What's happening
This bill requires fire departments to provide enhanced cancer disability benefits and insurance for eligible volunteer firefighters, including lump sum and monthly payments.
Why it matters
Addresses a documented cancer risk for volunteer firefighters. Scientific studies show firefighters face higher rates of certain cancers due to toxic exposure. By providing benefits, the bill recognizes this occupational hazard and supports those who serve without pay.
Establishes clear eligibility and benefit limits. The law carefully defines who qualifies (minimum years of service, passed physicals, proof of interior firefighting) and limits total payouts per individual, which helps ensure that benefits are targeted and fiscally sustainable.
Requires local fire agencies to secure coverage and track claims. Departments must obtain insurance or prove ability to pay, and report claims data to state authorities. This creates system-wide accountability, helps monitor costs, and may guide future policy based on claim trends.
Makes benefits non-taxable at the state level. Cancer benefit payouts won’t be counted as income for New York State taxes, maximizing the financial relief for affected volunteer firefighters or their families.
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Who cares
Volunteer interior firefighters
Those meeting the service, entry-exam and mask-fit requirements would qualify for cancer diagnosis payments and up to 36 monthly disability payments of $1,500, subject to offsets for other disability benefits.
Fire districts, departments and companies
They would have to provide coverage or demonstrate the ability to pay benefits, cover specified costs for five years after eligible firefighters leave active service, and report claims.
Volunteer firefighters’ beneficiaries
They could receive a $50,000 death benefit upon acceptable medical proof that an eligible firefighter died from cancer-related complications.
Office of Fire Prevention and Control
It would establish claims, appeals and proof requirements in consultation with financial services and workers’ compensation officials, and report annually on claims and benefit recipients.
Headline styles
Cancer Benefits for Volunteer Firefighters
Plain English, a few words. Used as the page title.
Sponsors
24 Co-sponsors
- Joseph P. Addabbo Jr.
- Fredrick J. Akshar II
- George Amedore
- John J. Bonacic
- Neil D. Breslin
- John E. Brooks
- David Carlucci
- Thomas Croci
- Patrick M. Gallivan
- Pamela Helming
- Chris Jacobs
- Todd Kaminsky
- Timothy M. Kennedy
- Kathleen A. Marchione
- Terrence P. Murphy
- Thomas F. O'Mara
- José Peralta
- Elaine Phillips
- Michael H. Ranzenhofer
- Patty Ritchie
- Joseph E. Robach
- James Tedisco
- David J. Valesky
- Catharine Young
History
- Signed chap.334
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.465
- Substituted for A711B
- Referred to ways and means
- Returned to assembly
- Repassed senate
- Amended on third reading 1411b
- Amended on third reading (t) 1411a
- Vote reconsidered - restored to third reading
Show 8 earlier actions
- Returned to senate
- Recalled from assembly
- Referred to local governments
- Delivered to assembly
- Passed senateVote 60–0
- Ordered to third reading cal.40
- Committee discharged and committed to rules
- Referred to local government
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.
Cancer Benefits for Volunteer Firefighters
Assembly Floor Calendar · Sponsor Aileen Gunther
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1411--B Cal. No. 40
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sens. GRIFFO, ADDABBO, AKSHAR, AMEDORE, BONACIC, BRESLIN, BROOKS, CARLUCCI, CROCI, GALLIVAN, HELMING, JACOBS, KAMINSKY, KENNEDY, MARCHIONE, MURPHY, O'MARA, PHILLIPS, RITCHIE, ROBACH, TEDISCO, VALE- SKY, YOUNG -- read twice and ordered printed,… Show allHide
Introduced by Sens. GRIFFO, ADDABBO, AKSHAR, AMEDORE, BONACIC, BRESLIN, BROOKS, CARLUCCI, CROCI, GALLIVAN, HELMING, JACOBS, KAMINSKY, KENNEDY, MARCHIONE, MURPHY, O'MARA, PHILLIPS, RITCHIE, ROBACH, TEDISCO, VALE- SKY, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the general municipal law and the tax law, in relation to the "New York state volunteer firefighter gap coverage cancer disability benefits act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "New York State Volunteer Firefighter Enhanced Cancer Disability Benefits Act".
§ 2. The general municipal law is amended by adding a new section 205-cc to read as follows:
§ 205-cc. Volunteer firefighter enhanced cancer disability benefits. A legally organized fire district, department or company shall provide and maintain for each eligible volunteer firefighter, an enhanced cancer disability benefit insurance program.
1. Definitions. As used in this section:
a. "Eligible volunteer firefighter" means:
(i) A volunteer firefighter having five or more years of faithful and actual service in the protection of life and property from fire in the interior of buildings and having successfully passed a physical examination on entry to the firefighter service, which examination failed to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03660-07-7
S. 1411--B 2
reveal any evidence of cancers as defined in paragraph b of this subdivision; and
(ii) Having submitted proof of five years of interior firefighting service by providing verification that he or she has passed at least five yearly certified mask fitting tests as set forth in 29 CFR 1910.134 or the current National Fire Protection Association standards for mask fit testing.
b. "Cancer" means:
(i) A disease caused by an uncontrolled division of abnormal cells in a part of the body or a malignant growth or tumor resulting from the division of abnormal cells; and
(ii) Affecting the prostate or breast, lymphatic, hematological digestive, urinary, neurological, or reproductive systems, or melanoma.
