S T A T E O F N E W Y O R K
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4330
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
___________
Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the administrative code of the city of New York, in
relation to death benefits for the auxiliary police
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 14-148.1 to read as follows:
S 14-148.1 DEATH BENEFITS FOR THE AUXILIARY POLICE. NOTWITHSTANDING
THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, A MEMBER OF THE AUXIL-
IARY POLICE WHO DIES AS A RESULT OF INJURIES RECEIVED WHILE IN THE LINE
OF DUTY AS SUCH MEMBER, SHALL RECEIVE THE FOLLOWING DEATH BENEFITS:
1. THE REASONABLE FUNERAL EXPENSES OF THE DECEASED AUXILIARY POLICEMAN
SHALL BE PAID IN AN AMOUNT NOT EXCEEDING SIX THOUSAND SEVEN HUNDRED
DOLLARS; PROVIDED HOWEVER, THAT SUCH SIX THOUSAND DOLLAR MAXIMUM SHALL
NOT APPLY WHERE AN AUXILIARY POLICEMAN DIES FROM INJURIES RECEIVED IN
THE LINE OF DUTY. 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 BURI-
AL. FUNERAL EXPENSES SHALL BE AWARDED IN ALL DEATH CASES.
2. IF THERE BE A SURVIVING SPOUSE, TO SUCH SPOUSE THE LUMP SUM OF
FIFTY-SIX THOUSAND DOLLARS, BUT IF THERE BE NO SURVIVING SPOUSE, THEN TO
THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE AUXILIARY POLICEMAN,
THE LUMP SUM OF FIFTY-SIX THOUSAND DOLLARS. SUCH SUM SHALL BE IN ADDI-
TION TO ANY OTHER BENEFITS PROVIDED IN THIS CHAPTER AND SHALL NOT BE
DIMINISHED BY BENEFITS PAID TO THE AUXILIARY POLICEMAN DURING HIS OR HER
LIFETIME IF ANY. ANY MONEY PAID TO AN EXECUTOR OR ADMINISTRATOR PURSU-
ANT 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06725-01-9
A. 4330 2
3. IF THERE BE A SURVIVING SPOUSE AND NO SURVIVING CHILD OF THE
DECEASED UNDER THE AGE OF EIGHTEEN YEARS OR UNDER THE AGE OF TWENTY-FIVE
YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN ANY ACCREDITED EDUCA-
TIONAL INSTITUTION AND NO SURVIVING CHILD OF ANY AGE DEPENDENT BLIND OR
PHYSICALLY DISABLED, TO SUCH SPOUSE ONE HUNDRED THIRTY DOLLARS FOR EACH
WEEK UNTIL REMARRIED, AND UPON SUCH REMARRIAGE THE LUMP SUM OF THIRTEEN
THOUSAND ONE HUNDRED FORTY-TWO DOLLARS.
4. IF THERE BE A SURVIVING SPOUSE AND A SURVIVING CHILD OR CHILDREN OF
THE DECEASED UNDER THE AGE OF EIGHTEEN YEARS OR UNDER THE AGE OF TWEN-
TY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN ANY ACCREDITED
EDUCATIONAL INSTITUTION OR A SURVIVING CHILD OR CHILDREN OF ANY AGE
DEPENDENT BLIND OR PHYSICALLY DISABLED, TO SUCH SPOUSE NINETY-FIVE
DOLLARS FOR EACH WEEK UNTIL REMARRIED, AND UPON SUCH REMARRIAGE THE LUMP
SUM OF NINE THOUSAND EIGHT HUNDRED FIFTY-SIX DOLLARS; AND AN ADDITIONAL
AMOUNT OF SIXTY-THREE DOLLARS FOR EACH WEEK FOR EACH SUCH CHILD UNTIL
THE AGE OF EIGHTEEN YEARS OR UNDER THE AGE OF TWENTY-FIVE YEARS WHO IS
ENROLLED AS A FULL TIME STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITU-
TION OR UNTIL THE REMOVAL OF THE DEPENDENCY OF THE BLIND OR PHYSICALLY
DISABLED CHILD OR CHILDREN; IN THE CASE OF THE SUBSEQUENT DEATH OR
REMARRIAGE OF SUCH SURVIVING SPOUSE ANY SURVIVING CHILD OF THE DECEASED
AUXILIARY POLICEMAN, AT THE TIME UNDER EIGHTEEN YEARS OF AGE OR UNDER
