S T A T E O F N E W Y O R K
________________________________________________________________________
1113
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. MAZIARZ, SEWARD -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance
AN ACT relating to constituting chapter 64-C of the consolidated laws,
in relation to creating the volunteer peace officers' benefit law; and
to amend the executive law and the general municipal law, in relation
to volunteer peace officer programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Chapter 64-C of the consolidated laws is added to read as
2 follows:
3 CHAPTER 64-C OF THE CONSOLIDATED LAWS
4 VOLUNTEER PEACE OFFICERS' BENEFIT LAW
5 S
6 Article I. SHORT TITLE; PURPOSE; DEFINITIONS ................... 1-3
7 II. COVERAGE AND BENEFITS ............................... 5-25
8 III. LIABILITY FOR BENEFITS; INSURANCE ................... 30-32
9 IV. PROCEDURE ........................................... 40-61
10 V. EFFECT UPON OTHER LAWS .............................. 90
11 ARTICLE I
12 SHORT TITLE; PURPOSE; DEFINITIONS
13 Section 1. Short title.
14 2. Purpose.
15 3. Definitions.
16 S 1. Short title. This chapter shall be known and may be cited as the
17 "volunteer peace officers' benefit law".
18 S 2. Purpose. In recognition of the unselfish service given to the
19 people of New York state by these volunteer peace officers, government
20 has undertaken to provide for them and their families some measure of
21 protection against loss from death or injuries in the line of duty. This
22 chapter establishes a system of benefits for volunteer peace officers
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02291-01-3
S. 1113 2
1 and provides for the administration of such system by the workers'
2 compensation board and the chairman of such board.
3 It is hereby declared that this chapter is intended to effectuate the
4 objects and purposes of section eighteen of article one of the state
5 constitution and that the relationship between the political subdivision
6 or law enforcement agency liable for benefits under this chapter and a
7 volunteer peace officer entitled to such benefits is that of employer
8 and employee within the meaning of such provision of the state constitu-
9 tion.
10 S 3. Definitions. As used in this chapter:
11 1. "Volunteer peace officer" means an active volunteer member of a law
12 enforcement agency as specified on a list regularly maintained by that
13 agency for the purpose of this chapter.
14 2. "Law enforcement agency" means any police department, sheriff's
15 office, local child protective services agency, society for the
16 prevention of cruelty to animals, or any agency authorized by law or by
17 a government agency to engage in or supervise the prevention, detection,
18 investigation, or prosecution of any violation of criminal law.
19 3. "Line of duty" means the performance by a volunteer as a volunteer
20 peace officer of the duties and activities for which the volunteer peace
21 officer does not receive any remuneration or a gratuity and shall be
22 deemed to include any date of injury as determined by the workers'
23 compensation board pursuant to the provisions of section forty-one of
24 this chapter. The following shall not be deemed to be remuneration or a
25 gratuity: reimbursement of expenses for meals, lodging and actual and
26 necessary travel; the receipt of a mileage allowance in lieu of travel
27 expense; and the acceptance of transportation, food, drink, shelter,
28 clothing and similar items while on duty or engaged in such activities.
29 4. "Injury" means any disablement of a volunteer peace officer that
30 results from services performed in the line of duty and such disease or
31 infection as may naturally and unavoidably result from an injury.
32 5. "Child" includes a posthumous child, a child legally adopted prior
33 to the injury of the volunteer peace officer; and a step-child or
34 acknowledged child born out of wedlock dependent upon the deceased
35 volunteer peace officer.
36 6. "Surviving spouse" means the legal wife of a deceased male volun-
37 teer peace officer or the legal husband of a deceased female volunteer
38 peace officer, as the case may be, but shall not include a spouse who
39 has abandoned the deceased. The term "abandoned", as used in this subdi-
40 vision, means such an abandonment as would be sufficient under section
41 two hundred of the domestic relations law to sustain a judgment of sepa-
42 ration on that ground.
43 7. "Dependent" means a surviving spouse entitled to receive benefits
44 under this chapter, whether or not actually dependent upon a volunteer
45 peace officer, unless a contrary meaning is clearly intended.
46 8. "Earning capacity", except as herein provided, means:
47 a. The ability of a volunteer peace officer to perform on a five day
48 or six day basis either the work usually and ordinarily performed by him
49 or her in his or her remunerated employment or other work which for any
50 such worker would be a reasonable substitute for the remunerated employ-
51 ment in which he or she was employed at the time of his or her injury,
52 or
53 b. The ability of a volunteer peace officer to perform on a five day
54 or six day basis either the work usually and ordinarily performed by him
55 or her in the practice of his or her profession or in the conduct of his
56 or her trade or business, including farming, and from which he or she
S. 1113 3
1 could derive earned income or other work which for any such person would
2 be a reasonable substitute for the profession, trade or business in
3 which he or she was engaged at the time of his or her injury.
4 Every volunteer peace officer shall be considered to have earning
5 capacity and, if the provisions of paragraphs a and b of this subdivi-
6 sion are not applicable in any given case, the workers' compensation
7 board, in the interest of justice, shall determine the reasonable earn-
8 ing capacity of the volunteer peace officer with due regard to the
9 provisions of such paragraphs and the work he or she reasonably could be
10 expected to obtain and for which he or she is qualified by age, educa-
11 tion, training and experience. The ability of a volunteer peace officer
12 to perform the duties of a volunteer peace officer, or to engage in
13 activities incidental thereto, may be considered in determining loss of
14 earning capacity, but the inability of a volunteer peace officer to
15 perform such duties or to engage in such activities shall not be a basis
16 of determining loss of earning capacity.
17 9. "State" means all territory within the boundaries of the state of
18 New York, including territory which has been or may hereafter be ceded
19 to the federal government or to the United Nations and territory within
20 the boundaries of Indian reservations.
21 10. "Political subdivision" means a county, city, town, village or
22 fire or law enforcement agency.
23 11. "State fund" means the state insurance fund provided for in arti-
24 cle six of the workers' compensation law.
25 12. "County plan of self-insurance" means a county plan of self-insu-
26 rance under article five of the workers' compensation law.
27 13. "Insurance carrier" means the state fund, the stock corporations,
28 mutual corporations, group self-insurers or reciprocal insurers
29 described in subdivision nine of section thirty of this chapter, a coun-
30 ty plan of self-insurance, or a self-insuring political subdivision.
31 For purposes of this chapter, a nonprofit property/casualty insurance
32 company which is licensed pursuant to subsection (b) of section six
33 thousand seven hundred four of the insurance law shall be deemed a stock
34 corporation and a nonprofit property/casualty insurance company which is
35 licensed as a reciprocal insurer pursuant to subsection (c) of section
36 six thousand seven hundred four of the insurance law shall be deemed a
37 reciprocal insurer.
38 14. "Fund raising activity" means a fund raising activity described in
39 subdivision one of section two hundred four-a of the general municipal
40 law, except that for the purposes of paragraph k of subdivision one of
41 section five of this chapter it shall not include competitive events in
42 which volunteer peace officers are competitors, such as baseball,
43 basketball, football, bowling, tugs of war, donkey baseball, donkey
44 basketball, boxing, wrestling, contests between bands or drum corps, or
45 other competitive events in which volunteer peace officers are compet-
46 itors and which involve physical exertion on the part of the compet-
47 itors. Such term "fund raising activity" shall not include drills,
48 parades, inspections, reviews, competitive tournaments, contests or
49 public exhibitions, described in paragraphs e and h of subdivision one
50 of section five of this chapter, even though prizes are awarded at such
51 events.
52 ARTICLE II
53 COVERAGE AND BENEFITS
54 Section 5. Coverage.
55 6. Volunteer peace officers' benefits; general.
56 7. Death benefits.
S. 1113 4
1 7-a. Date of death benefits.
2 8. Permanent total disability benefits.
3 9. Temporary total disability benefits.
4 10. Permanent partial disability benefits.
5 11. Temporary partial disability benefits.
6 11-a. Repair or replacement of prosthetic devices.
7 11-b. Hazardous exposures.
8 12. Nonschedule adjustments.
9 13. Reclassification of disabilities.
10 14. Previous disability.
11 15. Expense for rehabilitating injured volunteer peace offi-
12 cers.
13 16. Treatment and care.
14 17. Aliens.
15 18. Disposition of accrued benefits upon death.
16 19. Exclusiveness of remedy.
17 20. Other remedies of volunteer peace officers; subrogation.
18 21. Assistance to other states, the Dominion of Canada, prop-
19 erty ceded to the federal government and to Indian
20 reservations.
21 22. Revenues and benefits from sources other than this chap-
22 ter.
23 23. Assignments, exemptions.
24 24. Waiver agreements void.
25 25. Limitation of time.
26 S 5. Coverage. 1. The duties and activities in relation to which bene-
27 fits shall be paid and provided pursuant to this chapter are:
28 a. Necessary travel to, working at, and necessary travel returning
29 from an accident, alarm of accident, or other duty to which his or her
30 law enforcement agency, or any unit thereof, either has responded or
31 would be required or authorized to respond, including necessary travel
32 during such work or incidental thereto.
33 b. While, within the state, personally assisting another law enforce-
34 ment agency or any unit thereof, including, after his or her services
35 have been duly accepted, necessary travel to and returning from such
36 work and necessary travel during such work or incidental thereto.
37 c. While, within the state and pursuant to orders or authorization,
38 performing duties at the law enforcement facility, or elsewhere, direct-
39 ly related to: (1) the prevention of accidents or other disasters, or
40 (2) the delivery of emergency health care.
41 d. While, within this country or in Canada and pursuant to orders or
42 authorization, instructing or being instructed in lawful duties, attend-
43 ing a training school or course of instruction for volunteer peace offi-
44 cers, or attending or participating in any noncompetitive training
45 program, including necessary travel directly connected therewith.
46 e. While, within the state, any adjoining state or in Canada and
47 pursuant to orders or authorization, attending or participating in any
48 drill, parade, funeral, inspection or review in which his or her law
49 enforcement agency, or any unit thereof, is engaged, including necessary
50 travel directly connected therewith.
51 f. While, within the state and pursuant to orders or authorization,
52 attending or working at meetings of his or her law enforcement agency,
53 or any organized unit thereof, at the law enforcement agency or other
54 regular or special headquarters of the department, company or unit,
55 including necessary travel directly connected therewith other than trav-
56 el to or returning from such meetings.
S. 1113 5
1 g. While, within the state and pursuant to orders or authorization,
2 working in connection with the construction, testing, inspection, repair
3 or maintenance of (1) the law enforcement agency facility and the
4 fixtures, furnishings and equipment thereof, and (2) the law enforcement
5 agency vehicles, apparatus and equipment used by the law enforcement
6 agency, or other unit thereof, including necessary travel directly
7 connected therewith other than travel to or returning from such work.
