S T A T E O F N E W Y O R K
________________________________________________________________________
711--B
2017-2018 Regular Sessions
I N A S S E M B L Y
January 9, 2017
___________
Introduced by M. of A. GUNTHER, KOLB, BRINDISI, SKOUFIS, ENGLEBRIGHT,
PICHARDO, BLAKE, HOOPER, STECK, MAYER, STIRPE, THIELE, JAFFEE, SKARTA-
DOS, SIMANOWITZ, LUPARDO, WOERNER, JENNE, ZEBROWSKI, HUNTER, CAHILL,
OTIS, RYAN, JEAN-PIERRE, CUSICK, GOTTFRIED, ROSENTHAL, LIFTON, TITUS,
RAMOS, BARRETT, GJONAJ, BRONSON, PALMESANO, RAIA, MONTESANO, GRAF,
LUPINACCI, CURRAN, BLANKENBUSH, WALTER, FINCH, MALLIOTAKIS, GOODELL,
MURRAY, LAWRENCE, GARBARINO, BUTLER, OAKS, PALUMBO, DiPIETRO, BYRNE,
NORRIS, LAVINE, D'URSO, B. MILLER, BRABENEC, JONES, McDONALD, ERRIGO,
WALLACE, JOHNS, MORINELLO, M. L. MILLER, PHEFFER AMATO, CASTORINA,
FAHY, WALKER, SOLAGES, BARRON, ARROYO, PELLEGRINO, NOLAN, ABINANTI,
CRESPO, RODRIGUEZ, BENEDETTO, WILLIAMS, DenDEKKER, SANTABARBARA,
M. G. MILLER, CARROLL, BARNWELL, PAULIN, O'DONNELL -- Multi-Sponsored
by -- M. of A. BARCLAY, BUCHWALD, GALEF, KEARNS, LOPEZ, MAGEE, McDO-
NOUGH, McKEVITT, McLAUGHLIN, RA, ROZIC, SCHIMMINGER, SIMON, WALSH --
read once and referred to the Committee on Local Governments --
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 general municipal law and the tax law, in relation
to the "New York state volunteer firefighter gap coverage cancer disa-
bility benefits act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "New York State Volunteer Firefighter Enhanced Cancer Disability
Benefits Act".
§ 2. The general municipal law is amended by adding a new section
205-cc to read as follows:
§ 205-CC. VOLUNTEER FIREFIGHTER ENHANCED CANCER DISABILITY BENEFITS.
A LEGALLY ORGANIZED FIRE DISTRICT, DEPARTMENT OR COMPANY SHALL PROVIDE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03660-06-7
A. 711--B 2
AND MAINTAIN FOR EACH ELIGIBLE VOLUNTEER FIREFIGHTER, AN ENHANCED CANCER
DISABILITY BENEFIT INSURANCE PROGRAM.
1. DEFINITIONS. AS USED IN THIS SECTION:
A. "ELIGIBLE VOLUNTEER FIREFIGHTER" MEANS:
(I) A VOLUNTEER FIREFIGHTER HAVING FIVE OR MORE YEARS OF FAITHFUL AND
ACTUAL SERVICE IN THE PROTECTION OF LIFE AND PROPERTY FROM FIRE IN THE
INTERIOR OF BUILDINGS AND HAVING SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
TION ON ENTRY TO THE FIREFIGHTER SERVICE, WHICH EXAMINATION FAILED TO
REVEAL ANY EVIDENCE OF CANCERS AS DEFINED IN PARAGRAPH B OF THIS SUBDI-
VISION; AND
(II) HAVING SUBMITTED PROOF OF FIVE YEARS OF INTERIOR FIREFIGHTING
SERVICE BY PROVIDING VERIFICATION THAT HE OR SHE HAS PASSED AT LEAST
FIVE YEARLY CERTIFIED MASK FITTING TESTS AS SET FORTH IN 29 CFR 1910.134
OR THE CURRENT NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS FOR MASK
FIT TESTING.