THE AGE OF TWENTY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN
ANY ACCREDITED EDUCATIONAL INSTITUTION OR DEPENDENT THROUGH MENTAL OR
PHYSICAL INFIRMITY, SHALL HAVE HIS OR HER BENEFIT INCREASED TO
NINETY-FIVE DOLLARS FOR EACH WEEK, AND THE SAME SHALL BE PAYABLE UNTIL
HE OR SHE SHALL REACH THE AGE OF EIGHTEEN YEARS OR TWENTY-FIVE YEARS, AS
THE CASE MAY BE, OR UNTIL SUCH DEPENDENT BLIND OR PHYSICALLY DISABLED
CONDITION SHALL HAVE BEEN REMOVED; PROVIDED THAT THE TOTAL AMOUNT PAYA-
BLE FOR EACH WEEK UNDER THIS SUBDIVISION SHALL IN NO CASE EXCEED TWO
HUNDRED FIFTY-THREE DOLLARS PER WEEK. UPON STATUTORY TERMINATION OF
PAYMENTS TO ALL SUCH CHILDREN, THE PAYMENTS TO THE SURVIVING SPOUSE
SHALL BE INCREASED TO ONE HUNDRED THIRTY DOLLARS FOR EACH WEEK UNTIL
SUCH SPOUSE REMARRIES, AND UPON SUCH REMARRIAGE, SUCH SPOUSE SHALL BE
PAID THE LUMP SUM OF TWELVE THOUSAND THIRTY-THREE DOLLARS.
5. IF THERE BE SURVIVING CHILD OR CHILDREN OF THE DECEASED UNDER THE
AGE OF EIGHTEEN YEARS OR UNDER THE AGE OF TWENTY-FIVE YEARS WHO IS
ENROLLED AS A FULL TIME STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITU-
TION OR A DEPENDENT BLIND OR PHYSICALLY DISABLED CHILD OR CHILDREN OF
ANY AGE, BUT NO SURVIVING SPOUSE, FOR THE SUPPORT OF EACH SUCH CHILD
UNTIL THE AGE OF EIGHTEEN YEARS OR TWENTY-FIVE YEARS AS THE CASE MAY BE,
OR UNTIL THE REMOVAL OF THE DEPENDENCY OF SUCH BLIND OR PHYSICALLY DISA-
BLED CHILD OR CHILDREN, NINETY-FIVE DOLLARS FOR EACH WEEK; PROVIDED THAT
THE TOTAL AMOUNT PAYABLE FOR EACH WEEK UNDER THIS SUBDIVISION SHALL NOT
EXCEED TWO HUNDRED FIFTY-THREE DOLLARS PER WEEK.
6. IF THERE BE NO SURVIVING SPOUSE, OR CHILD OF THE DECEASED UNDER THE
AGE OF EIGHTEEN YEARS, OR UNDER THE AGE OF TWENTY-FIVE YEARS WHO IS
ENROLLED AS A FULL TIME STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITU-
TION OR DEPENDENT BLIND OR PHYSICALLY DISABLED CHILD OF THE DECEASED OF
ANY AGE, OR IF THE AMOUNT PAYABLE FOR EACH WEEK TO THE SURVIVING SPOUSE
AND TO CHILDREN UNDER THE AGE OF EIGHTEEN YEARS OR UNDER THE AGE OF
TWENTY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN ANY ACCRED-
ITED EDUCATIONAL INSTITUTION OR SUCH DEPENDENT BLIND OR PHYSICALLY DISA-
BLED CHILDREN SHALL BE LESS IN THE AGGREGATE THAN TWO HUNDRED
FIFTY-THREE DOLLARS PER WEEK, FOR THE SUPPORT OF GRANDCHILDREN OR BROTH-
ERS AND SISTERS UNDER THE AGE OF EIGHTEEN YEARS, OR UNDER THE AGE OF
TWENTY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN ANY ACCRED-
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ITED EDUCATIONAL INSTITUTION IF DEPENDENT UPON THE DECEASED AT THE TIME
OF THE INJURY, SEVENTY-NINE DOLLARS FOR EACH WEEK FOR THE SUPPORT OF
EACH SUCH PERSON UNTIL THE AGE OF EIGHTEEN YEARS OR TWENTY-FIVE YEARS AS
THE CASE MAY BE, AND FOR THE SUPPORT OF EACH PARENT OR GRANDPARENT, OF
THE DECEASED IF DEPENDENT UPON HIM OR HER AT THE TIME OF THE INJURY ONE
HUNDRED THIRTY DOLLARS FOR EACH WEEK DURING SUCH DEPENDENCY, BUT IN NO
CASE SHALL THE AGGREGATE AMOUNT PAYABLE UNDER THIS SUBDIVISION EXCEED
THE DIFFERENCE BETWEEN TWO HUNDRED FIFTY-THREE DOLLARS AND THE AMOUNT
PAYABLE FOR EACH WEEK AS HEREINBEFORE PROVIDED TO THE SURVIVING SPOUSE
OR FOR THE SUPPORT OF A SURVIVING CHILD OR CHILDREN.
