S T A T E   O F   N E W   Y O R K
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                                   528

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

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:

  Section 1.  Section 8 of the volunteer firefighters' benefit  law,  as
amended  by  chapter  574  of  the  laws  of 1998, is amended to read as
follows:
  S 8. Permanent total disability benefits. 1.  In  the  case  of  total
disability  adjudged  to be permanent the volunteer firefighter shall be
paid four hundred dollars for each week [during the  continuance  there-
of].    Permanent  total disability, within the meaning of this section,
shall exist only if the earning capacity of  the  volunteer  firefighter
has  been  lost permanently and totally as the result of the injury. The
loss of both hands, or both arms, or both feet, or both  legs,  or  both
eyes,  or  any two thereof, shall, in the absence of conclusive proof to
the contrary, constitute permanent total disability, but  in  all  other
cases  permanent total disability shall be determined in accordance with
the facts. Notwithstanding any other  provisions  of  this  chapter,  an
injured  volunteer firefighter disabled due to the loss or total loss of
use of both eyes, or both hands, or both arms, or  both  feet,  or  both
legs,  or any two thereof shall not suffer any diminution of such weekly
benefit by engaging in business or employment provided his or her weekly
earnings or wages, when combined with his or her  weekly  benefit  shall
not  be  in excess of six hundred dollars; and further provided that the
application of this section shall not result in  reduction  of  benefits
which  an  injured volunteer firefighter who is disabled due to the loss
or total loss of use of both eyes, or both hands, or both arms, or  both

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01754-01-9
              

S. 528                              2

feet,  or  both  legs, or any two thereof would otherwise be entitled to
under any other provisions of this article.
  2. BENEFITS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AFTER
JANUARY  FIRST,  TWO  THOUSAND  TEN SHALL BE ADJUSTED YEARLY ON FEBRUARY
FIRST BY A PERCENTAGE EQUAL TO THE  PERCENT  INCREASE  IN  THE  PREVIOUS
YEAR'S CONSUMER PRICE INDEX.
  S  2. Subdivision 5 of section 51 of the volunteer firefighters' bene-
fit law, as renumbered by chapter 246 of the laws of 2006, is renumbered
subdivision 6 and a new subdivision 5 is added to read as follows:
  5. THE INSURANCE CARRIER OR ENTITY RESPONSIBLE FOR PAYING THE  BENEFIT
INCREASE  PROVIDED IN SECTION EIGHT OF THIS CHAPTER SHALL CLAIM FOR SUCH
BENEFIT INCREASE REIMBURSEMENT FROM THE SPECIAL FUND FOR REOPENED  CASES
COMMENCING ONE YEAR FROM THE DATE OF THE FIRST SUCH PAYMENT AND ANNUALLY
THEREAFTER  WHILE  SUCH  PAYMENTS  CONTINUE, ON A FORM PRESCRIBED BY THE
CHAIR.
  S 3. This act shall take effect immediately and shall apply to  weekly
benefit periods that commence after January 1, 2010.