S T A T E O F N E W Y O R K
________________________________________________________________________
5951--A
Cal. No. 96
2015-2016 Regular Sessions
I N S E N A T E
June 12, 2015
___________
Introduced by Sens. MURPHY, PANEPINTO -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- recom-
mitted to the Committee on Labor in accordance with Senate Rule 6,
sec. 8 -- 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 workers' compensation law, in relation to the
continuation of death benefits to a surviving spouse regardless of
remarriage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1-b, 1-c, 1-d, 2, 2-a and 2-b of section 16 of
the workers' compensation law, subdivisions 1-b, 1-c and 2 as amended by
chapter 168 of the laws of 1979, subdivision 2-a as amended by chapter
174 of the laws of 1981 and subdivisions 1-d and 2-b as added by chapter
689 of the laws of 2007, are amended and a new subdivision 2-c is added
to read as follows:
1-b. If there be a surviving spouse and no child of the deceased under
the age of eighteen years and no child of any age dependent blind or
physically disabled, and the death occurs on or after July first, nine-
teen hundred forty-eight, and prior to January first, nineteen hundred
seventy-eight, to such spouse forty per centum of the average wages of
the deceased [during widowhood or widowerhood with two years' compen-
sation in one sum, upon remarriage]; and where the death occurred prior
to July first, nineteen hundred forty-eight, to such wife (or dependent
husband) thirty per centum of such wages [during widowhood (or dependent
widowerhood) with two years' compensation in one sum, upon remarriage].
1-c. If there be a surviving spouse and no child of the deceased under
the age of eighteen years or under the age of twenty-three years if
enrolled and attending as a full time student in an accredited educa-
tional institution and such enrollment and full time attendance is
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04800-04-6
S. 5951--A 2
certified by such institution and no child of any age dependent blind or
physically disabled, and the death occurs on or after January first,
nineteen hundred seventy-eight, to such spouse sixty-six and two-thirds
per centum of the average wages of the deceased [during widowhood or
widowerhood with two years' compensation, in one sum, upon remarriage].
Where the death occurs on or after January first, nineteen hundred
seventy-eight, and the spouse is receiving the survivors insurance bene-
fits under the social security act, the death benefit payable under this
section shall be reduced in accordance with the provisions of table No.
1 below by five per centum of the spouse's share of the survivor's
insurance benefits under the social security act for each ten dollars of
deceased's average weekly wage in excess of one hundred dollars provided
that in no case shall such reduction exceed fifty per centum of said
spouse's share of the survivors insurance benefits under the social
security act.
TABLE No. I
Offset provisions applicable in death benefits
where there is a sole surviving spouse
AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
SHARE OF SURVIVORS
INSURANCE BENEFITS
over $100 up to and including $110 ................................... 5
over $110 up to and including $120 .................................. 10
over $120 up to and including $130 .................................. 15
over $130 up to and including $140 .................................. 20
over $140 up to and including $150 .................................. 25
over $150 up to and including $160 .................................. 30
over $160 up to and including $170 .................................. 35
over $170 up to and including $180 .................................. 40
over $180 up to and including $190 .................................. 45
over $190 up to and including $200 .................................. 50
over $200 ........................................................... 50
1-d. If there be a surviving spouse of an employee of a private volun-
tary hospital killed in a World Trade Center rescue, who passed a phys-
ical examination upon employment as a rescue worker that failed to
reveal evidence of a condition that was the proximate cause of death,
and no child of the deceased under the age of eighteen years, or under
the age of twenty-three years if enrolled and attending as a full-time
student in an accredited educational institution and such enrollment and
full-time attendance is certified by such institution, and no child of
any age dependent blind or physically disabled, to such spouse seventy-
five per centum of the average wages of the deceased [during widowhood
or widowerhood, with two years' compensation, in one sum, upon remar-
riage]. Where such death occurs, and the spouse is receiving the survi-
vors insurance benefits under the social security act, the death benefit
payable under this section shall be reduced in accordance with the
provisions of table No. I in subdivision one-c of this section by five
per centum of the spouse's share of the survivor's insurance benefits
under the social security act for each ten dollars of deceased's average
weekly wage in excess of one hundred dollars; provided that in no case
shall such reduction exceed fifty per centum of such spouse's share of
the survivors insurance benefits under the social security act.
