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

                                 888--A
    Cal. No. 827

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced by Sens. AVELLA, PANEPINTO -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Local Government
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to amend the volunteer firefighters' benefit law and the volun-
  teer ambulance workers' benefit law, in relation  to  the  payment  of
  death benefits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The volunteer  firefighters'  benefit  law  is  amended  by
adding a new section 7-b to read as follows:
  S  7-B. PAYMENT OF DEATH BENEFITS. 1. ALL DEATH BENEFITS PAYABLE UNDER
SECTION SEVEN OF THIS ARTICLE SHALL BE PAID TO  THE  PERSON  OR  PERSONS
ENTITLED  TO  SUCH BENEFIT WITHIN NINETY DAYS OF THE DATE SUCH PERSON OR
PERSONS FILES AN APPLICATION WITH THE  WORKERS'  COMPENSATION  BOARD  TO
RECEIVE  SUCH BENEFIT, EXCEPT IF THE EMPLOYER OR INSURANCE CARRIER FILES
A NOTICE OF CONTROVERSY WITH THE  CHAIR  OF  THE  WORKERS'  COMPENSATION
BOARD  IN  ACCORDANCE  WITH  SECTION TWENTY-FIVE OF THE WORKERS' COMPEN-
SATION LAW; PROVIDED THAT IF THERE IS A DISCREPANCY  IN  THE  CLAIM  FOR
BENEFITS THAT WOULD PREVENT THE CLAIM FROM BEING PROCESSED WITHIN NINETY
DAYS,  THE  WORKERS'  COMPENSATION BOARD SHALL PROVIDE WRITTEN NOTICE TO
THE CLAIMANT WITHIN SUCH NINETY DAY PERIOD  EXPLAINING  THE  DISCREPANCY
AND WHY THE CLAIM CANNOT BE PROCESSED WITHIN THE NINETY DAY PERIOD.
  2.  THE WORKERS' COMPENSATION BOARD SHALL CONDUCT OUTREACH SERVICES TO
PROVIDE COORDINATED INFORMATION TO THE PERSON OR PERSONS ENTITLED  TO  A
DEATH  BENEFIT  PAYABLE  UNDER  SECTION  SEVEN OF THIS ARTICLE REGARDING
ASSISTANCE AVAILABLE TO HELP SUCH PERSON OR PERSONS WITH THE DEATH BENE-
FIT PROGRAM'S APPLICATION PROCEDURES.
  S 2. The volunteer ambulance workers' benefit law is amended by adding
a new section 7-b to read as follows:

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

                                                           LBD01163-02-5

S. 888--A                           2

  S 7-B. PAYMENT OF DEATH BENEFITS. 1. ALL DEATH BENEFITS PAYABLE  UNDER
SECTION  SEVEN  OF  THIS  ARTICLE SHALL BE PAID TO THE PERSON OR PERSONS
ENTITLED TO SUCH BENEFIT WITHIN NINETY DAYS OF THE DATE SUCH  PERSON  OR
PERSONS  FILES  AN  APPLICATION  WITH THE WORKERS' COMPENSATION BOARD TO
RECEIVE  SUCH BENEFIT, EXCEPT IF THE EMPLOYER OR INSURANCE CARRIER FILES
A NOTICE OF CONTROVERSY WITH THE  CHAIR  OF  THE  WORKERS'  COMPENSATION
BOARD  IN  ACCORDANCE  WITH  SECTION TWENTY-FIVE OF THE WORKERS' COMPEN-
SATION LAW; PROVIDED THAT IF THERE IS A DISCREPANCY  IN  THE  CLAIM  FOR
BENEFITS THAT WOULD PREVENT THE CLAIM FROM BEING PROCESSED WITHIN NINETY
DAYS,  THE  WORKERS'  COMPENSATION BOARD SHALL PROVIDE WRITTEN NOTICE TO
THE CLAIMANT WITHIN SUCH NINETY DAY PERIOD  EXPLAINING  THE  DISCREPANCY
AND WHY THE CLAIM CANNOT BE PROCESSED WITHIN THE NINETY DAY PERIOD.
  2.  THE WORKERS' COMPENSATION BOARD SHALL CONDUCT OUTREACH SERVICES TO
PROVIDE COORDINATED INFORMATION TO THE PERSON OR PERSONS ENTITLED  TO  A
DEATH  BENEFIT  PAYABLE  UNDER  SECTION  SEVEN OF THIS ARTICLE REGARDING
ASSISTANCE AVAILABLE TO HELP SUCH PERSON OR PERSONS WITH THE DEATH BENE-
FIT PROGRAM'S APPLICATION PROCEDURES.
  S 3. This act shall take effect immediately.