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S5951Senate2015-2016 SessionSame asA3498

Relates to the continuation of death benefits to a surviving spouse regardless of remarriage

Sponsor Terrence P. MurphySD-40+1 co-sponsorAffects Economy
Status
In Assembly Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Labor

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Sponsors

Primary sponsor
Terrence P. Murphy

Senator · Senate District 40

1 Co-sponsor

History

  1. Referred to labor
  2. Delivered to assembly
  3. Passed senateVote 59–0
  4. Amended on third reading 5951a
  5. Advanced to third reading
  6. 2nd report cal.
  7. 1st report cal.96
  8. Referred to labor
  9. Returned to senate
  10. Died in assembly
  11. Referred to labor
  12. Delivered to assembly
Show 3 earlier actions
  1. Passed senateVote 62–1
  2. Ordered to third reading cal.1869
  3. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3498Assembly

Relates to the continuation of death benefits to a surviving spouse regardless of remarriage

In Assembly Committee · Labor · Sponsor Keith L.T. Wright

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the workers' compensation law, in relation to the continuation of death benefits to a surviving spouse regardless of remarriage

Purpose

Allow for the continuation of workers' compensation death benefits to a surviving spouse and children regardless of remarriage.

Summary of provisions

Amends Subdivisions 1-b, 1-c, 1-d, 2, 2-a, 2-b of section 16 of the workers' compensation law, and adds a new subdivision 2-c.

Existing law

Workers' Compensation Law provides Workers' compensation provides death benefits (survivor benefits) to a spouse and to dependent minor children of the deceased worker. Death benefits are calculated as a percentage of the deceased's average wages, subject to a minimum and a maximum.

These benefits cease upon remarriage with the payment of two years compensation in a lump sum.

If an injured worker dies from a job-related injury, the surviving spouse and/or minor children or, lacking such, other dependents as defined by law, are entitled to death and survivor benefits. Funeral expenses are payable up to statutory maximums.

Justification

The ability to remarry should not be hindered by the possibility of financial loss to a family who has already suffered the greatest loss, that of a spouse and parent. This legislation will allow for workers compensation survivor benefits to continue in the case of the remarriage of a surviving spouse, thus allowing a survivor to move forward in a new chapter of their life.

Legislative history

2013-2014: A6559

Fiscal implications

To be determined

Effective date

On the sixtieth day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.