S. 5951--A 3
2. If there be a surviving spouse and a surviving child or children of
the deceased under the age of eighteen years or a surviving child or
children of any age dependent blind or physically disabled, and the
death occurs on or after July first, nineteen hundred forty-eight, and
prior to January first, nineteen hundred seventy-eight, to such spouse
thirty per centum of the average wages of the deceased [during widowhood
or widowerhood with two years' compensation in one sum, upon remar-
riage]; and the additional amount of twenty per centum of such wages for
each such child until the age of eighteen years or until the removal of
the dependency of the blind or physically disabled child or children; in
case of the subsequent death [or remarriage] of such surviving spouse
any surviving child of the deceased employee, at the time under eighteen
years of age or dependent through mental or physical infirmity, shall
have his compensation increased to thirty per centum of such wages, and
the same shall be payable until he shall reach the age of eighteen years
or until such dependent blind or physically disabled condition shall
have been removed; provided that the total amount payable shall in no
case exceed sixty-six and two-thirds per centum of such wages. Upon
statutory termination of compensation payments to all such children, the
compensation of the surviving spouse shall be increased to forty per
centum of such wages [with two years' compensation, at such rate, in one
sum, upon remarriage].
If there be a surviving wife (or dependent husband) and any of the
aforementioned surviving children, and the death occurred prior to July
first, nineteen hundred forty-eight, to such wife (or dependent husband)
thirty per centum of the average wages of the deceased [during widowhood
(or dependent widowerhood) with two years' compensation in one sum, upon
remarriage]; and the additional amount of ten per centum of such wages
for each such child until eighteen years of age or until the removal of
the dependency of the blind or physically disabled child or children; in
case of the subsequent death [or remarriage] of such surviving wife (or
dependent husband) any surviving child of the deceased shall have his
compensation increased to fifteen per centum of such wages until he
shall reach the age of eighteen years or until such dependent blind or
physically disabled condition shall have been removed; provided that the
total amount payable shall in no case exceed sixty-six and two-thirds
per centum of such wages.
The board may in its discretion require the appointment of a guardian
for the purpose of receiving the compensation of a minor child or a
dependent blind or physically disabled child. In the absence of such a
requirement by the board the appointment of a guardian for such purposes
shall not be necessary.
2-a. If there be a surviving spouse and a surviving child under the
age of eighteen years or under the age of twenty-three years if enrolled
and attending as a full time student in an accredited educational insti-
tution and such enrollment and full time attendance is certified by such
institution or a surviving child of any age dependent blind or phys-
ically disabled and the death occurs on or after January first, nineteen
hundred seventy-eight, to such spouse thirty-six and two-thirds per
centum of the average wages of the deceased [during widowhood or widow-
erhood with two years' compensation in one sum, upon remarriage]; and
thirty per centum of such wages to such child under the age of eighteen
years or under the age of twenty-three years if enrolled and attending
as a full time student in an accredited educational institution and such
enrollment and full time attendance is certified by such institution or
a surviving child of any age dependent blind or physically disabled; in
S. 5951--A 4
the case of the subsequent death of such surviving spouse the surviving
child shall have his compensation increased to sixty-six and two-thirds
per centum of such wages and the same shall be payable so long as he is
under the age of eighteen years or under the age of twenty-three years
if enrolled and attending as a full time student in an accredited educa-
tional institution and such enrollment and full time attendance is
certified by such institution or a surviving child of any age dependent
blind or physically disabled; upon statutory termination of compensation
payable to such child, the compensation of the surviving spouse shall be
increased to sixty-six and two-thirds per centum of such wages [with two
years' compensation, at such rate, in one sum, upon remarriage. Upon
remarriage of such surviving spouse, the surviving child shall continue
to receive thirty per centum of such wages]. Where the death occurs on
or after January first, nineteen hundred seventy-eight and the spouse is
receiving survivors insurance benefits under the social security act,
the death benefit payable under this section shall be reduced by five
per centum of the spouse's share of the survivors insurance benefits
under the social security act for each ten dollars of deceased's average
weekly wage in excess of one hundred dollars provided that in no case
shall such reduction exceed fifty per centum of said spouse's share of
the survivors insurance benefits under the social security act as set
forth in table No. I below.
