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

                                  6471

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2013
                               ___________

Introduced  by  M. of A. DIPIETRO, RAIA, KEARNS, WALTER, CROUCH, BORELLI
  -- Multi-Sponsored by -- M. of A. HAWLEY, McLAUGHLIN -- 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
the volunteer [fireman] FIREFIGHTER during his  OR  HER  lifetime.    IN
ADDITION, FOR EACH SURVIVING CHILD UNDER THE AGE OF EIGHTEEN AT THE TIME

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03392-01-3
              

A. 6471                             2

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.