2. An eligible volunteer firefighter shall be entitled to payment of enhanced cancer benefits as follows:
a. A lump sum benefit of twenty-five thousand dollars for each diagnosis payable to such firefighter upon acceptable proof to the insurance carrier or other payor of a diagnosis by a board certified physician in the medical specialty appropriate for the type of cancer diagnosed that there are one or more malignant tumors characterized by the uncontrollable and abnormal growth and spread of malignant cells with invasion of normal tissue and that either:
(i) There is metastasis; and
(1) surgery, radiotherapy, or chemotherapy is medically necessary; or
(2) there is a tumor of the prostate, provided that it is treated with radical prostatectomy or external beam therapy; or
(ii) The firefighter has terminal cancer, his or her life expectancy is twenty-four months or less from the date of diagnosis, and will not benefit from, or has exhausted, curative therapy.
b. A lump sum benefit of six thousand two hundred fifty dollars for each diagnosis payable to such firefighter upon acceptable proof to the insurance carrier or other payor of a diagnosis by a board certified physician in the medical specialty appropriate for the type of cancer involved that either:
(i) There is carcinoma in situ such that surgery, radiotherapy, or chemotherapy has been determined to be medically necessary;
(ii) There are malignant tumors which are treated by endoscopic procedures alone; or
(iii) There are malignant melanomas.
c. A monthly benefit of one thousand five hundred dollars, of which the first payment shall be made six months after total disability and submission of acceptable proof of said disability to the insurance carrier or other payor that such disability is caused by cancer and that such cancer precludes the firefighter from serving as a firefighter. Such benefit shall continue for up to thirty-six consecutive monthly payments.
(i) Such monthly benefit shall be subordinate to any other benefit actually paid to the firefighter solely for such disability from any other source, not including private insurance purchased solely by the firefighter, and shall be limited to the difference between the amount of such other paid benefit and the amount specified herein; and
(ii) Any firefighter receiving such monthly benefits may be required to have his or her condition reevaluated. In the event any such reevaluation reveals that such person has regained the ability to perform duties as a firefighter, then his or her monthly benefits shall cease the last day of the month of reevaluation.
S. 1411--B 3
(iii) In the event that there is a subsequent reoccurrence of a disability caused by cancer which precludes the firefighter from serving as a firefighter, he or she shall be entitled to receive any remaining monthly payments.
d. An eligible volunteer firefighter shall also be entitled to an additional payment of enhanced cancer death benefits in the amount of fifty thousand dollars which is payable to such volunteer or his or her beneficiary upon acceptable proof by a board certified physician that such firefighter's death resulted from complications associated with cancer.
e. Provided however, an eligible volunteer firefighter shall be ineligible for these benefits if they are already provided paid firefighter benefits under this article.
3. The combined total of all benefits received by any eligible volunteer firefighter pursuant to paragraphs a and b of subdivision two of this section during his or her lifetime shall not exceed fifty thousand dollars.
4. An eligible volunteer firefighter shall remain eligible for benefits pursuant to paragraphs a, b and d of subdivision two of this section for sixty months after the formal cessation of the volunteer firefighter's status as an active volunteer firefighter. The fire district, department or company in which such firefighter served shall be responsible for payment of all premiums or other costs associated with benefits provided under paragraphs a, b and d of subdivision two of this section throughout the duration of the eligible volunteer firefighter's coverage.
5. A fire district, department or company shall, no later than January first, two thousand nineteen, show proof of insurance coverage that meets the requirements of this section or shall show satisfactory proof of the ability to pay such compensation to ensure adequate coverage for all eligible volunteer firefighters. Such coverage shall remain in effect until sixty months after the fire district, department or company no longer has any volunteer firefighters who could qualify for this benefit.
6. Any fire district, department or company that has had a volunteer firefighter file a claim for or receive an enhanced cancer disability benefit under the provisions of this section shall report such claims filed, claims paid and types of claims to the office of fire prevention and control. Beginning on January first, two thousand twenty, the office of fire and prevention control shall report annually to the governor, the temporary president of the senate, the speaker of the assembly, the chair of the senate finance committee and the chair of the assembly ways and means committee the number of firefighters who have filed claims pursuant to this section and the number of firefighters who have received benefits under the provisions of this section.
7. The office of fire prevention and control, in consultation with the department of financial services and the workers' compensation board, shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of this section. Such regulations shall include the process by which a firefighter files a claim for the enhanced cancer disability benefit, how the beneficiary of such eligible volunteer firefighter files a claim for the enhanced cancer death benefit, the process by which claimants can appeal a denial of benefits and what proof is deemed acceptable to qualify for such benefits.