TABLE No. I
Offset provisions applicable in death benefits
where there is a surviving spouse and one child
AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
SHARE OF SURVIVORS
INSURANCE BENEFITS
over $100 up to and including $110 ................................... 5
over $110 up to and including $120 .................................. 10
over $120 up to and including $130 .................................. 15
over $130 up to and including $140 .................................. 20
over $140 up to and including $150 .................................. 25
over $150 up to and including $160 .................................. 30
over $160 up to and including $170 .................................. 35
over $170 up to and including $180 .................................. 40
over $180 up to and including $190 .................................. 45
over $190 up to and including $200 .................................. 50
over $200 ........................................................... 50
If there be a surviving spouse and two or more surviving children
under the age of eighteen years or under the age of twenty-three years
if enrolled and attending as a full time student in an accredited educa-
tional institution and such enrollment and full time attendance is
certified by such institution or a surviving child or children of any
age dependent blind or physically disabled and a death occurs on or
after January first, nineteen hundred seventy-eight, to such spouse
thirty-six and two-thirds per centum of the average wage of the deceased
[during widowhood or widowerhood with two years' compensation in one sum
upon remarriage]; and thirty per centum of such wages to such children
under the age of eighteen years or under the age of twenty-three years
if enrolled and attending as a full time student in an accredited educa-
tional institution and such enrollment and full time attendance is
certified by such institution or a surviving child or children of any
S. 5951--A 5
age dependent blind or physically disabled, share and share alike; in
case of the subsequent death of such surviving spouse the surviving
children shall have their compensation increased to sixty-six and two-
thirds per centum of such wages and the aggregate sum shall be payable,
share and share alike, so long as they are under the age of eighteen
years or under the age of twenty-three years if enrolled and attending
as a full time student in an accredited educational institution and such
enrollment and full time attendance is certified by such institution or
a surviving child or children of any age dependent blind or physically
disabled. [Upon remarriage of such surviving spouse, if there be two
surviving children each shall receive twenty-five per centum of such
wages, and if there are surviving more than two children under the age
of eighteen years or under the age of twenty-three if enrolled and
attending as a full time student in an accredited educational institu-
tion and such enrollment and full time attendance is certified by such
institution or a surviving child or children of any age dependent blind
or physically disabled sixty-six and two-thirds per centum of such wages
share and share alike.] Upon statutory termination of compensation paya-
ble to such children, the compensation of the surviving spouse shall be
increased to sixty-six and two-thirds per centum of such wages [with two
years' compensation, at such rate, in one sum, upon remarriage]. Where
the death occurs on or after January first, nineteen hundred seventy-
eight, and the spouse is receiving survivors insurance benefits under
the social security act, the death benefits payable under this section
shall be reduced by five per centum of the spouse's share of the survi-
vors insurance benefits under the social security act for each ten
dollars of deceased's average weekly wage in excess of one hundred fifty
dollars provided that in no case shall such reduction exceed fifty per
centum of said spouse's share of the survivors insurance benefits under
the social security act as set forth in table No. II below.
TABLE No. II
Offset provisions applicable in death benefits
where there is a surviving spouse and two or more children
AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
SHARE OF SURVIVORS
INSURANCE BENEFITS
over $150 up to and including $160 ................................... 5
over $160 up to and including $170 .................................. 10
over $170 up to and including $180 .................................. 15
over $180 up to and including $190 .................................. 20
over $190 up to and including $200 .................................. 25
over $200 up to and including $210 .................................. 30
over $210 up to and including $220 .................................. 35
over $220 up to and including $230 .................................. 40
over $230 up to and including $240 .................................. 45
over $240 up to and including $250 .................................. 50
over $250 ........................................................... 50
2-b. If there be a surviving spouse of an employee of a private volun-
tary hospital killed in a World Trade Center rescue, who passed a phys-
ical examination upon employment as a rescue worker that failed to
reveal evidence of a condition that was the proximate cause of death,
and a surviving child under the age of eighteen years, or under the age
of twenty-three years if enrolled and attending as a full-time student
S. 5951--A 6
in an accredited educational institution and such enrollment and full-
time attendance is certified by such institution, or a surviving child
of any age dependent blind or physically disabled, to such spouse forty
per centum of the average wages of the deceased [during widowhood or
widowerhood, with two years' compensation in one sum, upon remarriage];
and thirty-five per centum of such wages to such child under the age of
eighteen years, or under the age of twenty-three years if enrolled and
attending as a full-time student in an accredited educational institu-
tion and such enrollment and full-time attendance is certified by such
institution, or a surviving child of any age dependent blind or phys-
ically disabled; in the case of the subsequent death of such surviving
spouse the surviving child shall have his or her compensation increased
to seventy-five per centum of such wages and the same shall be payable
so long as he or she is under the age of eighteen years, or under the
age of twenty-three years if enrolled and attending as a full-time
student in an accredited educational institution and such enrollment and
full-time attendance is certified by such institution, or a surviving
child of any age dependent blind or physically disabled; upon statutory
termination of compensation payable to such child, the compensation of
the surviving spouse shall be increased to seventy-five per centum of
such wages [with two years' compensation, at such rate, in one sum, upon
remarriage. Upon remarriage of such surviving spouse, the surviving
child shall continue to receive thirty-five per centum of such wages].
