S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1000--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 8, 2015
                                      ___________
       Introduced  by  Sens.  FUNKE,  NOZZOLIO, YOUNG -- read twice and ordered
         printed, and when printed to be committed to the  Committee  on  Local
         Government -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN  ACT to amend the volunteer firefighters' benefit law, in relation to
         the payment of benefits
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   Section 8 of the volunteer firefighters' benefit law, as
    2  amended by chapter 574 of the laws  of  1998,  is  amended  to  read  as
    3  follows:
    4    S  8.  Permanent  total  disability  benefits. 1. In the case of total
    5  disability adjudged to be permanent the volunteer firefighter  shall  be
    6  paid  four  hundred dollars for each week [during the continuance there-
    7  of].  Permanent total disability, within the meaning  of  this  section,
    8  shall  exist  only  if the earning capacity of the volunteer firefighter
    9  has been lost permanently and totally as the result of the  injury.  The
   10  loss  of  both  hands, or both arms, or both feet, or both legs, or both
   11  eyes, or any two thereof, shall, in the absence of conclusive  proof  to
   12  the  contrary,  constitute  permanent total disability, but in all other
   13  cases permanent total disability shall be determined in accordance  with
   14  the  facts.  Notwithstanding  any  other  provisions of this chapter, an
   15  injured volunteer firefighter disabled due to the loss or total loss  of
   16  use  of  both  eyes,  or both hands, or both arms, or both feet, or both
   17  legs, or any two thereof shall not suffer any diminution of such  weekly
   18  benefit by engaging in business or employment provided his or her weekly
   19  earnings  or  wages,  when combined with his or her weekly benefit shall
   20  not be in excess of [six] EIGHT hundred dollars;  and  further  provided
   21  that  the  application  of this section shall not result in reduction of
   22  benefits which an injured volunteer firefighter who is disabled  due  to
   23  the loss or total loss of use of both eyes, or both hands, or both arms,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04733-02-5
       S. 1000--A                          2
    1  or  both feet, or both legs, or any two thereof would otherwise be enti-
    2  tled to under any other provisions of this article.
    3    2. BENEFITS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AFTER
    4  JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL BE ADJUSTED YEARLY ON FEBRUARY
    5  FIRST  BY  A  PERCENTAGE  EQUAL  TO THE PERCENT INCREASE IN THE PREVIOUS
    6  YEAR'S CONSUMER PRICE INDEX.
    7    S 2. Subdivision 5 of section 51 of the volunteer firefighters'  bene-
    8  fit law, as renumbered by chapter 246 of the laws of 2006, is renumbered
    9  subdivision 6 and a new subdivision 5 is added to read as follows:
   10    5.  THE INSURANCE CARRIER OR ENTITY RESPONSIBLE FOR PAYING THE BENEFIT
   11  INCREASE PROVIDED IN SECTION EIGHT OF THIS CHAPTER SHALL CLAIM FOR  SUCH
   12  BENEFIT  INCREASE REIMBURSEMENT FROM THE SPECIAL FUND FOR REOPENED CASES
   13  COMMENCING ONE YEAR FROM THE DATE OF THE FIRST SUCH PAYMENT AND ANNUALLY
   14  THEREAFTER WHILE SUCH PAYMENTS CONTINUE, ON A  FORM  PRESCRIBED  BY  THE
   15  CHAIR.
   16    S  3. This act shall take effect immediately and shall apply to weekly
   17  benefit periods that commence after January 1, 2016.