B. "CANCER" MEANS:
(I) A DISEASE CAUSED BY AN UNCONTROLLED DIVISION OF ABNORMAL CELLS IN
A PART OF THE BODY OR A MALIGNANT GROWTH OR TUMOR RESULTING FROM THE
DIVISION OF ABNORMAL CELLS; AND
(II) AFFECTING THE PROSTATE OR BREAST, LYMPHATIC, HEMATOLOGICAL DIGES-
TIVE, URINARY, NEUROLOGICAL, OR REPRODUCTIVE SYSTEMS, OR MELANOMA.
2. AN ELIGIBLE VOLUNTEER FIREFIGHTER SHALL BE ENTITLED TO PAYMENT OF
ENHANCED CANCER BENEFITS AS FOLLOWS:
A. A LUMP SUM BENEFIT OF TWENTY-FIVE THOUSAND DOLLARS FOR EACH DIAGNO-
SIS PAYABLE TO SUCH FIREFIGHTER UPON ACCEPTABLE PROOF TO THE INSURANCE
CARRIER OR OTHER PAYOR OF A DIAGNOSIS BY A BOARD CERTIFIED PHYSICIAN IN
THE MEDICAL SPECIALTY APPROPRIATE FOR THE TYPE OF CANCER DIAGNOSED THAT
THERE ARE ONE OR MORE MALIGNANT TUMORS CHARACTERIZED BY THE UNCONTROLLA-
BLE AND ABNORMAL GROWTH AND SPREAD OF MALIGNANT CELLS WITH INVASION OF
NORMAL TISSUE AND THAT EITHER:
(I) THERE IS METASTASIS; AND
(1) SURGERY, RADIOTHERAPY, OR CHEMOTHERAPY IS MEDICALLY NECESSARY; OR
(2) THERE IS A TUMOR OF THE PROSTATE, PROVIDED THAT IT IS TREATED WITH
RADICAL PROSTATECTOMY OR EXTERNAL BEAM THERAPY; OR
(II) THE FIREFIGHTER HAS TERMINAL CANCER, HIS OR HER LIFE EXPECTANCY
IS TWENTY-FOUR MONTHS OR LESS FROM THE DATE OF DIAGNOSIS, AND WILL NOT
BENEFIT FROM, OR HAS EXHAUSTED, CURATIVE THERAPY.
B. A LUMP SUM BENEFIT OF SIX THOUSAND TWO HUNDRED FIFTY DOLLARS FOR
EACH DIAGNOSIS PAYABLE TO SUCH FIREFIGHTER UPON ACCEPTABLE PROOF TO THE
INSURANCE CARRIER OR OTHER PAYOR OF A DIAGNOSIS BY A BOARD CERTIFIED
PHYSICIAN IN THE MEDICAL SPECIALTY APPROPRIATE FOR THE TYPE OF CANCER
INVOLVED THAT EITHER:
(I) THERE IS CARCINOMA IN SITU SUCH THAT SURGERY, RADIOTHERAPY, OR
CHEMOTHERAPY HAS BEEN DETERMINED TO BE MEDICALLY NECESSARY;
(II) THERE ARE MALIGNANT TUMORS WHICH ARE TREATED BY ENDOSCOPIC PROCE-
DURES ALONE; OR
(III) THERE ARE MALIGNANT MELANOMAS.
C. A MONTHLY BENEFIT OF ONE THOUSAND FIVE HUNDRED DOLLARS, OF WHICH
THE FIRST PAYMENT SHALL BE MADE SIX MONTHS AFTER TOTAL DISABILITY AND
SUBMISSION OF ACCEPTABLE PROOF OF SAID DISABILITY TO THE INSURANCE
CARRIER OR OTHER PAYOR THAT SUCH DISABILITY IS CAUSED BY CANCER AND THAT
SUCH CANCER PRECLUDES THE FIREFIGHTER FROM SERVING AS A FIREFIGHTER.