8 h. While, within the state, any adjoining state or in Canada and
9 pursuant to orders or authorization, practicing for, or participating as
10 a contestant or an official in, any competitive tournament, contest or
11 public exhibition conducted for peace officers which is intended to
12 promote the efficiency of the law enforcement agency or any unit there-
13 of, including necessary travel directly connected therewith other than
14 travel to and returning from such practice. The actual rendition of the
15 law enforcement agency or other emergency service shall not be deemed
16 "practicing" within the meaning of this paragraph.
17 i. While, pursuant to orders or authorization, engaged in the
18 inspection of vehicles and apparatus prior to delivery under a contract
19 of purchase, or performing duties in relation to the delivery thereof,
20 including necessary travel directly connected therewith.
21 j. While, within this country or Canada and pursuant to orders or
22 authorization, attending a convention or conference of volunteer peace
23 officers as the authorized delegate or representative of his or her
24 department, or any unit thereof, including necessary travel directly
25 connected therewith.
26 k. While, within the state and pursuant to orders or authorization,
27 working in connection with a fund raising activity of his or her depart-
28 ment, including necessary travel directly connected therewith, but shall
29 not include competitive events in which volunteer peace officers are
30 competitors, such as baseball, basketball, football, bowling, tugs of
31 war, donkey baseball, donkey basketball, boxing, wrestling, contests
32 between bands or drum corps, or other competitive events in which volun-
33 teer peace officers are competitors and which involve physical exertion
34 on the part of the competitors.
35 2. Benefits shall not be paid and provided pursuant to this chapter in
36 the following instances:
37 a. Work or service rendered by a volunteer peace officer while on a
38 leave of absence pursuant to the general municipal law or pursuant to
39 any other general, special or local law, charter or ordinance or pursu-
40 ant to the constitution, by-laws, rules or regulations applicable to the
41 department of which he or she is a member.
42 b. Practice for and participation in any recreational, social, or fund
43 raising activity other than a fund raising activity for which coverage
44 is provided under paragraph k of subdivision one of this section.
45 c. Work or service rendered by a volunteer peace officer while
46 suspended from duty pursuant to any general, special or local law, char-
47 ter or ordinance or pursuant to the constitution, by-laws, rules or
48 regulations applicable to the department of which he or she is a member.
49 d. Work or service not rendered as a volunteer peace officer, but
50 rendered as an officer, official or employee of a public corporation or
51 any special district thereof, whether with or without remuneration, even
52 though by law a requirement for such office, position or employment
53 shall be that such officer, official or employee shall have been or must
54 be a volunteer peace officer.
55 e. Work or service not rendered as a volunteer peace officer, but
56 rendered in the course of his or her employment for a private employer.
S. 1113 6
1 f. Work, service or activities in which the volunteer peace officer
2 has been ordered not to participate. This subdivision shall not be
3 deemed to enumerate all of the activities engaged in by volunteer peace
4 officers for which mandatory coverage is not provided by this chapter,
5 or to prohibit any of the activities described in this subdivision, or
6 to prevent the securing of insurance pursuant to section four thousand
7 two hundred thirty-seven of the insurance law to cover volunteer peace
8 officers when engaged in activities other than those for which mandatory
9 coverage is provided by this chapter.
10 S 6. Volunteer peace officers' benefits; general. If a volunteer peace
11 officer dies from the effects of injury in the line of duty, or if such
12 a peace officer shall be injured in the line of duty, benefits shall be
13 paid and provided pursuant to this chapter, except that there shall be
14 no liability for such benefits when the injury has been solely occa-
15 sioned by intoxication of the volunteer peace officer while acting in
16 line of duty or by the wilful intention of the volunteer peace officer
17 to bring about the injury or death of himself, herself or another.
18 S 7. Death benefits. In the event of death the benefit shall be known
19 as a death benefit and shall be paid as follows:
20 1. The reasonable funeral expenses of the deceased volunteer peace
21 officer shall be paid in an amount not exceeding three thousand dollars.
22 If such funeral expenses shall have been paid by a person entitled to
23 benefits under this section or by others, the funeral expenses awarded
24 shall be made payable to such beneficiary or others; otherwise they
25 shall be payable to the undertaker who provided the burial. Funeral
26 expenses shall be awarded in all death cases.
27 2. If there be a surviving spouse, to such spouse the lump sum of five
28 thousand dollars, but if there be no surviving spouse, then to the exec-
29 utor or administrator of the estate of the volunteer peace officer, the
30 lump sum of five thousand dollars. Such sum shall be in addition to any
31 other benefits provided in this chapter and shall not be diminished by
32 benefits paid to the volunteer peace officer during his or her lifetime.
33 Any money paid to an executor or administrator pursuant to the
34 provisions of this subdivision shall be distributed in the manner
35 provided by the laws of this state for the distribution of the personal
36 property of an intestate decedent.
37 3. In the case of a death of a volunteer peace officer, on or after
38 the effective date of this chapter, if there be a surviving spouse and
39 no surviving child of the deceased under the age of eighteen years or
40 under the age of twenty-five years who is enrolled as a full time
41 student in any accredited educational institution and no surviving child
42 of any age dependent blind or physically disabled, to such spouse three
43 hundred dollars for each week until remarried, and upon such remarriage
44 the lump sum of thirty-one thousand two hundred dollars.
45 4. If any person under the age of eighteen years is an inmate of any
46 institution and a public charge upon the state or any political subdivi-
47 sion, the benefits allowed hereunder shall be payable to the state or
48 political subdivision to the extent of the reasonable charges for care
49 and maintenance, during the continuance as a public charge in such
50 institution of such beneficiary and until he or she shall have attained
51 the age of eighteen years. Any sum or sums remaining after such payments
52 shall be distributed as provided in this section.
53 5. The term "dependent blind or physically disabled", as used in this
54 section in relation to dependent children, means totally blind or phys-
55 ically disabled dependent children whose disablement is total and perma-
56 nent.
S. 1113 7
1 6. All questions of dependency shall be determined as of the time of
2 the injury.
3 7. The workers' compensation board may in its discretion require the
4 appointment of a guardian for the purpose of receiving benefits payable
5 to a minor child or a dependent blind or physically disabled child. In
6 the absence of such a requirement by such board the appointment of a
7 guardian for such purposes shall not be necessary.
8 8. In the case of a death of a volunteer peace officer, on or after
9 the effective date of this chapter, that results from services performed
10 in the line of duty, if there be a surviving spouse and a surviving
11 child or children of the deceased under the age of eighteen years or
12 under the age of twenty-five years who is enrolled as a full time
13 student in any accredited educational institution or a surviving child
14 or children of any age dependent blind or physically disabled, to such
15 spouse one hundred sixty-five dollars for each week until remarried, and
16 the additional amount of one hundred thirty-five dollars for each week
17 for such child or children, share and share alike, until the age of
18 eighteen years or under the age of twenty-five years who is enrolled as
19 a full time student in any accredited educational institution or until
20 the removal of the dependency of the blind or physically disabled child
21 or children.
22 In the case of the death of such surviving spouse, the surviving child
23 or children of the deceased peace officer, at the time under eighteen
24 years of age or under the age of twenty-five years who is enrolled as a
25 full time student in any accredited educational institution or dependent
26 through mental or physical infirmity, shall have his or her or their
27 benefit increased to three hundred dollars for each week, share and
28 share alike, and the same shall be payable until he or she or they shall
29 reach the age of eighteen years or twenty-five years, as the case may
30 be, or until such dependent blind or physically disabled condition shall
31 have been removed. Upon the remarriage of such surviving spouse prior to
32 the statutory termination of benefits to all such children, such spouse
33 shall be paid the lump sum of seventeen thousand one hundred sixty
34 dollars; and the surviving child shall continue to receive weekly
35 payments of one hundred thirty-five dollars; if there be two surviving
36 children, each shall receive one hundred twelve dollars and fifty cents
37 per week; and if there be more than two surviving children, they shall
38 receive three hundred dollars per week, share and share alike; and the
39 same shall be payable until he or she or they shall reach the age of
40 eighteen years or twenty-five years, as the case may be, or until such
41 dependent blind or physically disabled condition shall have been
42 removed. Upon statutory termination of payments to all such children,
43 the payments to the surviving spouse shall be increased to three hundred
44 dollars for each week until such spouse remarries, and upon such remar-
45 riage, such spouse shall be paid the lump sum of thirty-one thousand two
46 hundred dollars. In no event shall the total amount payable for each
47 week under this subdivision exceed three hundred dollars.
48 9. In the case of a death of a volunteer peace officer, on or after
49 the effective date of this chapter, that results from services performed
50 in the line of duty, if there be surviving a child or children of the
51 deceased under the age of eighteen years or under the age of twenty-five
52 years who is enrolled as a full time student in any accredited educa-
53 tional institution or a dependent blind or physically disabled child or
54 children of any age, but no surviving spouse, for the support of such
55 child or children until the age of eighteen years or twenty-five years
56 as the case may be, or until the removal of the dependency of such blind
S. 1113 8
1 or physically disabled child or children, three hundred dollars, share
2 and share alike, for each week; provided that the total amount payable
3 for each week under this subdivision shall not exceed three hundred
4 dollars per week.
5 10. In the case of a death of a volunteer peace officer, on or after
6 the effective date of this chapter, that results from services performed
7 in the line of duty, if there be no surviving spouse or child of the
8 deceased under the age of eighteen years or under the age of twenty-five
9 years who is enrolled as a full time student in any accredited educa-
10 tional institution or dependent blind or physically disabled child of
11 the deceased of any age, then for the support of grandchildren or broth-
12 ers and sisters under the age of eighteen years or under the age of
13 twenty-five years who is enrolled as a full time student in any accred-
14 ited educational institution if dependent upon the deceased at the time
15 of the injury, one hundred twelve dollars and fifty cents for each week
16 for the support of each such person until the age of eighteen years or
17 twenty-five years as the case may be, and for the support of each parent
18 or grandparent of the deceased, if dependent upon the deceased at the
19 time of the injury, one hundred eighty dollars for each week during such
20 dependency, but in no case shall the aggregate amount payable under this
21 subdivision exceed three hundred dollars per week.
22 S 7-a. Date of death benefits. All weekly benefits payable under
23 section seven of this article shall accrue as of the date of death of
24 the volunteer peace officer. In the event that a person or persons enti-
25 tled to weekly benefits shall die before a determination is made on the
26 merits of their claim, and such determination on the merits is ultimate-
27 ly in their favor, then all weekly benefits due from the date of death
28 of the volunteer peace officer up to the date of death of the person or
29 persons entitled to such weekly benefits shall be paid to the executor
30 or administrator of the estate of such person or persons.
31 S 8. Permanent total disability benefits. In the case of total disa-
32 bility adjudged to be permanent the volunteer peace officer shall be
33 paid four hundred dollars for each week during the continuance thereof.
