Bill Text: NY S01411 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the New York state volunteer firefighter gap coverage cancer disability benefits act.

Spectrum: Slight Partisan Bill (Republican 17-8)

Status: (Passed) 2017-10-22 - SIGNED CHAP.334 [S01411 Detail]

Download: New_York-2017-S01411-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1411--A
            Cal. No. 40
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced  by Sens. GRIFFO, ADDABBO, AKSHAR, AMEDORE, BONACIC, BRESLIN,
          BROOKS, CARLUCCI, CROCI, GALLIVAN, HELMING, JACOBS, KAMINSKY, KENNEDY,
          MARCHIONE, MURPHY, O'MARA, PHILLIPS, RITCHIE, ROBACH,  TEDISCO,  VALE-
          SKY,  YOUNG  -- read twice and ordered printed, and when printed to be
          committed to the Committee on Local Government -- committee discharged
          and said bill committed to the Committee on Rules -- reported  favora-
          bly  from said committee, ordered to a third reading, passed by Senate
          and delivered to the Assembly, recalled, vote  reconsidered,  restored
          to  third  reading, amended and ordered reprinted, retaining its place
          in the order of third reading
        AN ACT to amend the general municipal law and the tax law,  in  relation
          to the "New York state volunteer firefighter gap coverage cancer disa-
          bility benefits act"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York state volunteer firefighter gap coverage cancer disability
     3  benefits act".
     4    §  2.  The  general  municipal  law is amended by adding a new section
     5  205-cc to read as follows:
     6    § 205-cc. New York state volunteer  firefighter  gap  coverage  cancer
     7  disability  benefits  act.  1.  (a)  As  used  in this section, the term
     8  "eligible volunteer firefighter" shall be defined as:
     9    (i) a firefighter having five or more years  of  faithful  and  actual
    10  service in the protection of life and property from fire in the interior
    11  of  buildings  and  having successfully passed a physical examination on
    12  entry to the firefighter service, which examination failed to reveal any
    13  evidence of cancers as defined in paragraph (b) of this subdivision; and
    14    (ii) having submitted proof of five  years  of  interior  firefighting
    15  service  by  providing  verification  that he or she has passed at least
    16  five yearly certified mask fitting tests as set forth in 29 CFR 1910.134
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03660-02-7
        S. 1411--A                          2
     1  or the current national fire protection association standards  for  mask
     2  fit testing.
     3    (b) As used in this section, the term "cancer" shall be defined as:
     4    (i)  a disease caused by an uncontrolled division of abnormal cells in
     5  a part of the body or a malignant growth or  tumor  resulting  from  the
     6  division of abnormal cells; and
     7    (ii)  affecting  the  lymphatic or hematological systems or the diges-
     8  tive, urinary, prostate, neurological, breast or reproductive systems or
     9  melanoma.
    10    2. Notwithstanding any other provision of this chapter to the  contra-
    11  ry,  on  and  after January first, two thousand nineteen, each political
    12  subdivision liable for benefits provided under the volunteer  firefight-
    13  ers' benefit law shall provide and maintain an enhanced cancer disabili-
    14  ty  benefit  insurance  program for each eligible volunteer firefighter.
    15  Such eligible volunteer firefighters shall receive payments of  enhanced
    16  cancer benefits as follows:
    17    (a)  A  lump  sum  benefit  of twenty-five thousand dollars subject to
    18  limitations specified in the insurance  contract  and  payable  to  such
    19  eligible  volunteer  firefighter upon acceptable proof of diagnosis by a
    20  physician board certified in the medical specialty appropriate  for  the
    21  type  of  cancer  involved  that  there are one or more malignant tumors
    22  characterized by the uncontrollable and abnormal growth  and  spread  of
    23  malignant cells with invasion of normal tissue and that:
    24    (i)  surgery,  radiotherapy,  chemotherapy or radiation treatments are
    25  medically necessary;
    26    (ii) there is a tumor of the prostate, provided  that  it  is  treated
    27  with radical prostatectomy or external beam therapy; and
    28    (iii) there is metastasis; or
    29    (iv)  the  eligible  volunteer firefighter has terminal cancer, his or
    30  her life expectancy is twenty-four months or less from the date of diag-
