S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1195
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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:
   § 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.
   § 2. The volunteer ambulance workers' benefit law is amended by adding
 a new section 7-b to read as follows:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00611-01-7

 S. 1195                             2
 
 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.
   § 3. This act shall take effect immediately.