34 Permanent total disability, within the meaning of this section, shall
35 exist only if the earning capacity of the volunteer peace officer has
36 been lost permanently and totally as the result of the injury. The loss
37 of both hands, or both arms, or both feet, or both legs, or both eyes,
38 or any two thereof, shall, in the absence of conclusive proof to the
39 contrary, constitute permanent total disability, but in all other cases
40 permanent total disability shall be determined in accordance with the
41 facts. Notwithstanding any other provisions of this chapter, an injured
42 volunteer peace officer disabled due to the loss or total loss of use of
43 both eyes, or both hands, or both arms, or both feet, or both legs, or
44 any two thereof shall not suffer any diminution of such weekly benefit
45 by engaging in business or employment provided his or her weekly earn-
46 ings or wages, when combined with his or her weekly benefit shall not be
47 in excess of six hundred dollars; and further provided that the applica-
48 tion of this section shall not result in reduction of benefits which an
49 injured volunteer peace officer who is disabled due to the loss or total
50 loss of use of both eyes, or both hands, or both arms, or both feet, or
51 both legs, or any two thereof would otherwise be entitled to under any
52 other provisions of this article.
53 S 9. Temporary total disability benefits. In the case of temporary
54 total disability the volunteer peace officer shall be paid three hundred
55 dollars for each week during the continuance thereof.
S. 1113 9
1 S 10. Permanent partial disability benefits. 1. In the case of disa-
2 bility partial in character, but permanent in quality, the volunteer
3 peace officer, injured in the line of duty shall be paid one hundred
4 fifty dollars for each week for the period specified in this subdivision
5 as follows:
6 a. Loss of member.
7 Member lost Number of weeks
8 Arm ........................................................ 312
9 Leg ........................................................ 288
10 Hand ....................................................... 244
11 Foot ....................................................... 205
12 Eye ........................................................ 160
13 Thumb ...................................................... 75
14 First finger ............................................... 46
15 Great toe .................................................. 38
16 Second finger .............................................. 30
17 Third finger ............................................... 25
18 Toe other than great toe ................................... 16
19 Fourth finger .............................................. 15
20 If more than one phalange of a digit shall be lost, the period shall
21 be the same as for the loss of the entire digit. If only the first
22 phalange shall be lost, the period shall be one-half the period for loss
23 of the entire digit. The period for loss or loss of use of two or more
24 digits, or one or more phalanges of two or more digits, of a hand or
25 foot, may be proportioned to the period for the loss of use of the hand
26 or foot occasioned thereby, but shall not exceed the period for the loss
27 of a hand or foot. If an arm or leg shall be amputated at or above the
28 wrist or ankle, the period for such loss shall be in proportion to the
29 period for the loss of the arm or leg. In the case of loss of binocular
30 vision or of eighty per centum or more of the vision of an eye, the
31 period shall be the same as for the loss of the eye.
32 b. Loss of hearing. In the case of the complete loss of the hearing of
33 one ear, sixty weeks; for the loss of hearing of both ears, one hundred
34 fifty weeks.
35 c. Total loss of use. In the case of permanent total loss of use of a
36 member, the compensation shall be the same as for the loss of the
37 member.
38 d. Partial loss or partial loss of use. Except as above provided in
39 this subdivision, in the case of permanent partial loss or loss of use
40 of a member, the period shall be for the proportionate loss or loss of
41 use of the member. Compensation for permanent partial loss of use of an
42 eye shall be awarded on the basis of uncorrected loss of vision or
43 corrected loss of vision resulting from an injury whichever is greater.
44 e. Disfigurement. In the case of serious facial or head disfigurement,
45 including a disfigurement continuous in length which is partly in the
46 facial area and also extends into the neck region as described in this
47 paragraph, the volunteer peace officer shall be paid in a lump sum a
48 proper and equitable amount, which shall be determined by the workers'
49 compensation board. If the earning capacity of the volunteer peace offi-
50 cer shall have been impaired, or may in the future be impaired, by any
51 serious disfigurement in the region above the sterno clavicular artic-
52 ulations anterior to and including the region of the sterno cleido
53 mastoid muscles on either side, the volunteer peace officer shall be
54 paid in a lump sum a proper and equitable amount which shall be deter-
55 mined by such board. Two or more serious disfigurements, not continuous
56 in length, resulting from the same injury, if partially in the facial
S. 1113 10
1 area and partially in such neck region, shall be deemed to be a facial
2 disfigurement. An award, or the aggregate of the awards, to a volunteer
3 peace officer under this paragraph shall not exceed twenty thousand
4 dollars.
5 f. Total or partial loss or loss of use of more than one member. In
6 any case in which there shall be a loss or loss of use of more than one
7 member or parts of more than one member set forth above in paragraphs a
8 through e, both inclusive, of this subdivision, but not amounting to
9 permanent total disability, the periods for loss or loss of use of each
10 such member or part thereof shall run consecutively.
11 g. Other cases. In all other cases of permanent partial disability the
12 volunteer peace officer shall be paid for each week, during the contin-
13 uance thereof, as follows:
14 (1) If the percentage of loss of earning capacity is seventy-five per
15 centum, or greater, he or she shall be paid one hundred fifty dollars
16 for each week.
17 (2) If the percentage of loss of earning capacity is fifty per centum,
18 or greater, but less than seventy-five per centum, he or she shall be
19 paid one hundred dollars for each week.
20 (3) If the percentage of loss of earning capacity is twenty-five per
21 centum, or greater, but less than fifty per centum, he or she shall be
22 paid thirty dollars for each week.
23 (4) If the percentage of loss of earning capacity is less than twen-
24 ty-five per centum, he or she shall not be paid any weekly benefit.
25 Permanent partial disability, within the meaning of this paragraph,
26 shall exist only if the earning capacity of the volunteer peace officer
27 has been permanently and partially lost as the result of the injury. The
28 workers' compensation board shall determine the degree of such disabili-
29 ty and such board may reconsider such degree on its own motion or upon
30 application of any party in interest.
31 2. An award made to a claimant under this section shall in case of
32 death arising from causes other than the injury be payable to and for
33 the benefit of the persons following:
34 a. If there be a surviving spouse and no child of the deceased under
35 the age of eighteen years, to such spouse.
36 b. If there be a surviving spouse and surviving child or children of
37 the deceased under the age of eighteen years, one-half shall be payable
38 to the surviving spouse and the other half to the surviving child or
39 children.
40 c. If there be a surviving child or children of the deceased under the
41 age of eighteen years, but no surviving spouse, then to such child or
42 children.
43 d. If there be no surviving spouse and no surviving child or children
44 of the deceased under the age of eighteen years, then to such dependent
45 or dependents as defined in section seven of this article, as directed
46 by the workers' compensation board; and if there shall be no such depen-
47 dents, then to the estate of such deceased in an amount not exceeding
48 reasonable funeral expenses as provided in subdivision one of section
49 seven of this article, or, if there be no estate, to the person or
50 persons paying the funeral expenses of such deceased in an amount not
51 exceeding reasonable funeral expenses as provided in such subdivision
52 one.
53 S 11. Temporary partial disability benefits. In the case of temporary
54 partial disability the volunteer peace officer shall be paid for each
55 week during the continuance thereof, as follows:
S. 1113 11
1 1. If the percentage of loss of earning capacity is seventy-five per
2 centum, or greater, he or she shall be paid one hundred fifty dollars
3 for each week.
4 2. If the percentage of loss of earning capacity is fifty per centum,
5 or greater, but less than seventy-five per centum, he or she shall be
6 paid one hundred dollars for each week.
7 3. If the percentage of loss of earning capacity is twenty-five per
8 centum, or greater, but less than fifty per centum, he or she shall be
9 paid thirty dollars for each week.
10 4. If the percentage of loss of earning capacity is less than twenty-
11 five per centum, he or she shall not be paid any weekly benefit.
12 Temporary partial disability, within the meaning of this section,
13 shall exist only if the earning capacity of the volunteer peace officer
14 has been temporarily and partially lost as the result of the injury. The
15 workers' compensation board shall determine the degree of such disabili-
16 ty and such board may reconsider such degree on its own motion or upon
17 application of any party in interest.
18 S 11-a. Repair or replacement of prosthetic devices. If, as a result
19 of services performed in the line of duty, a volunteer peace officer
20 damages or loses any prosthetic devices required to be worn or used by
21 him or her, whether or not he or she is injured, such prosthetic device
22 shall be repaired, or replaced in the discretion of the workers' compen-
23 sation board, and necessary medical, surgical or other attendance or
24 treatment, nurse and hospital service, in connection therewith shall be
25 furnished, in the same manner as a prosthetic device would be furnished,
26 replaced or repaired and treatment and care provided under the
27 provisions of section sixteen of this article. Damage to or loss of a
28 prosthetic device shall be deemed an injury, except that no disability
29 benefits shall be payable with respect to such injury under sections
30 eight, nine, ten and eleven of this article. The term "prosthetic
31 device" as used in this section includes an artificial limb, artificial
32 eye, eyeglasses, contact lens, hearing aid, denture or dental appliance
33 or any surgical appliance required to be worn or used by the volunteer
34 peace officer, but shall not include shoes or any other article consid-
35 ered as ordinary wearing apparel, whether or not specially constructed.
36 S 11-b. Hazardous exposures. If, as a result of services performed in
37 the line of duty, a volunteer peace officer is exposed to or comes in
38 contact with any poisons, gases, x-rays, radium, radioactive materials
39 or other potentially harmful substances or matter, the captain or other
40 executive officer of the department, or law enforcement agency of which
41 he or she is a member may authorize the volunteer peace officer to
42 obtain such examinations, tests, treatment and care as are immediately
43 necessary to determine whether he or she is injured. Any such authori-
44 zation may be granted prior to the giving of a notice of injury under
45 this chapter. In any such case, the volunteer peace officer shall be
46 deemed to have been injured and shall be entitled to treatment and care
47 and disability benefits as provided in this chapter.
48 S 12. Nonschedule adjustments. Notwithstanding any other provision of
49 this chapter, in any case coming within the provisions of sections ten
50 and eleven of this article, in which the right to benefits has been
51 established and benefits have been paid for not less than three months,
52 in which the continuance of disability cannot be ascertained with
53 reasonable certainty, the workers' compensation board may, in the inter-
54 est of justice, approve a nonschedule adjustment agreed to between the
55 claimant and the political subdivision liable for the payment of bene-
56 fits or its insurance carrier. The provisions of subdivision five-b of
S. 1113 12
1 section fifteen of the workers' compensation law shall apply in any such
2 case.