Where such death occurs, and the spouse is receiving survivors insurance
benefits under the social security act, the death benefit payable under
this section shall be reduced by five per centum of the spouse's share
of the survivors insurance benefits under the social security act for
each ten dollars of deceased's average weekly wage in excess of one
hundred dollars; provided that in no case shall such reduction exceed
fifty per centum of such spouse's share of the survivors insurance bene-
fits under the social security act as set forth in table No. I in subdi-
vision one-c of this section. If there be a surviving spouse of an
employee of a private voluntary hospital killed in a World Trade Center
rescue, who passed a physical examination upon employment as a rescue
worker that failed to reveal evidence of a condition that was the proxi-
mate cause of death, and two or more surviving children under the age of
eighteen years, or under the age of twenty-three years if enrolled and
attending as a full-time student in an accredited educational institu-
tion and such enrollment and full-time attendance is certified by such
institution, or a surviving child or children of any age dependent blind
or physically disabled and a death occurs on or after September elev-
enth, two thousand one, to such spouse forty per centum of the average
wage of the deceased [during widowhood or widowerhood with two years'
compensation in one sum upon remarriage]; and thirty-five per centum of
such wages to such children under the age of eighteen years, or under
the age of twenty-three years if enrolled and attending as a full-time
student in an accredited educational institution and such enrollment and
full-time attendance is certified by such institution, or a surviving
child or children of any age dependent blind or physically disabled,
share and share alike; in case of the subsequent death of such surviving
spouse the surviving children shall have their compensation increased to
seventy-five per centum of such wages and the aggregate sum shall be
payable, share and share alike, so long as they are under the age of
eighteen years, or under the age of twenty-three years if enrolled and
attending as a full-time student in an accredited educational institu-
tion and such enrollment and full-time attendance is certified by such
S. 5951--A 7
institution, or a surviving child or children of any age dependent blind
or physically disabled. [Upon remarriage of such surviving spouse, if
there be two surviving children each shall receive thirty-seven and
one-half per centum of such wages, and if there are surviving more than
two children under the age of eighteen years, or under the age of twen-
ty-three if enrolled and attending as a full-time student in an accred-
ited educational institution and such enrollment and full-time attend-
ance is certified by such institution, or a surviving child or children
of any age dependant blind or physically disabled, seventy-five per
centum of such wages share and share alike.] Upon statutory termination
of compensation payable to such children, the compensation of the
surviving spouse shall be increased to seventy-five per centum of such
wages [with two years' compensation, at such rate, in one sum, upon
remarriage]. Where the death occurs on or after September eleventh, two
thousand one, and the spouse is receiving survivors insurance benefits
under the social security act, the death benefits payable under this
section shall be reduced by five per centum of the spouse's share of the
survivors insurance benefits under the social security act for each ten
dollars of deceased's average weekly wage in excess of one hundred fifty
dollars; provided that in no case shall such reduction exceed fifty per
centum of said spouse's share of the survivors insurance benefits under
the social security act as set forth in table No. II in subdivision
two-a of this section.
2-C FOR THE PURPOSES OF THE PAYMENT OF BENEFITS TO A SURVIVING SPOUSE
PURSUANT TO THIS SECTION, THE REMARRIAGE OF SUCH SPOUSE SHALL NOT AFFECT
HIS OR HER STATUS AS A WIDOW OR WIDOWER FOR PURPOSES OF THIS SECTION.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
