BILL NUMBER: S6812

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the estates, powers and trusts law, in relation to
allowing a duly appointed personal representative of the estate of a
victim of the September eleventh, two thousand one terrorist attacks to
file a claim with the September eleventh victim compensation fund

 
PURPOSE OR GENERAL IDEA OF BILL:

The proposed legislation would treat the filing and processing by the
VCF of a personal injury claim against the VCF of a victim who did not
die as a result of his/her injuries the same as a victim who had died as
a result of his/her injuries.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 11-4.7 of the Estates, Powers and
Trusts Law relating to the liability of the personal representative of a
              

decedent receiving an award from the 9/11 Victims Compensation Fund.

Section two sets the effective date.

 
JUSTIFICATION:

Currently, the Surrogate's court routinely places restrictions on the
letters issued to a personal representative as it pertains to the prose-
cution, compromise and collection of any settlement under New York's
wrongful death statute. A claim against the 9/11 VCF of a victim who
died as a result of his/her 9/11 injury can be filed and processed with-
out additional invention of the Surrogate's Court despite these
restrictions because VCF is able to rely on EPTL 11-4.7e(3) which allows
the filing and processing of the claim despite the restrictions on the
personal representative's powers. Due to the language of EPTL 11-4.7e(3)
which applies to a victim who dies as a result of his/her 9/11 injury, a
claim against the VCF of a victim who did not die as a result of his/her
9/11 injury but still sustained a compensable injury is delayed until an
application is made to the Surrogate's Court for either amended letters
or an order clarifying the restrictions on the letters as it pertains to
the filing of the VCF claim.

This bill seeks to treat all victims of the World Trade Center terrorist
attack and the processing of their claims equally without unnecessary
delay. It also seeks to minimize the administrative burden on the fami-
ly, VCF, and the Surrogate's Court by allowing personal representatives
of 9/11 decedents to file and process claims regardless of whether the
decedent died of the 9/11 illness or simply sustained a 9/11 injury but
died of a different cause.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:



If enacted, this proposed legislation would create administrative
savings in the VCF and the Surrogate's Court due to the elimination of
an unnecessary step in the VCF claims process.

 
EFFECTIVE DATE:
Immediate