3 S 13. Reclassification of disabilities. Subject to the limitations in
4 section fifty-one of this chapter and in section one hundred twenty-
5 three of the workers' compensation law as made applicable to this chap-
6 ter by section fifty-seven of this chapter, the workers' compensation
7 board may at any time, without regard to the date of the injury, upon
8 its own motion, or on application of any party in interest, reclassify a
9 disability upon proof that there has been a change in condition, or that
10 the previous classification was erroneous and not in the interest of
11 justice.
12 S 14. Previous disability. The fact that a volunteer peace officer has
13 suffered previous disability or received benefits therefor as provided
14 in the workers' compensation law, or this chapter shall not preclude him
15 or her from benefits for a later injury nor preclude death benefits for
16 death resulting therefrom; provided, however, that a volunteer peace
17 officer who is suffering from a previous disability shall not receive
18 benefits for a later injury in excess of the benefits allowed for such
19 injury when considered by itself and not in conjunction with the previ-
20 ous disability. Notwithstanding the foregoing provisions of this
21 section, if a volunteer peace officer has previously incurred permanent
22 partial disability through the loss or loss of use of one hand, one arm,
23 one foot, one leg, or one eye, and suffers the loss or loss of use of
24 another such major member or eye, he or she may be adjudged permanently
25 totally disabled and receive benefits for permanent total disability as
26 provided in section eight of this article.
27 S 15. Expense for rehabilitating injured volunteer peace officers. A
28 volunteer peace officer, who as a result of injury is or may be expected
29 to be totally or partially incapacitated for a remunerative occupation
30 and who, under the direction of the state education department is being
31 rendered fit to engage in a remunerative occupation, may receive such
32 additional financial benefit necessary for his or her rehabilitation as
33 the workers' compensation board shall determine. Not more than thirty
34 dollars per week of such additional amount shall be expended for mainte-
35 nance. Such expense and such of the administrative expenses of the state
36 education department as are properly assignable to the expenses of reha-
37 bilitating such volunteer peace officers shall be paid out of the voca-
38 tional rehabilitation fund created pursuant to subdivision nine of
39 section fifteen of the workers' compensation law. Any such volunteer
40 peace officer for the purposes of such fund shall be considered an
41 employee of the political subdivision or law enforcement agency liable
42 for the payment of benefits to such volunteer peace officer under this
43 chapter and such "employer" or its insurance carrier, as the case may
44 be, shall make the same financial contribution to such fund as required
45 by subdivision nine of section fifteen of the workers' compensation law
46 in every case of injury causing death of a volunteer peace officer in
47 which there are no persons entitled to financial benefits under this
48 chapter other than (1) funeral expenses and (2) the death benefit
49 provided in subdivision two of section seven of this article.
50 S 16. Treatment and care. A volunteer peace officer injured in the
51 line of duty shall be entitled to receive medical, surgical, podiatric,
52 chiropractic, psychological and other attendance and treatment, nurse
53 and hospital service, medicine, crutches, artificial members, devices,
54 appliances, and apparatus, including the replacement and repair thereof,
55 for such period as the nature of the injury or the process of recovery
56 may require and the political subdivision or law enforcement agency
S. 1113 13
1 liable for the payment of benefits to the volunteer peace officer under
2 this chapter because of such injury shall be liable therefor and the
3 cost thereof shall be audited, raised and paid as provided in section
4 thirty of this chapter. The provisions of sections thirteen through
5 thirteen-m, inclusive, and sections nineteen through nineteen-b, inclu-
6 sive, of the workers' compensation law, to the extent that such
7 provisions are not inconsistent with this chapter, shall be applicable
8 in relation to any injured volunteer peace officer, political subdivi-
9 sion and third persons as fully as if set forth in this chapter.
10 S 17. Aliens. Financial benefits payable under this chapter to aliens
11 not residents or about to become nonresidents of the United States or
12 Canada shall be in the same amount as provided for residents, except
13 that dependents in any foreign country shall be limited to surviving
14 spouse and child or children, or, if there be no surviving spouse or
15 child or children, to the surviving father or mother whom the volunteer
16 peace officer has supported, either wholly or in part, for a period of
17 one year prior to the date of the injury.
18 S 18. Disposition of accrued benefits upon death. Except as otherwise
19 provided in section ten of this article, in the case of the death of an
20 injured volunteer peace officer to whom there was due at the time of his
21 or her death any benefits under the provisions of this chapter, the
22 amount of such benefits shall be payable to the surviving spouse, if
23 there be one, or, if none, to the surviving child or children of the
24 deceased under the age of eighteen years, and if there be no surviving
25 spouse or children, then to the dependents of such deceased or to any of
26 them as the workers' compensation board may direct, and if there be no
27 surviving spouse, children or dependents of such deceased, then to his
28 or her estate. An award for disability may be made after the death of an
29 injured volunteer peace officer.
30 S 19. Exclusiveness of remedy. The benefits provided by this chapter
31 shall be the exclusive remedy of a volunteer peace officer, or his or
32 her spouse, parents, dependents, next of kin, executor or administrator,
33 or anyone otherwise entitled to recover damages, at common law or other-
34 wise, for or on account of an injury to a volunteer peace officer in the
35 line of duty or death resulting from an injury to a volunteer peace
36 officer in the line of duty, as against:
37 1. the political subdivision or law enforcement agency liable for the
38 payment of such benefits,
39 2. the political subdivision regularly served by the law enforcement
40 agency of which the volunteer peace officer is a member, whether or not
41 pursuant to a contract for law enforcement services, even though any
42 such political subdivision is not liable for the payment of such bene-
43 fits in the circumstances, and
44 3. any person or company acting under governmental or statutory
45 authority in furtherance of the duties or activities in relation to
46 which any such injury resulted; provided, however, that the benefits
47 provided by this chapter shall not be the exclusive remedy as against
48 persons who, in the furtherance of the same duties or activities, are
49 not similarly barred from recourse against the volunteer peace officer,
50 or his or her executor or administrator.
51 S 20. Other remedies of volunteer peace officers; subrogation. The
52 provisions of section twenty-nine of the workers' compensation law to
53 the extent that such provisions are not inconsistent with the provisions
54 of this chapter, shall be applicable as fully as if set forth in this
55 chapter.
S. 1113 14
1 S 21. Assistance to other states, the Dominion of Canada, property
2 ceded to the federal government and to Indian reservations. 1. Whenever
3 a department in this state shall answer a call to furnish assistance to
4 any political subdivision or territory of another state of the United
5 States or of the Dominion of Canada, or property ceded to the federal
6 government, the provisions of this chapter shall apply with respect to
7 the volunteer peace officers of such department, while such assistance
8 is being rendered or while going to or returning from the place from
9 where the assistance is to be or was rendered, to the same extent and in
10 the same manner as if such service had been rendered in or for the area
11 regularly served by such volunteer peace officer; provided, however,
12 that there shall be deducted from any amounts payable under this chapter
13 any amounts recoverable by or payable to any such volunteer peace offi-
14 cer under the laws applicable in the political subdivision or territory
15 for which the call for assistance was made.
16 2. The provisions of this chapter shall apply with respect to volun-
17 teer peace officers of departments of other states of the United States
18 and of the Dominion of Canada who render service in this state in answer
19 to a call for assistance to the territory regularly served by a law
20 enforcement agency described in subdivisions one through five, inclu-
21 sive, of section thirty of this chapter and, for the purposes of deter-
22 mining liability for benefits under this chapter, any such volunteer
23 peace officer shall be considered as a volunteer member of the depart-
24 ment of the territory for which service has been rendered in this state
25 pursuant to a call for assistance; provided that the laws of the state
26 served by such volunteer peace officers, departments or law enforcement
27 agency, or of the Dominion of Canada, as the case may be, contain
28 provisions under which benefits are granted in relation to volunteer
29 peace officers of this state who are killed or injured when rendering
30 service in such other states, or the Dominion of Canada, as the case may
31 be, in answer to a call for assistance; provided, however, that there
32 shall be deducted from any amounts payable under the provisions of this
33 chapter to a volunteer peace officer of such other states or of the
34 Dominion of Canada, any amounts recoverable by or payable to such volun-
35 teer peace officer under the laws of the state served by such volunteer
36 peace officer or of the Dominion of Canada, as the case may be.
37 3. Whenever a law enforcement agency in this state shall answer a call
38 for assistance to be rendered to any part of an Indian reservation the
39 provisions of this chapter shall apply with respect to the volunteer
40 peace officers of such law enforcement agency or department, while such
41 assistance is being rendered or while going to or returning from the
42 place from where the assistance is to be or was rendered, to the same
43 extent and in the same manner as if such service had been rendered in or
44 for the area regularly served by such volunteer peace officers.
45 S 22. Revenues and benefits from sources other than this chapter. 1.
46 Benefits, savings or insurance of the injured or deceased volunteer
47 peace officer, or insurance carried for his or her benefit under
48 subsection (a) of section four thousand two hundred thirty-seven of the
49 insurance law, shall not be considered in determining the benefits to be
50 paid and provided under this chapter, nor shall such benefits be dimin-
51 ished or reduced by reason of the payment to an injured volunteer peace
52 officer of salary, wages or other remuneration by any political subdivi-
53 sion liable for the payment of such benefits.
54 2. Benefits received from any political subdivision pursuant to
55 service award payments authorized by article eleven-AA of the general
S. 1113 15
1 municipal law shall not be considered in determining the benefits to be
2 paid and provided under this chapter.
3 S 23. Assignments, exemptions. Benefits payable under this article
4 shall not be assigned, released or commuted, except as provided by this
5 chapter, and shall be exempt from all claims of creditors and from levy,
6 execution and attachment or other remedy for recovery or collection of a
7 debt, which exemption may not be waived. Such benefits shall be paid
8 only to volunteer peace officers or their dependents except as otherwise
9 provided in this chapter.
10 S 24. Waiver agreements void. No agreement by a volunteer peace offi-
11 cer to waive his or her right to benefits under this chapter shall be
12 valid.
13 S 25. Limitation of time. No limitation of time provided in this chap-
14 ter shall run as against any person who is mentally incompetent or a
15 minor so long as he has no committee or guardian.
16 ARTICLE III
17 LIABILITY FOR BENEFITS; INSURANCE
18 Section 30. Liability for and payment of benefits.
19 31. The insurance contract.
20 32. Group insurance.
21 S 30. Liability for and payment of benefits. Except as otherwise
22 provided in article five of the workers' compensation law and in section
23 twenty-one of this chapter:
24 1. If at the time of injury the volunteer peace officer was a member
25 of a law enforcement agency of a county, city, town, village or law
26 enforcement agency, any benefit under this chapter shall be a county,
27 city, town, village or law enforcement agency charge, as the case may
28 be, and any claim therefor shall be audited in the same manner as other
29 claims against the county, city, town, village or law enforcement agency
30 and the amount thereof shall be raised and paid in the same manner as
31 other county, city, town, village or law enforcement agency charges.
