or widowerhood;
28 provided that the total amount payable shall in no case exceed sixty-six
29 and two-thirds per centum of such wages or be paid for any period which,
30 when combined with other benefits provided under this article in the
31 event of disability preceding death, shall extend more than five years
32 from the date of injury.
33 (c) If there be a surviving dependent wife or dependent husband and
34 also a surviving child or children of the deceased [under the age of
35 eighteen years], to such dependent wife or dependent husband thirty per
36 centum of such average wages of the deceased during widowhood or widow-
37 erhood, and the additional amount of twenty per centum of such wages for
38 each such child[, but not after the child shall have attained the age of
39 eighteen years]; provided that the total amount payable shall in no case
40 exceed sixty-six and two-thirds per centum of such wages or be paid for
41 any period which, when combined with other benefits provided under this
42 article in the event of disability preceding death, shall extend more
43 than five years from the date of injury.
44 (d) If there be a surviving child or children of the deceased [under
45 the age of eighteen years], but no surviving dependent wife or dependent
46 husband, then for the support of each such child [but not after such
47 child shall have attained the age of eighteen years], thirty per centum
48 of such average wages of the deceased; provided that the total amount
49 payable shall in no case exceed sixty-six and two-thirds per centum of
50 such wages or be paid for a period which, when combined with other bene-
51 fits provided under this article in the event of disability preceding
52 death, shall extend more than five years from the date of injury.
53 (e) If there be no surviving dependent wife or dependent husband and
54 no surviving child or children [under the age of eighteen], no payment
55 shall be made to the special funds established under the provisions of
56 [section] sections fifteen and twenty-five-a of this chapter nor to any
S. 9521 11
1 person, except only for funeral expenses as provided in this subdivision
2 [four of this section].
3 § 3. This act shall take effect on the first of January next succeed-
4 ing the date on which it shall have become a law.
