S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6596

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced  by M. of A. BURLING, ERRIGO, KOLB, SCOZZAFAVA, BALL, GIGLIO,
  HAWLEY, McKEVITT, OAKS, MOLINARO, SALADINO, SAYWARD, FINCH,  TOWNSEND,
  WALKER,  RAIA  --  Multi-Sponsored  by  -- M. of A. BACALLES, BARCLAY,
  CALHOUN, CROUCH, MAYERSOHN, O'MARA, QUINN, REILICH, WEISENBERG -- read
  once and referred to the Committee on Local Governments

AN ACT to amend the volunteer firefighters' benefit law, in relation  to
  increasing the funeral benefit and lump sum death benefit

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 7 of the  volunteer  firefighters'
benefit  law,  as amended by chapter 212 of the laws of 2005, is amended
to read as follows:
  1. The reasonable funeral expenses of  the  deceased  volunteer  fire-
fighter  shall  be  paid in an amount not exceeding [six] SEVEN thousand
[seven] FIVE hundred dollars; provided however, that  such  [six]  SEVEN
thousand  FIVE  HUNDRED dollar maximum shall not apply where a volunteer
firefighter dies from injuries received in the line of duty as a  direct
result of firefighting. If such funeral expenses shall have been paid by
a  person  entitled  to  benefits  under  this section or by others, the
funeral expenses awarded shall be made payable to  such  beneficiary  or
others;  otherwise  they shall be payable to the undertaker who provided
the burial. Funeral expenses shall be awarded in all death cases.
  S 2. Subdivision 2 of section 7 of the volunteer firefighters' benefit
law, as amended by chapter 212 of the laws of 2005, is amended  to  read
as follows:
  2.  If  there  be  a  surviving spouse, to such spouse the lump sum of
[fifty-six] ONE HUNDRED thousand dollars, but if there be  no  surviving
spouse,  then  to  the  executor  or  administrator of the estate of the
volunteer [fireman] FIREFIGHTER, the lump sum of [fifty-six] ONE HUNDRED
thousand dollars. Such sum shall be in addition to  any  other  benefits
provided in this chapter and shall not be diminished by benefits paid to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06280-01-9
              

A. 6596                             2

the  volunteer  [fireman]  FIREFIGHTER  during  his OR HER lifetime.  IN
ADDITION, FOR EACH SURVIVING CHILD UNDER THE AGE OF EIGHTEEN AT THE TIME
OF THE FIREFIGHTER'S DEATH, THE SURVIVING SPOUSE SHALL RECEIVE AN  ADDI-
TIONAL  LUMP SUM OF TWENTY-FIVE THOUSAND DOLLARS. IF THERE IS NO SURVIV-
ING SPOUSE, TO THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF  THE  LUMP
SUM  OF  TWENTY-FIVE THOUSAND DOLLARS FOR EACH SURVIVING CHILD UNDER THE
AGE OF EIGHTEEN AT THE TIME OF DEATH OF THE FIREFIGHTER. Any money  paid
to  an  executor  or  administrator  pursuant  to the provisions of this
subdivision shall be distributed in the manner provided by the  laws  of
this state for the distribution of the personal property of an intestate
decedent. Provided, however, that nothing [herein] IN THIS SECTION shall
be  construed  as affording a greater benefit for those volunteer [fire-
men] FIREFIGHTERS injured prior to the  effective  date  of  this  [act]
SECTION,  however  the  spouse  or  estate of such [fireman] FIREFIGHTER
shall continue to be eligible for a benefit in the sum of  eleven  thou-
sand eighty-four dollars.
  S 3. This act shall take effect immediately.