Bill Text: NY S01318 | 2021-2022 | General Assembly | Amended
Bill Title: Provides total disability benefits for volunteer firefighters and volunteer ambulance workers for injuries sustained on or after July 1, 2021.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-06-03 - SUBSTITUTED BY A1324A [S01318 Detail]
Download: New_York-2021-S01318-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1318--A Cal. No. 898 2021-2022 Regular Sessions IN SENATE January 11, 2021 ___________ Introduced by Sens. GAUGHRAN, GRIFFO, BORRELLO, BROOKS, COMRIE, GALLI- VAN, HELMING, HINCHEY, JORDAN, KAPLAN, REICHLIN-MELNICK, SERINO, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the volunteer firefighters' benefit law and the volun- teer ambulance workers' benefit law, in relation to increasing tempo- rary total disability benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 9 of the volunteer firefighters' benefit law, as 2 amended by chapter 924 of the laws of 1990, is amended to read as 3 follows: 4 § 9. Temporary total disability benefits. In the case of temporary 5 total disability the volunteer firefighter shall be paid one hundred 6 twenty-five dollars for each week during the continuance thereof; 7 provided, however, that when the volunteer firefighter is injured in the 8 line of duty on or after July first, nineteen hundred seventy-eight to 9 December thirty-first, nineteen hundred seventy-eight, said firefighter 10 shall receive one hundred eighty dollars per week during the continuance 11 thereof; and further provided, that when the volunteer firefighter is 12 injured in the line of duty on or after January first, nineteen hundred 13 seventy-nine to June thirtieth, nineteen hundred eighty-three, said 14 firefighter shall receive two hundred fifteen dollars per week during 15 the continuance thereof; and further provided, that when the volunteer 16 firefighter is injured in the line of duty on or after July first, nine- 17 teen hundred eighty-three to June thirtieth, nineteen hundred eighty- 18 four, said firefighter shall receive two hundred fifty-five dollars per EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01777-03-1S. 1318--A 2 1 week during the continuance thereof; and further provided, that when the 2 volunteer firefighter is injured in the line of duty on or after July 3 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred 4 eighty-five, said firefighter shall receive two hundred seventy-five 5 dollars per week during the continuance thereof; and further provided, 6 that when the volunteer firefighter is injured in the line of duty on or 7 after July first, nineteen hundred eighty-five to June thirtieth, nine- 8 teen hundred ninety, said firefighter shall receive three hundred 9 dollars per week during the continuance thereof; and further provided, 10 that when the volunteer firefighter is injured in the line of duty on or 11 after July first, nineteen hundred ninety to June thirtieth, nineteen 12 hundred ninety-one, said firefighter shall receive three hundred forty 13 dollars per week during the continuance thereof; and further provided, 14 that when a volunteer firefighter is injured in the line of duty on or 15 after July first, nineteen hundred ninety-one to June thirtieth, nine- 16 teen hundred ninety-two, said firefighter shall receive three hundred 17 fifty dollars per week during the continuance thereof; and further 18 provided, that when a volunteer firefighter is injured in the line of 19 duty on or after July first, nineteen hundred ninety-two to June thirti- 20 eth, two thousand twenty-one, said firefighter shall receive four 21 hundred dollars per week during the continuance thereof; and further 22 provided, that when a volunteer firefighter is injured in the line of 23 duty on or after July first, two thousand twenty-one, said firefighter 24 shall receive six hundred fifty dollars per week during the continuance 25 thereof. Temporary total disability, within the meaning of this section, 26 shall exist only if the earning capacity of the volunteer firefighter 27 has been lost temporarily and totally as the result of the injury. In 28 case of temporary total disability and permanent partial disability both 29 resulting from the same injury, if the temporary total disability 30 continues for a longer period than the number of weeks set forth in the 31 following schedule, the period of temporary total disability in excess 32 of such number of weeks shall be added to the period provided in section 33 ten of this article: arm, thirty-two weeks; leg, forty weeks; hand, 34 thirty-two weeks; foot, thirty-two weeks; ear, twenty-five weeks; eye, 35 twenty weeks; thumb, twenty-four weeks; first finger, eighteen weeks; 36 great toe, twelve weeks; second finger, twelve weeks; third finger, 37 eight weeks; fourth finger, eight weeks; toe other than great toe, eight 38 weeks. In any case resulting in loss or partial loss of use of arm, leg, 39 hand, foot, ear, eye, thumb, finger or toe, where the temporary total 40 disability does not extend beyond the periods above mentioned for such 41 injury, benefits shall be limited to the schedule contained in section 42 ten of this article. 43 § 2. Section 9 of the volunteer ambulance workers' benefit law, as 44 amended by chapter 924 of the laws of 1990, is amended to read as 45 follows: 46 § 9. Temporary total disability benefits. In the case of temporary 47 total disability the volunteer ambulance worker shall be paid three 48 hundred dollars for each week during the continuance thereof; provided, 49 however, that when the volunteer ambulance worker is injured in the line 50 of duty on or after the effective date of this chapter to June thirti- 51 eth, nineteen hundred ninety; further provided, that when the volunteer 52 ambulance worker is injured in the line of duty on or after July first, 53 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one, 54 said ambulance worker shall receive three hundred forty dollars per week 55 during the continuance thereof, and further provided, that when a volun- 56 teer ambulance worker is injured in the line of duty on or after JulyS. 1318--A 3 1 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred 2 ninety-two, said ambulance worker shall receive three hundred fifty 3 dollars per week during the continuance thereof; provided further that 4 when a volunteer ambulance worker is injured in the line of duty on or 5 after July first, nineteen hundred ninety-two to June thirtieth, two 6 thousand twenty-one, such ambulance worker shall be paid four hundred 7 dollars for each week during the continuance thereof; provided further 8 that when a volunteer ambulance worker is injured in the line of duty on 9 or after July first, two thousand twenty-one such ambulance worker shall 10 be paid six hundred fifty dollars for each week during the continuance 11 thereof. Temporary total disability, within the meaning of this section, 12 shall exist only if the earning capacity of the volunteer ambulance 13 worker has been lost temporarily and totally as the result of the inju- 14 ry. In case of temporary total disability and permanent partial disabil- 15 ity both resulting from the same injury, if the temporary total disabil- 16 ity continues for a longer period than the number of weeks set forth in 17 the following schedule, the period of temporary total disability in 18 excess of such number of weeks shall be added to the period provided in 19 section ten of this chapter: arm, thirty-two weeks; leg, forty weeks; 20 hand, thirty-two weeks; foot, thirty-two weeks; ear, twenty-five weeks; 21 eye, twenty weeks; thumb, twenty-four weeks; first finger, eighteen 22 weeks; great toe, twelve weeks; second finger, twelve weeks; third 23 finger, eight weeks, fourth finger, eight weeks; toe other than great 24 toe, eight weeks. In any case resulting in loss or partial loss of use 25 of arm, leg, hand, foot, ear, eye, thumb, finger or toe, where the 26 temporary total disability does not extend beyond the periods above 27 mentioned for such injury, benefits shall be limited to the schedule 28 contained in section ten of this chapter. 29 § 3. This act shall take effect immediately and shall apply to weekly 30 benefit periods that commence after July 1, 2022.