7. IF ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS IS AN INMATE OF ANY
INSTITUTION AND A PUBLIC CHARGE UPON THE STATE OR ANY POLITICAL SUBDIVI-
SION, THE BENEFITS ALLOWED HEREUNDER SHALL BE PAYABLE TO THE STATE OR
POLITICAL SUBDIVISION TO THE EXTENT OF THE REASONABLE CHARGES FOR CARE
AND MAINTENANCE, DURING THE CONTINUANCE AS A PUBLIC CHARGE IN SUCH
INSTITUTION OF SUCH BENEFICIARY AND UNTIL HE SHALL HAVE ATTAINED THE AGE
OF EIGHTEEN YEARS. ANY SUM OR SUMS REMAINING AFTER SUCH PAYMENTS SHALL
BE DISTRIBUTED AS PROVIDED IN THIS SECTION.
8. THE TERM "DEPENDENT BLIND OR PHYSICALLY DISABLED", AS USED IN THIS
SECTION IN RELATION TO DEPENDENT CHILDREN, MEANS TOTALLY BLIND OR PHYS-
ICALLY DISABLED DEPENDENT CHILDREN WHOSE DISABLEMENT IS TOTAL AND PERMA-
NENT.
9. ALL QUESTIONS OF DEPENDENCY SHALL BE DETERMINED AS OF THE TIME OF
THE INJURY.
10. THE WORKERS' COMPENSATION BOARD MAY IN ITS DISCRETION REQUIRE THE
APPOINTMENT OF A GUARDIAN FOR THE PURPOSE OF RECEIVING BENEFITS PAYABLE
TO A MINOR CHILD OR A DEPENDENT BLIND OR PHYSICALLY DISABLED CHILD. IN
THE ABSENCE OF SUCH A REQUIREMENT BY SUCH BOARD THE APPOINTMENT OF A
GUARDIAN FOR SUCH PURPOSES SHALL NOT BE NECESSARY.
11. IN THE CASE OF A DEATH OF AN AUXILIARY POLICEMAN, THAT RESULTS
FROM SERVICES PERFORMED IN THE LINE OF DUTY, IF THERE BE A SURVIVING
SPOUSE AND NO SURVIVING CHILD OF THE DECEASED UNDER THE AGE OF EIGHTEEN
OR UNDER THE AGE OF TWENTY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME
STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITUTION AND NO SURVIVING CHILD
OF ANY AGE DEPENDENT BLIND OR PHYSICALLY DISABLED, TO SUCH SPOUSE EIGHT
HUNDRED EIGHTY-SEVEN DOLLARS FOR EACH WEEK UNTIL REMARRIED AND UPON SUCH
REMARRIAGE THE LUMP SUM OF NINETY-TWO THOUSAND TWO HUNDRED NINETEEN
DOLLARS.
