Senate Bill S528

2009-2010 Legislative Session

Relates to permanent total disability benefits received by disabled volunteer firefighters

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S528 (ACTIVE) - Details

See Assembly Version of this Bill:
A4444
Current Committee:
Senate Local Government
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd ยงยง8 & 51, Vol Ffs Ben L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2454, A3194
2013-2014: S3938, A5928
2015-2016: S1000

2009-S528 (ACTIVE) - Summary

Relates to permanent total disability benefits received by disabled volunteer firefighters; provides for a cost-of-living adjustment to such benefits.

2009-S528 (ACTIVE) - Sponsor Memo

2009-S528 (ACTIVE) - Bill Text download pdf

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

                                   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
              

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