§ 3. Subsection (c) of section 612 of the tax law is amended by adding a new paragraph 42 to read as follows:
S. 1411--B 4
(42) Insurance payments received by an eligible volunteer firefighter for the cancer disability benefits in section two hundred five-cc of the general municipal law to the extent includable in gross income for federal income tax purposes.
§ 4. This act shall take effect January 1, 2019; provided, however, that effective immediately, the addition and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date; and provided further, however, that the regulations required pursuant to subdivision 7 of section 205-cc of the general municipal law as added by section two of this act shall be finalized no later than June 1, 2018.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general municipal law and the tax law, in relation to the "New York state volunteer firefighter gap coverage cancer disability benefits act"
Purpose
To create the New York State Volunteer Firefighter Gap Coverage Cancer Disability Benefits Act to provide volunteer firefighters who contract certain forms of cancer with enhanced disability benefits.
Summary of provisions
Section 1. State that this act shall be knows and cited as the "New York State Volunteer Firefighter Gap Coverage Cancer Disability Benefits Act."
Read the full memo (849 words)
Section 2. Amends the general municipal law by adding a new section 205-CC to require that any political subdivision liable for benefits provided under the volunteer firefighters' benefit law shall provide and maintain an enhanced cancer disability benefit insurance program for each eligible volunteer firefighter.
A volunteer firefighter will be eligible for enhanced cancer disability benefits if the following criteria is met:
*The volunteer has served for at least five years as an interior firefighter as evidenced by passage of the mask fit test which is required of all volunteer firefighters with an interior firefighting rating; *Upon entrance into the volunteer service the volunteer firefighter successfully passed a physical examination; and *The volunteer firefighter has a disease caused by an uncontrolled division of abnormal cells in any part of the body or a malignant growth or tumor affecting the lymphatic or hematological systems or digestive, urinary, prostate, neurological, breast or reproductive systems or melanoma.
A volunteer who meets the eligibility requirements of the bill shall be eligible for the following disability benefits:
*For medically serious forms of cancer the volunteer firefighter will be eligible for a lump sum payment of $25,000 which may be drawn from a pool of $50,000 which is available if there is more than one negative diagnosis over the volunteer firefighters' lifetime; *In the case of others medically treatable cancers, a lump sum benefit may be drawn from a pool of $50,000 which is available if there is more than one negative diagnosis over the volunteer firefighters' lifetime; *If the volunteer firefighter is totally disabled, a monthly benefit of $1,500 per month payable up to 36 consecutive monthly payments; and *In case of death, the volunteer firefighters' family will be eligible for an accidental death benefit in the amount of $50,000.
Allows a legally organized fire department to use proceeds from real property taxes for purposes of providing such disability insurance.
Requires that any fire department whose member has received a disability payment under the provisions of this act shall report such payments to the Office of Fire Prevention and Control. Beginning in January 1, 2020 the Office of Fire Prevention and Control shall report yearly to the legislature the number of firefighters who have received benefits under this act.
Authorizes the Office of Fire Prevention and Control to adopt rules and regulations as are reasonably necessary to implement the provisions of this act.
Section 3. Provides that fund received by the volunteer firefighter as insurance payments for cancer benefits shall not be subject to New York State income taxes.
Section 4. This act shall take effective on January 1, 2019.
Existing law
Presently, there are no health or disability protections afforded volunteer firefighters outside of what is currently allowed for under the disability provisions in the volunteer firefighters benefit law. Under the firefighters' benefit law, a totally disabled firefighter is limited to $600 per month in disability benefits.
Justification
A series of studies over the last several years have been published which link an increased rate of cancer to firefighters. When a firefighter must respond to an interior fire, there are often carcinogens burning in that fire. These carcinogens come from the burning of everyday products that are engulfed in a fire. Although training of the volunteer and career service has gotten better, and cancer awareness as well as prevention techniques have been highlighted, there is still a higher rate of cancer amongst interior firefighters.
Although volunteer firefighters save the State of New York billions of dollars through their volunteer service, there are no adequate provisions that compensate volunteer firefighters for a risk that studies have shown exist solely because of their job. At the present, if a volunteer firefighter contracts a serious form of cancer, he/she would be eligible for total disability benefits under the volunteer firefighters' law, which this is limited to $600 per month. These protections are not enough to provide the peace of mind for the volunteer firefighter as well as his family that they are protected in case treatment is needed. In many instances, volunteer firefighters have been forced to incur large out-of-pocket expenses when seeking treatment for cancer. A disease which they have gotten because they choose to volunteer and protect their community. This bill would simply provide that peace of mind by creating a gap coverage disability benefit to help the volunteer firefighter offset some of these expenses due to their illness.
Legislative history
None.
Fiscal implications
Unknown.
Effective date
This act shall take effect January 1, 2019 with provision.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.