32 2. If at the time of injury the volunteer peace officer was a volun-
33 teer member of a law enforcement agency which uses volunteer peace offi-
34 cers, any benefit under this chapter shall be a city, village or law
35 enforcement agency charge, as the case may be, and any claim therefor
36 shall be audited in the same manner as other claims against the city,
37 village or law enforcement agency and the amount thereof shall be raised
38 and paid in the same manner as other city, village or law enforcement
39 agency charges.
40 3. If at the time of injury the volunteer peace officer was a member
41 of a law enforcement agency and located outside of a city, village or
42 law enforcement agency any benefit under this chapter shall be a town
43 charge and any claim therefor shall be audited and paid in the same
44 manner as town charges and the amount thereof raised upon the property
45 liable to taxation in such outside territory protected by such law
46 enforcement agency in the same manner as town charges therein are
47 raised.
48 4. If at the time of injury the volunteer peace officer was a member
49 of a law enforcement agency operating in, or maintained jointly by two
50 or more villages, or two or more towns, or two or more law enforcement
51 agencies, any benefit under this chapter shall be a charge against such
52 villages, towns or law enforcement agencies, in the proportion that the
53 full valuation of taxable real estate in each bears to the aggregate
54 full valuation of the taxable real estate of all such villages, towns or
55 law enforcement agencies and the amount thereof shall be audited, raised
56 and paid in the same manner as other village, town or law enforcement
S. 1113 16
1 agency charges. Full valuation shall be determined by dividing the
2 assessed valuations of taxable real estate of each such village, town or
3 law enforcement agency as shown by the latest completed assessment roll
4 of the village, town or law enforcement agency by the equalization rate
5 established by the authorized state agency or officer for such roll;
6 provided, however, in a county having a county department of assessment
7 the full valuation in towns and law enforcement agencies shall be deter-
8 mined by applying the state equalization rate established for the town,
9 or the town in which the law enforcement agency is located, to the
10 appropriate portion of the last completed county roll.
11 5. Any political subdivision may finance the payment of any benefits
12 to be paid and provided under this chapter by the issuance of serial
13 bonds or capital notes pursuant to the local finance law unless it is
14 required by some law, other than this chapter, to pay such benefits from
15 current funds.
16 6. Any political subdivision may contract for insurance indemnifying
17 against the liability imposed by this chapter and the cost of such
18 insurance shall be audited, raised and paid in the same manner as bene-
19 fits are required to be audited, raised and paid in this section.
20 7. Insurance authorized to be purchased pursuant to subdivision seven
21 of this section may be secured from the state fund or any stock corpo-
22 ration, mutual corporation, group self-insurers or reciprocal insurer
23 authorized to transact the business of workers' compensation in this
24 state. If such insurance is not secured, the political subdivision
25 liable shall be deemed to have elected to be a self-insurer unless it is
26 a participant in a county plan of self-insurance or its liability for
27 benefits under this chapter is covered by a town's participation in a
28 county plan of self-insurance as provided in subdivision nine of section
29 sixty-three of the workers' compensation law. Every such self-insurer
30 shall file with the chair of the workers' compensation board a notice of
31 such election prescribed in form by such chair. For failure to file such
32 notice within ten days after such election is made, the treasurer or
33 other fiscal officer of such political subdivision shall be liable to
34 pay to the chair of the workers' compensation board the sum of one
35 hundred dollars as a penalty, to be transferred to the state treasury. A
36 notice of election to be a self-insurer for compensation and benefits to
37 volunteer peace officers under the provisions of the workers' compen-
38 sation law and the general municipal law in effect prior to March first,
39 in the year of the effective date of this chapter, which was filed prior
40 to such date pursuant to the provisions of subdivision four of section
41 fifty of the workers' compensation law as in effect prior to such date
42 shall be deemed to be a notice of election filed under this section
43 unless the chair of the workers' compensation board is notified to the
44 contrary. The provisions of subdivision five of section fifty of the
45 workers' compensation law shall be applicable to such self-insurers.
46 8. The governing board of a political subdivision liable for the
47 payment of such benefits may authorize the treasurer or other fiscal
48 officer thereof to pay the financial benefits provided for in this chap-
49 ter to the person entitled thereto without waiting for an award in any
50 case in the manner provided in section forty-nine of this chapter. The
51 amount payable prior to an award pursuant to such authorization shall
52 constitute a settled claim within the meaning of the local finance law.
53 9. Where a city, village, or town is furnished service by law enforce-
54 ment agency, or any unit thereof pursuant to a contract entered into
55 prior to the enactment date of this chapter with another city, village,
56 law enforcement agency, having its headquarters outside the city,
S. 1113 17
1 village or law enforcement agency receiving such service and the liabil-
2 ity for benefits under this chapter in relation to volunteer peace offi-
3 cers rendering such service pursuant to such contract on and after the
4 effective date of this chapter is not covered pursuant to a county self-
5 insurance plan pursuant to section sixty-three of the workers' compen-
6 sation law, the contract may be amended after a public hearing held in
7 the manner provided by law for the amendment of any such contract, or at
8 the option of the contracting parties without a public hearing, to
9 provide for payment by the city, village or law enforcement agency
10 receiving such service to the city, village, law enforcement agency or
11 town in which such law enforcement agency has its headquarters, of a sum
12 in addition to the amount to be paid for such service pursuant to the
13 contract, to provide for any increase in cost, or new or added cost, to
14 such city, village, law enforcement agency or town for insurance cover-
15 age for liability for benefits under this chapter on and after the
16 effective date of this chapter, by reason of the service rendered pursu-
17 ant to such contract. Where such service is received pursuant to a
18 contract entered into prior to the effective date of this chapter with a
19 law enforcement agency having its headquarters outside the city, village
20 or law enforcement agency receiving such service, then whether or not
21 such contract is amended as provided in this section, or a contract
22 entered into on or after the effective date of this chapter so provides,
23 a city, village or law enforcement agency receiving such service on and
24 after the effective date of this chapter pursuant to a contract, shall
25 pay to the city, village, or town in which such law enforcement agency
26 has its headquarters a sum in addition to the amount to be paid for such
27 service pursuant to the contract, to provide for any increase in cost,
28 or new or added cost, to such city, village, law enforcement agency or
29 town for insurance coverage for the liability for benefits under this
30 chapter on and after the effective date of this chapter by reason of the
31 service rendered pursuant to such contract. Any such additional sum so
32 paid shall not be subject to division with a law enforcement agency as
33 otherwise provided by law in the case of contracts for such service.
34 S 31. The insurance contract. 1. The provisions of subdivisions one,
35 two, four, five and seven of section fifty-four of the workers' compen-
36 sation law, in relation to the insurance contract, which are not incon-
37 sistent with this chapter, shall be applicable as fully as if set forth
38 herein. The insurance carrier shall be a party to all hearings and
39 determinations by the workers' compensation board or the courts and
40 shall have the right to raise or plead any defense available to the
41 political subdivision liable in the first instance for the benefits to
42 be paid and provided by this chapter.
43 2. A contract of insurance indemnifying against the liability imposed
44 by this chapter issued by an insurance carrier to a county or a town and
45 in force on or after the effective date of such chapter, shall contain a
46 provision reading as follows: "This contract does not provide (a) any
47 coverage under the workers' compensation law or the volunteer peace
48 officers' benefit law for which any law enforcement agency would be
49 liable under such laws, (b) any workers' compensation benefits for
50 volunteer peace officers and employees for which any law enforcement
51 agency would be liable under the workers' compensation law, or (c) any
52 volunteer peace officers' benefits for any volunteer peace officers for
53 which any law enforcement agency would be liable under the volunteer
54 peace officers' benefit law." The foregoing provision does not apply in
55 relation to volunteer peace officers' benefit coverage and volunteer
56 peace officers' benefits provided for and in relation to the following
S. 1113 18
1 named law enforcement agencies which have expressly requested coverage
2 under this contract pursuant to the provisions of section thirty-two of
3 this article, to wit: (If there are no exceptions, enter "No
4 exceptions").
5 3. An insurance contract to indemnify against liability imposed by
6 this chapter originally issued to take effect on or after March first,
7 next succeeding the effective date of this chapter, and any renewal
8 thereof, (a) shall be a separate and distinct contract, (b) shall not be
9 attached as an endorsement or rider to, or in any other way form a part
10 of, a workers' compensation insurance contract, (c) shall not have
11 attached thereto any endorsement or rider covering any liability under
12 the workers' compensation law and (d) shall not be on a contract form
13 used by the insurance carrier for the purpose of insuring employers
14 against liabilities imposed by the workers' compensation law, or is
15 attached to any such form as an endorsement or rider.
16 4. An insurance contract to indemnify against liability imposed by
17 this chapter originally issued to take effect prior to the effective
18 date of such chapter, shall not be renewed to continue in effect on or
19 after March first, in the year of the effective date of this chapter, if
20 (a) it is attached as an endorsement or rider to, or in any other way
21 forms a part of, a workers' compensation insurance contract, (b) it has
22 attached thereto any endorsement or rider covering liability under the
23 workers' compensation law or (c) it is on a contract form used by the
24 insurance carrier for the purpose of insuring employers against liabil-
25 ities imposed by the workers' compensation law, or is attached to any
26 such form as an endorsement or rider.
27 S 32. Group insurance. 1. Notwithstanding any provision of section
28 thirty of this article, any town may contract for a single policy of
29 insurance indemnifying (a) all law enforcement agencies wholly within
30 such town which are liable for the payment of benefits under this chap-
31 ter, (b) all territory within such town outside cities, villages and law
32 enforcement agencies which is liable for the payment of benefits under
33 this chapter, and (c) the town in relation to such law enforcement agen-
34 cies, and outside territory, against liability imposed by this chapter.
35 If a town has any such liability and contracts for such a single policy,
36 then and in that event only any such policy, if requested by the board
37 of trustees of any village wholly within the town, or by the board of
38 commissioners of any law enforcement agency wholly within the town,
39 shall also indemnify such village or law enforcement agency against such
40 liability. The cost of such insurance shall be a town charge and shall
41 be levied and collected in the same manner as other town charges only in
42 the territory of such town which is liable for the payment of benefits
43 under this chapter and which is outside of any village and law enforce-
44 ment agencies not covered by such a policy. Nothing in this section
45 contained shall impose any additional liability on any town for any
46 benefit payments in relation to volunteer peace officers.