12. IN THE CASE OF A DEATH OF AN AUXILIARY POLICEMAN, THAT RESULTS
FROM SERVICES PERFORMED IN THE LINE OF DUTY, IF THERE BE A SURVIVING
SPOUSE AND A SURVIVING CHILD OR CHILDREN OF THE DECEASED UNDER THE AGE
OF EIGHTEEN YEARS OR UNDER THE AGE OF TWENTY-FIVE YEARS WHO IS ENROLLED
AS A FULL TIME STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITUTION OR A
SURVIVING CHILD OR CHILDREN OF ANY AGE DEPENDENT BLIND OR PHYSICALLY
DISABLED, TO SUCH SPOUSE FOUR HUNDRED EIGHTY-EIGHT DOLLARS FOR EACH WEEK
UNTIL REMARRIED, AND THE ADDITIONAL AMOUNT OF FOUR HUNDRED DOLLARS FOR
EACH WEEK FOR SUCH CHILD OR CHILDREN, SHARE AND SHARE ALIKE, UNTIL THE
AGE OF EIGHTEEN YEARS OR UNDER THE AGE OF TWENTY-FIVE YEARS WHO IS
ENROLLED AS A FULL TIME STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITU-
TION OR UNTIL THE REMOVAL OF THE DEPENDENCY OF THE BLIND OR PHYSICALLY
DISABLED CHILD OR CHILDREN. IN THE CASE OF THE DEATH OF SUCH SURVIVING
SPOUSE, THE SURVIVING CHILD OR CHILDREN OF THE DECEASED AUXILIARY
POLICEMAN, AT THE TIME UNDER EIGHTEEN YEARS OF AGE OR UNDER THE AGE OF
TWENTY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN ANY ACCRED-
ITED EDUCATIONAL INSTITUTION OR DEPENDENT THROUGH MENTAL OR PHYSICAL
INFIRMITY, SHALL HAVE HIS OR HER BENEFIT INCREASED TO EIGHT HUNDRED
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EIGHTY-SEVEN DOLLARS, FOR EACH WEEK, SHARE AND SHARE ALIKE, AND THE SAME
SHALL BE PAYABLE UNTIL HE OR SHE OR THEY SHALL REACH THE AGE OF EIGHTEEN
YEARS OR TWENTY-FIVE YEARS AS THE CASE MAY BE, OR UNTIL SUCH DEPENDENT
BLIND OR PHYSICALLY DISABLED CONDITION SHALL HAVE BEEN REMOVED. UPON THE
REMARRIAGE OF SUCH SURVIVING SPOUSE PRIOR TO THE STATUTORY TERMINATION
OF BENEFIT TO ALL SUCH CHILDREN, SUCH SPOUSE SHALL BE PAID THE LUMP SUM
OF FIFTY THOUSAND SEVEN HUNDRED TWENTY DOLLARS AND THE SURVIVING CHILD
SHALL CONTINUE TO RECEIVE WEEKLY PAYMENTS OF FOUR HUNDRED DOLLARS; IF
THERE BE TWO SURVIVING CHILDREN, EACH SHALL RECEIVE THREE HUNDRED THIR-
TY-THREE DOLLARS PER WEEK; AND IF THERE BE MORE THAN TWO SURVIVING CHIL-
DREN, THEY SHALL RECEIVE EIGHT HUNDRED EIGHTY-SEVEN DOLLARS PER WEEK,
SHARE AND SHARE ALIKE; AND THE SAME SHALL BE PAYABLE UNTIL HE OR SHE OR
THEY SHALL REACH THE AGE OF EIGHTEEN YEARS OR TWENTY-FIVE YEARS, AS THE
CASE MAY BE, OR UNTIL SUCH DEPENDENT BLIND OR PHYSICALLY DISABLED CONDI-
TION SHALL HAVE BEEN REMOVED. UPON STATUTORY TERMINATION OF PAYMENTS TO
ALL SUCH CHILDREN, THE PAYMENTS TO THE SURVIVING SPOUSE SHALL BE
INCREASED TO EIGHT HUNDRED EIGHTY-SEVEN DOLLARS FOR EACH WEEK UNTIL SUCH
SPOUSE REMARRIES AND UPON SUCH REMARRIAGE SUCH SPOUSE SHALL BE PAID THE
LUMP SUM OF NINETY-TWO THOUSAND TWO HUNDRED NINETEEN DOLLARS. IN NO
EVENT SHALL THE TOTAL AMOUNT PAYABLE FOR EACH WEEK UNDER THIS SUBDIVI-
SION EXCEED EIGHT HUNDRED EIGHTY-SEVEN DOLLARS.