SUCH BENEFIT SHALL CONTINUE FOR UP TO THIRTY-SIX CONSECUTIVE MONTHLY
PAYMENTS.
(I) SUCH MONTHLY BENEFIT SHALL BE SUBORDINATE TO ANY OTHER BENEFIT
ACTUALLY PAID TO THE FIREFIGHTER SOLELY FOR SUCH DISABILITY FROM ANY
A. 711--B 3
OTHER SOURCE, NOT INCLUDING PRIVATE INSURANCE PURCHASED SOLELY BY THE
FIREFIGHTER, AND SHALL BE LIMITED TO THE DIFFERENCE BETWEEN THE AMOUNT
OF SUCH OTHER PAID BENEFIT AND THE AMOUNT SPECIFIED HEREIN; AND
(II) ANY FIREFIGHTER RECEIVING SUCH MONTHLY BENEFITS MAY BE REQUIRED
TO HAVE HIS OR HER CONDITION REEVALUATED. IN THE EVENT ANY SUCH REEVALU-
ATION REVEALS THAT SUCH PERSON HAS REGAINED THE ABILITY TO PERFORM
DUTIES AS A FIREFIGHTER, THEN HIS OR HER MONTHLY BENEFITS SHALL CEASE
THE LAST DAY OF THE MONTH OF REEVALUATION.
(III) IN THE EVENT THAT THERE IS A SUBSEQUENT REOCCURRENCE OF A DISA-
BILITY CAUSED BY CANCER WHICH PRECLUDES THE FIREFIGHTER FROM SERVING AS
A FIREFIGHTER, HE OR SHE SHALL BE ENTITLED TO RECEIVE ANY REMAINING
MONTHLY PAYMENTS.
D. AN ELIGIBLE VOLUNTEER FIREFIGHTER SHALL ALSO BE ENTITLED TO AN
ADDITIONAL PAYMENT OF ENHANCED CANCER DEATH BENEFITS IN THE AMOUNT OF
FIFTY THOUSAND DOLLARS WHICH IS PAYABLE TO SUCH VOLUNTEER OR HIS OR HER
BENEFICIARY UPON ACCEPTABLE PROOF BY A BOARD CERTIFIED PHYSICIAN THAT
SUCH FIREFIGHTER'S DEATH RESULTED FROM COMPLICATIONS ASSOCIATED WITH
CANCER.
E. PROVIDED HOWEVER, AN ELIGIBLE VOLUNTEER FIREFIGHTER SHALL BE INELI-
GIBLE FOR THESE BENEFITS IF THEY ARE ALREADY PROVIDED PAID FIREFIGHTER
BENEFITS UNDER THIS ARTICLE.
3. THE COMBINED TOTAL OF ALL BENEFITS RECEIVED BY ANY ELIGIBLE VOLUN-
TEER FIREFIGHTER PURSUANT TO PARAGRAPHS A AND B OF SUBDIVISION TWO OF
THIS SECTION DURING HIS OR HER LIFETIME SHALL NOT EXCEED FIFTY THOUSAND
DOLLARS.
4. AN ELIGIBLE VOLUNTEER FIREFIGHTER SHALL REMAIN ELIGIBLE FOR BENE-
FITS PURSUANT TO PARAGRAPHS A, B AND D OF SUBDIVISION TWO OF THIS
SECTION FOR SIXTY MONTHS AFTER THE FORMAL CESSATION OF THE VOLUNTEER
FIREFIGHTER'S STATUS AS AN ACTIVE VOLUNTEER FIREFIGHTER. THE FIRE
DISTRICT, DEPARTMENT OR COMPANY IN WHICH SUCH FIREFIGHTER SERVED SHALL
BE RESPONSIBLE FOR PAYMENT OF ALL PREMIUMS OR OTHER COSTS ASSOCIATED
WITH BENEFITS PROVIDED UNDER PARAGRAPHS A, B AND D OF SUBDIVISION TWO OF
THIS SECTION THROUGHOUT THE DURATION OF THE ELIGIBLE VOLUNTEER FIRE-
FIGHTER'S COVERAGE.
