Assembly Bill A5133C

Signed By Governor
2015-2016 Legislative Session

Relates to permanent total disability benefits received by disabled volunteer firefighters and ambulance workers

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Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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Votes

Bill Amendments

co-Sponsors

multi-Sponsors

2015-A5133 - Details

See Senate Version of this Bill:
S1000
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd §8, Vol Ffs Ben L; amd §8, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:
2009-2010: S528
2011-2012: S2454
2013-2014: S3938

2015-A5133 - Summary

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

2015-A5133 - Bill Text download pdf 

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

                                  5133

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Local Governments

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] EIGHT 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 feet, or both legs, or any two thereof would otherwise be  enti-
tled to under any other provisions of this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04733-03-5

co-Sponsors

multi-Sponsors

2015-A5133A - Details

See Senate Version of this Bill:
S1000
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd §8, Vol Ffs Ben L; amd §8, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:
2009-2010: S528
2011-2012: S2454
2013-2014: S3938

2015-A5133A - Summary

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

2015-A5133A - Bill Text download pdf 

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

                                 5133--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A. MORELLE, GUNTHER, PICHARDO, WOERNER -- Multi-
  Sponsored by -- M.   of A. CERETTO, GRAF,  MAGEE,  McDONALD,  PALUMBO,
  RAMOS  -- read once and referred to the Committee on Local Governments
  -- recommitted to the Committee on  Local  Governments  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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] EIGHT hundred dollars; and further provided
that the application of this section shall not result  in  reduction  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04733-05-6

co-Sponsors

multi-Sponsors

2015-A5133B - Details

See Senate Version of this Bill:
S1000
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd §8, Vol Ffs Ben L; amd §8, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:
2009-2010: S528
2011-2012: S2454
2013-2014: S3938

2015-A5133B - Summary

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

2015-A5133B - Bill Text download pdf 

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

                                 5133--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M. of A. MORELLE, GUNTHER, PICHARDO, WOERNER, SKOUFIS --
  Multi-Sponsored by -- M. of A. CERETTO, GRAF, MAGEE,  McDONALD,  McDO-
  NOUGH,  PALUMBO,  RAMOS  -- read once and referred to the Committee on
  Local Governments -- recommitted to the Committee on Local Governments
  in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered reprinted as amended and recommitted to said committee

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 section 1 of part GG of chapter 54 of the laws  of  2016,  is
amended to read as follows:
  S  8.  Permanent total disability benefits. In the case of total disa-
bility adjudged to be permanent the volunteer firefighter shall be  paid
[four] SIX hundred dollars for each week during the continuance thereof.
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 earn-
ings or wages, when combined with his or her weekly benefit shall not be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04733-07-6

co-Sponsors

multi-Sponsors

2015-A5133C (ACTIVE) - Details

See Senate Version of this Bill:
S1000
Law Section:
Volunteer Firefighters' Benefit Law
Laws Affected:
Amd §8, Vol Ffs Ben L; amd §8, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:
2009-2010: S528
2011-2012: S2454
2013-2014: S3938

2015-A5133C (ACTIVE) - Summary

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

2015-A5133C (ACTIVE) - Bill Text download pdf 

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

                                 5133--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A. MORELLE, GUNTHER, PICHARDO, WOERNER, SKOUFIS,
  HUNTER, JAFFEE, SCHIMEL -- Multi-Sponsored by --  M.  of  A.  CERETTO,
  CURRAN,  GOODELL,  GRAF,  KEARNS, MAGEE, McDONALD, McDONOUGH, PALUMBO,
  RAMOS -- read once and referred to the Committee on Local  Governments
  --  recommitted  to  the  Committee on Local Governments in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted to said committee

AN  ACT  to amend the volunteer firefighters' benefit law and the volun-
  teer ambulance workers' 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  section  1 of part GG of chapter 54 of the laws of 2016, is
amended to read as follows:
  S 8. Permanent total disability benefits. In the case of  total  disa-
bility  adjudged to be permanent the volunteer firefighter shall be paid
[four] SIX hundred dollars for each week during the continuance thereof.
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04733-09-6

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