13. IN THE CASE OF A DEATH OF AN AUXILIARY POLICEMAN, THAT RESULTS
FROM SERVICES PERFORMED IN THE LINE OF DUTY, IF THERE BE SURVIVING A
CHILD OR CHILDREN OF THE DECEASED UNDER THE AGE OF EIGHTEEN YEARS OR
UNDER THE AGE OF TWENTY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME
STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITUTION OR A DEPENDENT CHILD
OR PHYSICALLY DISABLED CHILD OR CHILDREN OF ANY AGE, BUT NO SURVIVING
SPOUSE, FOR SUPPORT OF SUCH CHILD OR CHILDREN UNTIL THE AGE OF EIGHTEEN
YEARS OR TWENTY-FIVE YEARS AS THE CASE MAY BE, OR UNTIL REMOVAL OF THE
DEPENDENCY OF SUCH BLIND OR PHYSICALLY DISABLED CHILD OR CHILDREN, EIGHT
HUNDRED EIGHTY-SEVEN DOLLARS SHARE AND SHARE ALIKE, FOR EACH WEEK;
PROVIDED THAT THE TOTAL AMOUNT PAYABLE FOR EACH WEEK UNDER THIS SUBDIVI-
SION SHALL NOT EXCEED EIGHT HUNDRED EIGHTY-SEVEN DOLLARS PER WEEK.
14. IN THE CASE OF A DEATH OF AN AUXILIARY POLICEMAN, THAT RESULTS
FROM SERVICES PERFORMED IN THE LINE OF DUTY, IF THERE BE NO SURVIVING
SPOUSE OR CHILD OF THE DECEASED UNDER THE AGE OF EIGHTEEN YEARS OR UNDER
THE AGE OF TWENTY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME STUDENT IN
ANY ACCREDITED EDUCATIONAL INSTITUTION, OR DEPENDENT BLIND OR PHYSICALLY
DISABLED CHILD OF THE DECEASED OF ANY AGE, THEN FOR THE SUPPORT OF
GRANDCHILDREN OR BROTHERS AND SISTERS UNDER THE AGE OF EIGHTEEN YEARS OR
UNDER THE AGE OF TWENTY-FIVE YEARS WHO IS ENROLLED AS A FULL TIME
STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITUTION IF DEPENDENT UPON THE
DECEASED AT THE TIME OF THE INJURY, THREE HUNDRED THIRTY-THREE DOLLARS
FOR EACH WEEK FOR THE SUPPORT OF EACH SUCH PERSON UNTIL THE AGE OF EIGH-
TEEN YEARS OR TWENTY-FIVE YEARS AS THE CASE MAY BE, AND FOR THE SUPPORT
OF EACH PARENT OR GRANDPARENT OF THE DECEASED IF DEPENDENT UPON THE
DECEASED AT THE TIME OF THE INJURY, FIVE HUNDRED THIRTY-TWO DOLLARS FOR
EACH WEEK DURING SUCH DEPENDENCY BUT IN NO CASE SHALL THE AGGREGATE
AMOUNT PAYABLE UNDER THIS SUBDIVISION EXCEED EIGHT HUNDRED EIGHTY-SEVEN
DOLLARS PER WEEK.
15. IN THE CASE OF THE DEATH OF AN INJURED AUXILIARY POLICEMAN TO WHOM
THERE WAS DUE AT THE TIME OF HIS OR HER DEATH ANY BENEFITS, THE AMOUNT
OF SUCH BENEFITS SHALL BE PAYABLE TO THE SURVIVING SPOUSE, IF THERE BE
ONE, OR, IF NONE, TO THE SURVIVING CHILD OR CHILDREN OF THE DECEASED
UNDER THE AGE OF EIGHTEEN YEARS, AND IF THERE BE NO SURVIVING SPOUSE OR
CHILDREN, THEN TO THE DEPENDENTS OF SUCH DECEASED OR TO ANY OF THEM AS
A. 4330 5
THE WORKERS' COMPENSATION BOARD MAY DIRECT, AND IF THERE BE NO SURVIVING
SPOUSE, CHILDREN OR DEPENDENTS OF SUCH DECEASED, THEN TO HIS OR HER
ESTATE. AN AWARD FOR DISABILITY MAY BE MADE AFTER THE DEATH OF AN
INJURED AUXILIARY POLICEMAN.
S 2. This act shall take effect immediately and shall apply to deaths
occurring on and after such effective date.