5. A FIRE DISTRICT, DEPARTMENT OR COMPANY SHALL, NO LATER THAN JANUARY
FIRST, TWO THOUSAND NINETEEN, SHOW PROOF OF INSURANCE COVERAGE THAT
MEETS THE REQUIREMENTS OF THIS SECTION OR SHALL SHOW SATISFACTORY PROOF
OF THE ABILITY TO PAY SUCH COMPENSATION TO ENSURE ADEQUATE COVERAGE FOR
ALL ELIGIBLE VOLUNTEER FIREFIGHTERS. SUCH COVERAGE SHALL REMAIN IN
EFFECT UNTIL SIXTY MONTHS AFTER THE FIRE DISTRICT, DEPARTMENT OR COMPANY
NO LONGER HAS ANY VOLUNTEER FIREFIGHTERS WHO COULD QUALIFY FOR THIS
BENEFIT.
6. ANY FIRE DISTRICT, DEPARTMENT OR COMPANY THAT HAS HAD A VOLUNTEER
FIREFIGHTER FILE A CLAIM FOR OR RECEIVE AN ENHANCED CANCER DISABILITY
BENEFIT UNDER THE PROVISIONS OF THIS SECTION SHALL REPORT SUCH CLAIMS
FILED, CLAIMS PAID AND TYPES OF CLAIMS TO THE OFFICE OF FIRE PREVENTION
AND CONTROL. BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY, THE OFFICE
OF FIRE AND PREVENTION CONTROL SHALL REPORT ANNUALLY TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE THE NUMBER OF FIREFIGHTERS WHO HAVE FILED CLAIMS
PURSUANT TO THIS SECTION AND THE NUMBER OF FIREFIGHTERS WHO HAVE
RECEIVED BENEFITS UNDER THE PROVISIONS OF THIS SECTION.
7. THE OFFICE OF FIRE PREVENTION AND CONTROL, IN CONSULTATION WITH THE
DEPARTMENT OF FINANCIAL SERVICES AND THE WORKERS' COMPENSATION BOARD,
SHALL ADOPT SUCH RULES AND REGULATIONS AS ARE REASONABLE AND NECESSARY
A. 711--B 4
TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH REGULATIONS SHALL
INCLUDE THE PROCESS BY WHICH A FIREFIGHTER FILES A CLAIM FOR THE
ENHANCED CANCER DISABILITY BENEFIT, HOW THE BENEFICIARY OF SUCH ELIGIBLE
VOLUNTEER FIREFIGHTER FILES A CLAIM FOR THE ENHANCED CANCER DEATH BENE-
FIT, THE PROCESS BY WHICH CLAIMANTS CAN APPEAL A DENIAL OF BENEFITS AND
WHAT PROOF IS DEEMED ACCEPTABLE TO QUALIFY FOR SUCH BENEFITS.
§ 3. Subsection (c) of section 612 of the tax law is amended by adding
a new paragraph 42 to read as follows:
(42) INSURANCE PAYMENTS RECEIVED BY AN ELIGIBLE VOLUNTEER FIREFIGHTER
FOR THE CANCER DISABILITY BENEFITS IN SECTION TWO HUNDRED FIVE-CC OF THE
GENERAL MUNICIPAL LAW TO THE EXTENT INCLUDABLE IN GROSS INCOME FOR
FEDERAL INCOME TAX PURPOSES.
§ 4. This act shall take effect January 1, 2019; provided, however,
that effective immediately, the addition and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date; and provided further, however, that the regulations
required pursuant to subdivision 7 of section 205-cc of the general
municipal law as added by section two of this act shall be finalized no
later than June 1, 2018.