S T A T E O F N E W Y O R K
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1324--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 8, 2021
___________
Introduced by M. of A. MAGNARELLI, GUNTHER, WOERNER, WALLACE, GALEF,
BRONSON, STECK, BUTTENSCHON, GRIFFIN, STIRPE, ZEBROWSKI, HUNTER --
Multi-Sponsored by -- M. of A. ENGLEBRIGHT -- read once and referred
to the Committee on Local Governments -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to increasing tempo-
rary total disability benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 9 of the volunteer firefighters' benefit law, as
amended by chapter 924 of the laws of 1990, is amended to read as
follows:
§ 9. Temporary total disability benefits. In the case of temporary
total disability the volunteer firefighter shall be paid one hundred
twenty-five dollars for each week during the continuance thereof;
provided, however, that when the volunteer firefighter is injured in the
line of duty on or after July first, nineteen hundred seventy-eight to
December thirty-first, nineteen hundred seventy-eight, said firefighter
shall receive one hundred eighty dollars per week during the continuance
thereof; and further provided, that when the volunteer firefighter is
injured in the line of duty on or after January first, nineteen hundred
seventy-nine to June thirtieth, nineteen hundred eighty-three, said
firefighter shall receive two hundred fifteen dollars per week during
the continuance thereof; and further provided, that when the volunteer
firefighter is injured in the line of duty on or after July first, nine-
teen hundred eighty-three to June thirtieth, nineteen hundred eighty-
four, said firefighter shall receive two hundred fifty-five dollars per
week during the continuance thereof; and further provided, that when the
volunteer firefighter is injured in the line of duty on or after July
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01777-02-1
A. 1324--A 2
first, nineteen hundred eighty-four to June thirtieth, nineteen hundred
eighty-five, said firefighter shall receive two hundred seventy-five
dollars per week during the continuance thereof; and further provided,
that when the volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred eighty-five to June thirtieth, nine-
teen hundred ninety, said firefighter shall receive three hundred
dollars per week during the continuance thereof; and further provided,
that when the volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred ninety to June thirtieth, nineteen
hundred ninety-one, said firefighter shall receive three hundred forty
dollars per week during the continuance thereof; and further provided,
that when a volunteer firefighter is injured in the line of duty on or
after July first, nineteen hundred ninety-one to June thirtieth, nine-
teen hundred ninety-two, said firefighter shall receive three hundred
fifty dollars per week during the continuance thereof; and further
provided, that when a volunteer firefighter is injured in the line of
duty on or after July first, nineteen hundred ninety-two TO JUNE THIRTI-
ETH, TWO THOUSAND TWENTY-ONE, said firefighter shall receive four
hundred dollars per week during the continuance thereof; AND FURTHER
PROVIDED, THAT WHEN A VOLUNTEER FIREFIGHTER IS INJURED IN THE LINE OF
DUTY ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE, SAID FIREFIGHTER
SHALL RECEIVE SIX HUNDRED FIFTY DOLLARS PER WEEK DURING THE CONTINUANCE
THEREOF. Temporary total disability, within the meaning of this section,
shall exist only if the earning capacity of the volunteer firefighter
has been lost temporarily and totally as the result of the injury. In
case of temporary total disability and permanent partial disability both
resulting from the same injury, if the temporary total disability
continues for a longer period than the number of weeks set forth in the
following schedule, the period of temporary total disability in excess
of such number of weeks shall be added to the period provided in section
ten of this article: arm, thirty-two weeks; leg, forty weeks; hand,
thirty-two weeks; foot, thirty-two weeks; ear, twenty-five weeks; eye,
twenty weeks; thumb, twenty-four weeks; first finger, eighteen weeks;
great toe, twelve weeks; second finger, twelve weeks; third finger,
eight weeks; fourth finger, eight weeks; toe other than great toe, eight
weeks. In any case resulting in loss or partial loss of use of arm, leg,
hand, foot, ear, eye, thumb, finger or toe, where the temporary total
disability does not extend beyond the periods above mentioned for such
injury, benefits shall be limited to the schedule contained in section
ten of this article.
§ 2. Section 9 of the volunteer ambulance workers' benefit law, as
amended by chapter 924 of the laws of 1990, is amended to read as
follows:
§ 9. Temporary total disability benefits. In the case of temporary
total disability the volunteer ambulance worker shall be paid three
hundred dollars for each week during the continuance thereof; provided,
however, that when the volunteer ambulance worker is injured in the line
of duty on or after the effective date of this chapter to June thirti-
eth, nineteen hundred ninety; further provided, that when the volunteer
ambulance worker is injured in the line of duty on or after July first,
nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one,
said ambulance worker shall receive three hundred forty dollars per week
during the continuance thereof, and further provided, that when a volun-
teer ambulance worker is injured in the line of duty on or after July
first, nineteen hundred ninety-one to June thirtieth, nineteen hundred
ninety-two, said ambulance worker shall receive three hundred fifty
A. 1324--A 3
dollars per week during the continuance thereof; provided further that
when a volunteer ambulance worker is injured in the line of duty on or
after July first, nineteen hundred ninety-two TO JUNE THIRTIETH, TWO
THOUSAND TWENTY-ONE, such ambulance worker shall be paid four hundred
dollars for each week during the continuance thereof; PROVIDED FURTHER
THAT WHEN A VOLUNTEER AMBULANCE WORKER IS INJURED IN THE LINE OF DUTY ON
OR AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE SUCH AMBULANCE WORKER SHALL
BE PAID SIX HUNDRED FIFTY DOLLARS FOR EACH WEEK DURING THE CONTINUANCE
THEREOF. Temporary total disability, within the meaning of this section,
shall exist only if the earning capacity of the volunteer ambulance
worker has been lost temporarily and totally as the result of the inju-
ry. In case of temporary total disability and permanent partial disabil-
ity both resulting from the same injury, if the temporary total disabil-
ity continues for a longer period than the number of weeks set forth in
the following schedule, the period of temporary total disability in
excess of such number of weeks shall be added to the period provided in
section ten of this chapter: arm, thirty-two weeks; leg, forty weeks;
hand, thirty-two weeks; foot, thirty-two weeks; ear, twenty-five weeks;
eye, twenty weeks; thumb, twenty-four weeks; first finger, eighteen
weeks; great toe, twelve weeks; second finger, twelve weeks; third
finger, eight weeks, fourth finger, eight weeks; toe other than great
toe, eight weeks. In any case resulting in loss or partial loss of use
of arm, leg, hand, foot, ear, eye, thumb, finger or toe, where the
temporary total disability does not extend beyond the periods above
mentioned for such injury, benefits shall be limited to the schedule
contained in section ten of this chapter.
§ 3. This act shall take effect immediately and shall apply to weekly
benefit periods that commence after July 1, 2022.