47 2. Notwithstanding any other provision of section thirty of this arti-
48 cle, any group of cities, villages, law enforcement agencies or town
49 boards acting for and on behalf of law enforcement agencies or territo-
50 ries outside any such municipal corporations or districts which are
51 liable for the payment of benefits under this chapter, all of which
52 cities, villages, districts and territories are located in whole or in
53 part within one county, may elect by resolution of the governing board
54 of each member of the group to be insured against liability imposed by
55 this chapter, as a group under a single policy. Such resolutions shall
56 be filed with the chairman of the board of supervisors. The group shall
S. 1113 19
1 file with the chairman of the board of supervisors an agreement, signed
2 by the officer of the governing body designated by such resolution,
3 agreeing to the effective date of such policy and to the population of
4 each such city, village, law enforcement agency and such territory
5 outside any such municipal corporation or district, and, if any such law
6 enforcement agency lies wholly or partly within two or more towns, the
7 population of the district within each such town. The population shall
8 be that which is shown by the latest federal census, or, if not shown by
9 such census, then as estimated. The estimate used for any village,
10 district or other area in a town plus the estimated or actual population
11 of all other villages, districts and areas in such town shall not exceed
12 the population of such town as shown by the latest federal census. It
13 shall be the duty of the chairman of the board of supervisors of the
14 county, upon the filing of such resolutions and agreement, promptly to
15 contract for insurance indemnifying against the liability imposed by
16 this chapter in the manner provided in section thirty of this article.
17 Except by mutual consent of the participating members, a member may
18 withdraw from such a group only upon the anniversary date of the policy,
19 and then only upon thirty days' notice of withdrawal by mail to the
20 chairman of the board of supervisors. The cost of such insurance shall
21 be apportioned by the clerk of the board of supervisors of the county to
22 each such city, village, law enforcement agency and such territory
23 outside such municipal corporations and districts, in the proportion
24 that the agreed population bears to the entire population of the group.
25 Refunds, dividends and discounts in relation to such insurance shall be
26 distributed or credited according to the same apportionment. Upon
27 notification by the clerk of the board of supervisors, the chief fiscal
28 officer of each such city, village or law enforcement agency shall pay
29 to the county treasurer, from moneys available or made available, the
30 amount apportioned to such city, village or district. Upon like notifi-
31 cation, the supervisor of each town in which such law enforcement agency
32 is located in whole or in part, or in which such outside territory is
33 located, shall pay to the county treasurer the amount apportioned for
34 such district, in whole or in part, or territory, as the case may be,
35 using moneys raised or made available for the purposes of service in
36 such district or outside territory, or if there be no such moneys or
37 insufficient moneys, using funds of the town available or made avail-
38 able, which funds shall be a charge upon such district or territory for
39 which the town shall be reimbursed. The county treasurer shall pay the
40 cost of such insurance with such moneys, or if any apportioned share has
41 not been paid, the county treasurer shall advance the amount necessary
42 from moneys of the general fund upon resolution of the board of supervi-
43 sors. Any such advance shall be repaid as soon as moneys are available
44 therefor. If any apportioned share remains unpaid, the county may
45 recover the same by action at law. If any member of the group shall fail
46 to pay its apportioned share within thirty days after notice that such
47 amount has become due and payable, the chairman of the board of supervi-
48 sors may terminate the participation of such member in the group by
49 notice by mail to such member on a date specified in the notice, and a
50 copy of such notice shall be filed by the chairman of the board of
51 supervisors with the insurance carrier, who shall notify the chairman of
52 the workers' compensation board of the termination of coverage in the
53 same manner as provided for cancellation of policy under subdivision
54 five of section fifty-four of the workers' compensation law. If any
55 village or law enforcement agency is located in two or more counties, it
56 may elect to join such a group in one of such counties. If any law
S. 1113 20
1 enforcement agency includes territory in more than one county, it shall
2 become a participant only if all the town boards acting for and on
3 behalf of such district shall have elected that such district shall
4 become a participant in such a group, and in such case such town boards
5 shall elect as to which county group it shall join. If any participat-
6 ing law enforcement agency includes territory in more than one town,
7 whether or not in more than one county, the amount of cost of insurance,
8 refund, dividend or discount apportioned to such district shall be
9 apportioned in the proportion that the population of the district within
10 each such town bears to the population of the entire district. The
11 figure used for population in such case shall be the one stated in the
12 agreement. If the boundaries of any city, village, law enforcement
13 agency or such outside territory in the group shall be changed during
14 the effective period of any such insurance policy, or if there are
15 changes in the membership of the group, the agreement heretofore
16 mentioned concerning population shall be appropriately amended by a
17 supplementary agreement to be executed and filed in the same manner as
18 the original agreement, in which case the coverage of the policy and the
19 apportionment of the cost thereof shall be changed accordingly.
20 3. Each policy issued pursuant to subdivisions one and two of this
21 section shall identify clearly each city, town, village, or law enforce-
22 ment agency and outside territory covered thereby.
23 ARTICLE IV
24 PROCEDURE
25 Section 40. Notice of injury or death.
26 41. Claim for benefits.
27 42. Reports of injuries, claims and proceedings.
28 43. Determination of claims for benefits.
29 44. Presumptions.
30 45. Modification of awards, decisions or orders.
31 46. Appeals.
32 47. Costs and fees.
33 48. Representation before the workers' compensation board.
34 49. Benefits; how payable.
35 50. Payments pending controversies.
36 51. Fund for reopened cases.
37 52. Awards to nonresidents; nonresident compensation fund.
38 53. Enforcement of payment.
39 54. Aggregate trust fund.
40 55. Penalty for false representation.
41 56. Non-duplication of benefits.
42 57. Miscellaneous provisions.
43 58. Application of provisions of workers' compensation law.
44 59. Liberal construction.
45 60. Administrative expenses.
46 61. Death or disability due to disease or malfunction of heart
47 or coronary arteries; claims and procedures.
48 S 40. Notice of injury or death. Notice of an injury or death for
49 which benefits are to be paid or provided under this chapter shall be
50 given to the political subdivision or the law enforcement agency liable
51 for the payment thereof within ninety days after such injury or death
52 except that such notice need not be given if a claim is filed pursuant
53 to section forty-one of this article within ninety days after such inju-
54 ry or death. Either such notice may be given by any person claiming to
55 be entitled to such benefits or by someone in his or her behalf. The
56 notice shall be in writing, shall contain the name and address of the
S. 1113 21
1 volunteer peace officer, and state in ordinary language the time, place,
2 nature and cause of the injury and shall be signed by him or her or by a
3 person on his or her behalf or, in case of death, by any one or more of
4 his or her dependents, or by a person on their behalf. The notice shall
5 be given to the clerk of the board of supervisors of the county, the
6 comptroller or chief financial officer of the city, the town clerk of
7 the town, the clerk of the village, the secretary of the law enforcement
8 agency or the law enforcement agency, as the case may be, by delivering
9 it to such officer or by registered letter properly addressed to such
10 officer. The failure to give notice of injury or notice of death shall
11 be a bar to any claim under this chapter unless such failure is excused
12 by the workers' compensation board on any of the following grounds:
13 1. that for some sufficient reason the notice could not have been
14 given,
15 2. that a member of a body in charge of, or any officer of, the law
16 enforcement agency had knowledge within such ninety-day period of the
17 injuries or death,
18 3. that the political subdivision, or its insurance carrier had not
19 been prejudiced by a delay in giving such notice, or
20 4. that the cause of disablement or death was not known to be the
21 result of service performed in the line of duty as a volunteer peace
22 officer in sufficient time to comply with the provisions of this
23 section.
24 S 41. Claim for benefits. The right to claim benefits under this chap-
25 ter shall be barred, except as hereinafter provided, unless within two
26 years after the injury, or, if death results therefrom, within two years
27 after such death, a claim for the benefits under this chapter shall be
28 filed with the chairman of the workers' compensation board and a copy of
29 such claim shall be filed with the same officer to whom a notice of
30 injury must be given under section forty of this article. The right of a
31 volunteer peace officer or his or her dependents to claim benefits under
32 this chapter for disablement or death, as the case may be, caused by
33 disease shall not be barred by the failure of the volunteer peace offi-
34 cer or his or her dependents to file a claim within either such period
35 of two years, provided such claim shall be filed after either such peri-
36 od of two years and within ninety days after disablement or ninety days
37 after knowledge that the disease is or was due to service as a volunteer
38 peace officer, whichever is the later date. The claim shall be in
39 substantially the same form and shall give substantially the same infor-
40 mation as is required to be given in a claim under the provisions of
41 section twenty-eight of the workers' compensation law. Notwithstanding
42 the provisions of any other law, any such claim need not be sworn to,
43 verified or acknowledged. No case in which an advance payment is made to
44 a volunteer peace officer or to his or her dependents in case of death
45 shall be barred by the failure of the volunteer peace officer or his or
46 her dependents to file a claim, and the workers' compensation board may
47 at any time order a hearing on any such case in the same manner as
48 though a claim for benefits had been filed.
49 The date of injury caused by disease shall be the date of contracture
50 of such disease as determined by the workers' compensation board on the
51 hearing of the claim and the responsibility of the political subdivision
52 liable for the payment of benefits and its insurance carrier shall be
53 fixed by the date of injury as so determined.
54 S 42. Reports of injuries, claims and proceedings. If an injury is one
55 for which an insurance carrier might be liable under a contract of
56 insurance or a county plan of self-insurance might be required to pay,
S. 1113 22
1 the officer to whom a notice of injury is required to be delivered or
2 mailed and with whom the claim in relation to such injury is required to
3 be filed under the provisions of this chapter shall send a copy of such
4 notice and claim and a copy of any notice of a proceeding relating to an
5 injury or claim to such insurance carrier or county plan of self-insu-
6 rance, as the case may be, promptly after receiving the same. The poli-
7 tical subdivision or law enforcement agency liable for the payment of
8 benefits under this chapter shall keep such records and make such
9 reports to the chairman of the workers' compensation board as required
10 by section one hundred ten of the workers' compensation law, which by
11 section fifty-seven of this article is made applicable to this chapter.
12 Failure to comply with the provisions of this section shall not relieve
13 such an insurance carrier of liability or a county plan of self-insu-
14 rance from its obligation to pay.
15 S 43. Determination of claims for benefits. The provisions of section
16 twenty of the workers' compensation law shall be applicable as fully as
17 if set forth in this chapter, except that the waiting period of seven
18 days for the presentation of claims for benefits shall not apply to the
19 presentation of claims for benefits under this chapter.
20 S 44. Presumptions. If a claim for benefits is filed within two years
21 after the injury, or, if death results therefrom, is filed within two
22 years after such death, as provided in section forty-one of this arti-
23 cle, then in any proceeding for the enforcement of such claim, it shall
24 be presumed in the absence of substantial evidence to the contrary:
25 1. That the claim comes within the provisions of this chapter.
26 2. That sufficient notice thereof was given.
27 3. That the injury was not occasioned by the wilful intention of the
28 injured volunteer peace officer to bring about the injury or death of
29 himself, herself or another.
30 4. That the injury did not result solely from the intoxication of the
31 injured volunteer peace officer while acting in line of duty.
