NY State Senate Bill 2021-S382

Senate Bill S382

2021-2022 Legislative Session

Establishes a volunteer firefighters' benefit claim assistance unit to initiate contact with firefighter or surviving dependents and assist with claims

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to local government
Jan 06, 2021	referred to local government

2021-S382 (ACTIVE) - Details

See Assembly Version of this Bill:: A566
Current Committee:: Senate Local Government
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Amd §40, Vol Ffs Ben L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A681
2011-2012: A181
2013-2014: A1150
2015-2016: A1718
2017-2018: A2905
2019-2020: S7027, A267

2021-S382 (ACTIVE) - Summary

Establishes a volunteer firefighters' benefit claim assistance unit to initiate contact with an injured firefighter or his or her surviving dependents and assist with filing claims and expediting payments.

2021-S382 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S382

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the volunteer firefighters' benefit law, in relation to
providing for temporary payments of benefit pending final determination
of claim

 
PURPOSE OR GENERAL IDEA OF BILL:

This measure will establish a Volunteer Firefighters Benefit Claim
Assistance Unit within the New York State Workers Compensation Board to
initiate contact with firefighters or their surviving dependents and
provide assistance required to file claims and expedite payment of any
and all benefits allowed under this chapter.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amend section 40 of the Volunteer Firefighters Benefit Law to
establish a volunteer firefighters' benefit claim assistance unit. The

unit will be responsible for initiating contact with any volunteer fire-
fighter who sustains a life-threatening injury, or in the case of death,
the surviving dependents of such volunteer firefighter and shall provide
any and all assistance required to file claims and expedite payment of
any and all benefits allowable.

Section 2 provides the effective date.

 
JUSTIFICATION:

Section 40 of the Volunteer Firefighters' Benefit Law (VFBL) provides
for the notice of injury or death in the line of duty for which benefits
are to be paid or provided under this chapter.  Over the years, there
have been a number of instances in which payment of the VFBL benefit has
been delayed. These delays only cause pain and hardship to the desig-
nated beneficiary. There have been instances where beneficiaries have
waited over 6 months to receive their payment. In at least one inci-
dence, a surviving spouse waited over two and a half years before being
compensated.

This legislation will create a special unit within the Workers' Compen-
sation Board that will assist injured volunteer firefighters, surviving
spouses and other beneficiaries through the claims process.  It will
also encourage consultation among the workers' compensation board and
the volunteer fire associations. The created Volunteer Firefighters
Benefit Claim Assistance Unit will consist of members currently serving
the Compensation Board. Although the volume of cases is relatively
small, this specialized unit is needed to better serve volunteer fire-
fighter companies and their members by acting as the conduit between the
Board and beneficiary to help expedite the compensation process. While
it is clear that some period of time is required in order to determine
whether a death or injury occurred in the line of duty, excessive delays
in payment should be avoided in order to reduce the hardship felt by
survivors and beneficiaries.

 
PRIOR LEGISLATIVE HISTORY:

S. 7027 of 2020; Referred to Senate Local Government Committee
2017-2018: A.2905 - Referred to Local Governments
2015-2016: A.1718 - Referred to Local Governments
2013-2014: A.1150 - Referred to Local Governments
2011-2012: A.181 - Referred to Local Governments
2009-2010: A.681 - Referred to  Local Governments
2007-2008: A.514 - Referred to Local Governments
2005-2006: A.2042 - Referred to Local Governments
2003-2004: A.10853 - Referred to Local Governments

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized and directed to be made and completed on or before such effective
date.

2021-S382 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    382
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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, in relation  to
   providing  for  temporary  payments  of benefit pending final determi-
   nation of claim

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 40 of the volunteer firefighters' benefit law, as
 amended by chapter 476 of the laws  of  2018,  is  amended  to  read  as
 follows:
   §  40.  [Notice] CLAIM ASSISTANCE UNIT; NOTICE of injury or death. The
 workers' compensation board shall establish  a  volunteer  firefighters'
 benefit  claim assistance unit. Such unit shall be responsible to initi-
 ate contact with any volunteer firefighter who sustains a life threaten-
 ing injury, or in the case of death, the surviving  dependents  of  such
 volunteer  firefighter and shall provide any and all assistance required
 to file claims and expedite payment of any and  all  benefits  allowable
 under this chapter.
   Notice  of  an  injury  or  death for which benefits are to be paid or
 provided under this chapter shall be given to the political  subdivision
 liable  for  the payment thereof within ninety days after such injury or
 death except that such notice need not be given  if  a  claim  is  filed
 pursuant  to  section  forty-one of this [chapter] ARTICLE within ninety
 days after such injury or death. Either such notice may be given by  any
 person  claiming to be entitled to such benefits [or], by someone in his
 or her behalf OR BY A CLAIM ASSISTANT. The notice shall be  in  writing,
 shall  contain  the  name  and address of the volunteer firefighter, and
 state in ordinary language the time, place,  nature  and  cause  of  the
 injury  and  shall  be signed by him or her or by a person on his or her
 behalf or, in case of death, by any one or more of  his  or  her  depen-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01490-01-1

 S. 382                              2
 
 dents,  or  by  a  person on their behalf; OR BY A CLAIM ASSISTANT.  The
 notice shall be given to the clerk of the board of  supervisors  of  the
 county, the comptroller or chief financial officer of the city, the town
 clerk of the town, the clerk of the village or the secretary of the fire
 district,  as  the  case  may be, by delivering it to such officer or by
 registered letter properly addressed to such officer.
   The failure to give notice of injury or notice of death shall be a bar
 to any claim under this chapter unless such failure is  excused  by  the
 workers'  compensation  board  on any of the following grounds, (1) that
 for some sufficient reason the notice could not  have  been  given,  (2)
 that  a  member  of  a  body  in  charge of, or any officer of, the fire
 department or fire company had knowledge within such  ninety-day  period
 of  the  injuries  or  death, (3) that the political subdivision, or its
 insurance carrier had not been prejudiced by  a  delay  in  giving  such
 notice,  or  (4) that the cause of disablement or death was not known to
 be the result of service performed in line of duty as a volunteer  fire-
 fighter  in  sufficient  time  to  comply  with  the  provisions of this
 section.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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