    31  nosis, and will not benefit from, or has exhausted, curative therapy.
    32    (b) A lump sum benefit of  six  thousand  two  hundred  fifty  dollars
    33  subject  to  limitations  specified in the insurance contract payable to
    34  such volunteer firefighter upon acceptable proof of  a  diagnosis  by  a
    35  physician  board  certified in the medical specialty appropriate for the
    36  type of cancer involved that:
    37    (i) there is carcinoma in situ such  that  surgery,  radiotherapy,  or
    38  chemotherapy has been determined to be medically necessary;
    39    (ii) there are malignant tumors which are treated by endoscopic proce-
    40  dures alone; or
    41    (iii) there are malignant melanomas.
    42    (c) (i) A monthly benefit of one thousand five hundred dollars payable
    43  six  months after total disability and submission of acceptable proof of
    44  said disability to the insurance carrier or other payor caused by cancer
    45  as defined in the insurance contract as precluding service  as  a  fire-
    46  fighter   and  continuing  for  up  to  thirty-six  consecutive  monthly
    47  payments.
    48    (ii) The benefit under this paragraph  shall  be  subordinate  to  any
    49  other  benefit actually paid to the firefighter for such disability from
    50  any other source, not including private insurance  purchased  solely  by
    51  the  firefighter,  and  shall  be  limited to the difference between the
    52  amount of such other paid benefit and the amount  specified  under  this
    53  paragraph.
    54    (iii) Any eligible firefighter receiving benefits under this paragraph
    55  may  be  required to have his or her condition reevaluated. In the event
    56  any such reevaluation reveals such person has regained  the  ability  to
        S. 1411--A                          3
     1  perform  duties  as  a  firefighter, then his or her benefits under this
     2  paragraph shall cease the last day of the month of determination.
     3    (d)  An  eligible  volunteer  firefighter  shall  also be eligible for
     4  payment of enhanced cancer death benefits in the amount of  fifty  thou-
     5  sand  dollars  which is payable to him or her upon acceptable proof by a
     6  physician board certified that his or her death  resulted  from  compli-
     7  cations  associated with cancer affecting the lymphatic or hematological
     8  systems or the digestive, urinary,  prostate,  neurological,  breast  or
     9  reproductive systems or melanoma.
    10    3.  The  combined total of all benefits received by an eligible volun-
    11  teer firefighter under paragraphs (a) and (b) of subdivision two of this
    12  section during his or her  lifetime  shall  not  exceed  fifty  thousand
    13  dollars.  Benefits  provided  to an eligible volunteer firefighter under
    14  paragraphs (a), (b) and (d) of subdivision two  of  this  section  shall
    15  continue  for  sixty months following the formal cessation of the volun-
    16  teer firefighter's status as an active volunteer firefighter. The legal-
    17  ly organized fire department  which  the  volunteer  firefighter  served
    18  shall  be  responsible for payment of all premiums associated with bene-
    19  fits provided under paragraphs (a), (b) and (d) of  subdivision  two  of
    20  this section throughout the sixty month term of coverage continuation.
    21    4. Any department whose member has received a disability payment under
    22  the  provisions of this section shall report such payments to the office
    23  of fire prevention and control. On January first, two  thousand  twenty,
    24  and on the same date each year thereafter, the office of fire prevention
    25  and  control  shall report to the legislature the number of firefighters
    26  who have received benefits under the provisions of this section.
    27    5. A political subdivision liable for providing insurance pursuant  to
    28  this  section  may  use  proceeds  from  real  property  taxes  for such
    29  purposes.
    30    § 3. Subsection (c) of section 612 of the tax law is amended by adding
    31  a new paragraph 44 to read as follows:
    32    (44) Insurance payments received by an eligible volunteer  firefighter
    33  for  the  enhanced cancer benefits in section two hundred five-cc of the
    34  general municipal law to the  extent  includable  in  gross  income  for
    35  federal income tax purposes.
    36    §  4.  This  act shall take effect January 1, 2019, provided, however,
    37  that the state fire administrator shall promulgate any rules  and  regu-
    38  lations  necessary  for the implementation of this act on or before such
    39  effective date.