32 5. That the contents of medical and surgical reports introduced in
33 evidence by claimants for benefits shall constitute prima facie evidence
34 of fact as to the matter contained therein.
35 S 45. Modification of awards, decisions or orders. The provisions of
36 section twenty-two of the workers' compensation law shall be applicable
37 as fully as if set forth in this chapter.
38 S 46. Appeals. The provisions of section twenty-three of the workers'
39 compensation law shall be applicable as fully as if set forth in this
40 chapter except that reimbursement following modification or recession
41 upon appeal shall be paid from administration expenses as provided by
42 section sixty of this article.
43 S 47. Costs and fees. The provisions of section twenty-four of the
44 workers' compensation law shall be applicable as fully as if set forth
45 in this chapter.
46 S 48. Representation before the workers' compensation board. The
47 provisions of section twenty-four-a of the workers' compensation law
48 which are not inconsistent with the provisions of this chapter shall be
49 applicable as fully as if set forth in this chapter.
50 S 49. Benefits; how payable. Except as otherwise provided in subdivi-
51 sions one and two of section seven of this chapter, benefits under this
52 chapter shall be paid in the manner provided in section twenty-five of
53 the workers' compensation law. The provisions of such section twenty-
54 five, other than those relating to welfare, pension or benefit plans,
55 agreements and trusts, shall be applicable as fully as if set forth in
56 this chapter.
S. 1113 23
1 S 50. Payments pending controversies. In order that the benefits to be
2 paid and provided under this chapter shall be paid promptly where such
3 benefits are conceded to be due to any person because of the death of or
4 injuries to a volunteer peace officer, but controversy exists as to
5 which political subdivision or law enforcement agency is liable for the
6 payment thereof, the municipal corporations, law enforcement agencies
7 involved in such controversy and their insurance carriers, if any, may
8 agree that any one or more of such municipal corporations, law enforce-
9 ment agency or its insurance carrier shall pay or provide the benefits
10 to, or in relation to, the person conceded to be entitled to such bene-
11 fits without waiting for a final determination of the controversy, and
12 may carry out the provisions of such an agreement. Notwithstanding any
13 such payment, any party to the agreement may seek a final determination
14 of the controversy in the same manner as if such benefits had not been
15 paid or provided and any such payment or provision of benefits shall not
16 prejudice any rights of the political subdivision, law enforcement agen-
17 cy or its insurance carrier paying or providing the same, nor be taken
18 as an admission against interest. After a final determination the
19 parties to the agreement shall make any necessary and proper reimburse-
20 ment to conform to the determination.
21 S 51. Fund for reopened cases. 1. The provisions of section twenty-
22 five-a of the workers' compensation law shall be applicable as fully as
23 if set forth in this chapter, except that, other than with respect to
24 the annual assessment under such section, payments to an executor or
25 administrator of the estate of a volunteer peace officer pursuant to
26 subdivision two of section seven of this chapter shall not constitute
27 payment of benefits for the purpose of determining the amount of the
28 payment to the fund for reopened cases. Benefits paid to volunteer peace
29 officers and other persons entitled to benefits under this chapter from
30 the fund for reopened cases shall be in accordance with the provisions
31 of this chapter.
32 2. The insurance carrier or entity responsible for payment of benefits
33 paying such benefit increase shall claim for such benefit increase
34 reimbursement from the special fund for reopened cases commencing one
35 year from the date of the first such payment and annually thereafter
36 while such payments continue, on a form prescribed by the chair.
37 3. All carriers shall pay benefits in conformance with rates set
38 forth in section eight of this chapter without awaiting modification by
39 the board of any prior inconsistent award.
40 S 52. Awards to nonresidents; nonresident compensation fund. The
41 provisions of section twenty-five-b of the workers' compensation law
42 shall be applicable as fully as if set forth in this chapter.
43 S 53. Enforcement of payment. 1. The provisions of section twenty-six
44 of the workers' compensation law, other than the portions relating to
45 section fourteen-a, subdivision eight of section fifteen and section
46 fifty of the workers' compensation law, shall be applicable as fully as
47 if set forth in this chapter.
48 2. The provisions of section fifty-four-b of the workers' compensation
49 law shall be applicable as fully as if set forth in this chapter.
50 S 54. Aggregate trust fund. The provisions of section twenty-seven of
51 the workers' compensation law which are not inconsistent with the
52 provisions of this section, shall be applicable as fully as if set forth
53 in this chapter with respect to claims for benefits under this chapter.
54 S 55. Penalty for false representation. If, for the purpose of obtain-
55 ing any benefit or payment under the provisions of this chapter, or for
56 the purpose of influencing any determination regarding any benefit or
S. 1113 24
1 payment under the provisions of this chapter, either for himself,
2 herself or for any other person, any person wilfully makes a false
3 statement or representation, he or she shall be guilty of a misdemeanor.
4 S 56. Non-duplication of benefits. If benefits are required to be paid
5 under this chapter in the event of injury to or death of a volunteer
6 peace officer, the volunteer peace officer or other persons entitled to
7 such benefits shall not receive workers' compensation under the
8 provisions of the workers' compensation law in relation to such injury
9 or death.
10 S 57. Miscellaneous provisions. The provisions of article seven of the
11 workers' compensation law which are not inconsistent with the provisions
12 of this chapter shall be applicable as if fully set forth herein. The
13 reference to sections twenty-five-a and fifty of the workers' compen-
14 sation law in section one hundred twenty-three of the workers' compen-
15 sation law shall be deemed to refer to sections fifty-one and thirty of
16 this chapter.
17 S 58. Application of provisions of workers' compensation law. All the
18 powers and duties conferred or imposed upon the chairman of the workers'
19 compensation board and the workers' compensation board by the workers'
20 compensation law which are necessary for the administration of this
21 chapter and not inconsistent with this chapter are, to that extent, made
22 applicable to this chapter, even though such provisions of the workers'
23 compensation law are not expressly made applicable to this chapter by
24 the provisions of this chapter or the workers' compensation law.
25 S 59. Liberal construction. The provisions of this article relating to
26 giving notice of injury and filing of claim, and to the contents of any
27 such notice or claim, shall be construed liberally in order to effectu-
28 ate the objects and purposes of this chapter.
29 S 60. Administrative expenses. 1. The chairman of the workers' compen-
30 sation board and the department of audit and control, as soon as practi-
31 cable after April first, next succeeding the effective date of this
32 chapter, and annually as soon as practicable after April first in each
33 year thereafter, shall ascertain the total amount of expenses, including
34 in addition to the direct costs of personal service, the cost of mainte-
35 nance and operation, the cost of retirement contributions made and work-
36 ers' compensation premiums paid by the state for or on account of
37 personnel, rentals for space occupied in state owned or state leased
38 buildings, such additional sum as may be certified to the chairman of
39 the workers' compensation board and the department of audit and control
40 as a reasonable compensation for services rendered by the department of
41 law and expenses incurred by such department, and all other direct or
42 indirect costs, incurred by the chairman or the board during the preced-
43 ing fiscal year in connection with the administration of this chapter
44 and in connection with the preparations for the taking effect thereof.
45 The services and expenses of the members, employees and officers of the
46 board related to this chapter and such preparations shall be apportioned
47 and included in the amount to be assessed. If any officers or employees
48 of the state perform duties directly which in part are related to the
49 administration of this chapter and such preparations and in part not
50 related thereto and if there are other expenses which are incurred
51 jointly in connection with the administration of this chapter and such
52 preparations and in activities not so connected, an equitable apportion-
53 ment shall be made and only such parts thereof as apply to the adminis-
54 tration of this chapter and such preparations shall be chargeable to the
55 administrative expenses as provided in this section.
S. 1113 25
1 2. An itemized statement of the expenses so ascertained shall be open
2 to public inspection in the office of the chairman for thirty days after
3 notice to all carriers by publication, before an assessment may be made
4 upon such carriers as hereinafter provided.
5 3. The expenses of administration, including such expenses for prepa-
6 ration, for the fiscal years ending March thirty-first, in the year of
7 and the year following the effective date of this chapter shall be
8 consolidated and reimbursed by one assessment made after April first, in
9 the year following the year of the effective date of this chapter. The
10 chairman shall as soon as practicable after April first, in the year
11 following the year of the effective date of this chapter, assess upon
12 and collect from each carrier the proportion of such consolidated
13 expenses for the fiscal years ending March thirty-first, in the year of
14 and the year following the effective date of this chapter, and annually
15 thereafter as soon as practicable after the close of each fiscal year
16 the proportion of such expenses for the preceding fiscal year, that the
17 total indemnity benefit payments made by such carrier in such year bore
18 to the total indemnity benefit payments made by all insurance carriers.
19 The amounts so secured shall be used to reimburse the state treasury for
20 appropriations theretofore made by the state for the payment in the
21 first instance of the expenses of administering this chapter and in
22 connection with the preparations for the taking effect thereof.
23 4. The board shall keep an accurate record of all hearings held. Where
24 the decision of a referee is affirmed by the board upon review, the
25 board shall assess against each insurance carrier seeking such review
26 the sum of twenty-five dollars and may assess against any other party
27 the sum of five dollars. These assessments shall be paid into the state
28 treasury.
29 5. The provisions of subdivision two of section one hundred fifty-one
30 of the workers' compensation law shall not be applicable with respect to
31 the apportionment and assessment of the expenses of administering this
32 chapter, but shall be applicable with respect to the apportionment and
33 assessment to replenish the fund for reopened cases under section twen-
34 ty-five-a of the workers' compensation law and section fifty-one of this
35 article.
36 6. Assessments for the fund for reopened cases and for the operations
37 of the workers' compensation board shall not constitute elements of loss
38 but shall for recoupment purposes be treated as separate costs by carri-
39 ers. Carriers shall assess such costs on their policyholders in accord-
40 ance with rules set forth by the New York compensation insurance rating
41 board, as approved by the superintendent of insurance.
42 7. Notwithstanding the provisions of subdivision three of this
43 section, the chair may require that partial payments for expenses of the
44 fiscal year beginning April first, in the year of the effective date of
45 this chapter, and for each fiscal year thereafter, shall be made on June
46 thirtieth, September thirtieth, December thirty-first and March tenth of
47 each year, or on such other dates as the director of the budget may
48 prescribe, by each insurance carrier, including the state insurance
49 fund. Each such payment shall be a sum equal to twenty-five per centum
50 of the annual expenses assessed upon each carrier, including the state
51 insurance fund, as estimated by the chair. The balance of assessments
52 for the fiscal year beginning April first, in the year of the effective
53 date of this chapter and each fiscal year thereafter, shall be paid upon
54 determination of the actual amount due in accordance with the provisions
55 of subdivision three of this section. Any overpayment of annual assess-
56 ments resulting from the requirements of this subdivision shall be
S. 1113 26
1 refunded or at the option of the chair shall be applied as a credit
2 against the assessment of the succeeding fiscal year. The requirements
3 of this subdivision shall not apply to those carriers whose estimated
4 annual assessment is less than one hundred dollars and such carriers
5 shall make a single payment of the estimated annual assessment on or
6 before September thirtieth of the fiscal year.
7 8. Commencing with the fiscal year beginning April first, in the year
8 following the year of the effective date of this chapter, the provisions
9 of subdivision six of this section shall be applicable to any county,
10 city, town, village or other political subdivision failing to secure
11 insurance pursuant to subdivisions eight and nine of section thirty of
12 this chapter.
13 S 61. Death or disability due to disease or malfunction of heart or
14 coronary arteries; claims and procedures. 1. A claim for benefits for
15 the death or disability of a volunteer peace officer due to disease or
16 malfunction of the heart or of one or more coronary arteries filed in
17 accordance with section forty-one of this article, shall not be denied
18 provided the claimant introduces evidence which establishes that a
19 volunteer peace officer suffered disease or malfunction of the heart or
20 of one or more coronary arteries which caused the disablement or death
21 of the volunteer peace officer, and that such disease or malfunction
22 resulted from the duties and activities in which the volunteer peace
23 officer was engaged as set forth in section five of this chapter for
24 which benefits shall be paid, unless it can be shown by substantial
25 evidence to the contrary that the duties and activities of the volunteer
26 peace officer in which the volunteer peace officer was engaged at the
27 time of such disease or malfunction did not cause or precipitate such
28 disease or malfunction; and further provided that the injury did not
29 result solely from the intoxication of the volunteer peace officer while
30 acting in the line of duty or was not occasioned by the wilful intention
31 of the volunteer peace officer to bring about the injury or death of
32 himself, herself or another.
33 2. The chairman of the workers' compensation board shall promulgate
34 rules and regulations providing a priority for controverted claims for
35 benefits filed as provided in subdivision one of this section. Such
36 rules and regulations shall also prescribe a form to be used for making
37 claims for such benefits. Such form shall specifically request the
38 information necessary in order to receive an award of benefits.
39 3. This section shall not be construed to repeal by implication any
40 existing provision of law.
41 ARTICLE V
42 EFFECT UPON OTHER LAWS
43 Section 90. References to workers' compensation law.
44 S 90. References to workers' compensation law. Where the provisions of
45 any section or part of any section of the workers' compensation law are
46 made applicable to this chapter and are incorporated herein by refer-
47 ence, the following terms used in such provisions of the workers'
48 compensation law shall have the following meanings when read in
49 connection with this chapter:
50 1. "Accident" means "injury" as defined in this chapter.
51 2. "Surviving spouse" means the legal wife of a deceased male volun-
52 teer peace officer or the legal husband of a deceased female volunteer
53 peace officer, as the case may be, but shall not include a spouse who
54 has abandoned the deceased. The term "abandoned", as used in this subdi-
55 vision, means such an abandonment as would be sufficient under section
S. 1113 27
1 two hundred of the domestic relations law to sustain a judgment of sepa-
2 ration on that ground.
3 3. "Employee" means a volunteer peace officer who has been or might be
4 injured in line of duty or who dies or might die from the effects of
5 such an injury.
6 4. "Employment" means service of a volunteer peace officer in the line
7 of duty.
8 5. "Employer" means the political subdivision or law enforcement agen-
9 cy liable for payment of financial benefits pursuant to this chapter.
10 6. "Injury" means "injury" as defined in this chapter.
11 7. "Injured worker" means injured volunteer peace officer.
12 8. "Insurance carrier" means "insurance carrier" as defined in this
13 chapter.
14 9. "Same employ" means the same law enforcement agency, or in the same
15 service for a political subdivision, or district or area thereof, pursu-
16 ant to a call for assistance.
17 10. "Workers' compensation" means the benefits payable to a volunteer
18 peace officer or his or her dependents pursuant to this chapter, includ-
19 ing medical treatment and care, except when a different meaning obvious-
20 ly is intended.
21 Where any such section is so made applicable and is so incorporated,
22 and there is a reference therein to another section or provision of the
23 workers' compensation law which also has been made applicable to this
24 chapter, such reference shall be deemed to include the applicable
25 section or provision of this chapter if such inclusion is consistent
26 with the provisions of this chapter.
27 S 2. Section 837 of the executive law is amended by adding a new
28 subdivision 19 to read as follows:
29 19. OPERATE A REGISTRY OF VOLUNTEER PEACE OFFICER PROGRAMS ESTABLISHED
30 BY LOCAL MUNICIPALITIES PURSUANT TO SECTION TWO HUNDRED SIX-C OF THE
31 GENERAL MUNICIPAL LAW, AND PRESCRIBE A TRAINING COURSE FOR SUCH PEACE
32 OFFICERS.
33 S 3. The general municipal law is amended by adding a new section
34 206-c to read as follows:
35 S 206-C. VOLUNTEER PEACE OFFICER PROGRAMS. 1. AS USED IN THIS SECTION,
36 A VOLUNTEER PEACE OFFICER SHALL MEAN AN UNPAID EMPLOYEE OF A PROGRAM
37 REGISTERED WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
38 SUBDIVISION SEVENTEEN OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXEC-
39 UTIVE LAW, WHO HAS BEEN TRAINED BY POLICE, SHERIFF OR OTHER ACADEMY
40 APPROVED BY SUCH DIVISION.
41 2. ANY LOCAL MUNICIPALITY MAY ESTABLISH A VOLUNTEER PEACE OFFICER
42 PROGRAM BY REGISTERING WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES,
43 INCLUDING A ROSTER OF APPLICANTS, ALL OF WHOM SHALL MEET THE QUALIFICA-
44 TIONS LISTED IN SUBDIVISION THREE OF THIS SECTION.
45 3. APPLICANTS FOR VOLUNTEER PEACE OFFICER SHALL MEET ALL OF THE
46 FOLLOWING QUALIFICATIONS:
47 A. BE A CITIZEN OF THE UNITED STATES AND A RESIDENT OF THE STATE OF
48 NEW YORK.
49 B. BE AT LEAST TWENTY-ONE YEARS OF AGE AND NO MORE THAN SIXTY-FIVE
50 YEARS OF AGE. CONTINUANCE AS A VOLUNTEER PEACE OFFICER DEPENDS ON SUCH
51 PERSON'S ABILITY TO FULFILL ASSIGNED DUTIES AS DETERMINED BY MUNICI-
52 PALITIES APPROVED BY A PHYSICIAN IN CONJUNCTION WITH THE PROVISIONS OF
53 THIS SUBDIVISION.
54 C. PASS A GENERAL PHYSICAL AS PRESCRIBED BY THE HIRING MUNICIPALITY
55 AND GIVEN BY AN AUTHORIZED DOCTOR WHO IS FAMILIAR WITH THE DEMANDS OF
56 ACTIVE POLICE WORK. SUCH PHYSICAL SHALL INCLUDE EYESIGHT CORRECTABLE TO
S. 1113 28
1 A MINIMUM STANDARD AS PRESCRIBED BY THE DIVISION OF CRIMINAL JUSTICE
2 SERVICES.
3 D. PASS ANY OTHER QUALIFYING TESTS NECESSARY FOR THEIR DUTIES AS
4 PRESCRIBED BY HIRING MUNICIPALITY BY PERSONS QUALIFIED IN THEIR RESPEC-
5 TIVE AREAS SUCH AS BUT NOT LIMITED TO EYESIGHT, AGILITY AND PSYCHOLOG-
6 ICAL EXAMS.
7 E. PASS ONGOING PHYSICAL AND OTHER TESTS AS DEEMED NECESSARY BY THE
8 HIRING MUNICIPALITY TO QUALIFY FOR ONGOING EMPLOYMENT.
9 F. HAVE A VALID DRIVER'S LICENSE FREE FROM MAJOR MOVING VIOLATIONS.
10 G. HAVE BOTH A VERBAL AND WRITTEN PROFICIENCY IN THE ENGLISH LANGUAGE.
11 4. IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION THREE OF THIS
12 SECTION, THE LOCAL MUNICIPALITY SHALL PROVIDE AN INTERVIEW PROCEDURE,
13 INCLUDING THE FINGERPRINTING OF THE INDIVIDUAL. THE FINGERPRINTS SHALL
14 BE USED AS A CHECK ON ANY PRIOR CRIMINAL HISTORY WHICH WOULD DISQUALIFY
15 THE APPLICANT FROM PEACE OFFICER STATUS.
16 5. THE MUNICIPALITY MAY PETITION THE DIVISION OF CRIMINAL JUSTICE
17 SERVICES FOR SPECIFIC LIMITED DUTY WAIVERS AS TO AGE, PHYSICAL CONDI-
18 TION, DRIVING ABILITY, OR FLUENCY IN ENGLISH.
19 6. APPLICANT MUST PASS A TRAINING COURSE PRESCRIBED BY THE DIVISION OF
20 CRIMINAL JUSTICE SERVICES. THE MUNICIPALITY SHALL ESTABLISH A STANDARD
21 OPERATING PROCEDURE, WHICH SHALL BE FILED WITH THE DIVISION, AND WHICH
22 SHALL SET FORTH THE DUTIES ANTICIPATED WHICH MAY INCLUDE UNARMED SELF
23 DEFENSE, USE OF IMPACT AND CHEMICAL WEAPONS; TRAFFIC CONTROL AND DRIVING
24 SKILLS. IF THE OFFICER IS REQUIRED TO CARRY A FIREARM, TRAINING SHALL
25 BE GIVEN AS PRESCRIBED BY THE DIVISION, AND AN APPROPRIATE LICENSE SHALL
26 BE OBTAINED AS PROVIDED IN SECTION 400.00 OF THE PENAL LAW.
27 7. UPON SUCCESSFUL COMPLETION OF ALL REQUIRED CLASSES AND TESTS, THE
28 APPLICANT WILL BE REGISTERED WITH THE DIVISION AS A VOLUNTEER PEACE
29 OFFICER AND WILL HAVE THE LEGAL STATUS OF A PEACE OFFICER WHILE PERFORM-
30 ING AUTHORIZED ACTIVITIES WITHIN THE DUTIES ASSIGNED BY THE LOCAL MUNI-
31 CIPALITY.
32 S 4. Effect of unconstitutionality in part. If any clause, sentence,
33 paragraph, subdivision, section or part of the volunteer peace officers'
34 benefit law, as established by section one of this act, shall be
35 adjudged by any court of competent jurisdiction to be invalid, such
36 judgement shall not affect, impair or invalidate the remainder thereof,
37 but shall be confined in its operation to the clause, sentence, para-
38 graph, subdivision, section or part thereof directly involved in the
39 controversy in which such judgement shall have been rendered.
40 S 5. This act shall take effect on the first of April next succeeding
41 the date on which it shall have become a law.