What's happening
This bill requires death benefits for volunteer firefighters and ambulance workers to be paid within 90 days of application, with outreach to assist claimants.
Why it matters
Speeds up financial relief for families. By mandating that death benefits be paid within 90 days of application (unless there’s a formal dispute or identified discrepancy), the bill ensures grieving families of volunteer firefighters and ambulance workers receive crucial financial support more quickly.
Increases transparency and accountability. If a claim cannot be processed within the 90-day window due to discrepancies, the Workers’ Compensation Board must notify claimants in writing, explaining the specific issue and why there’s a delay—helping families better understand and track their claims.
Proactive support for beneficiaries. The bill requires the Workers’ Compensation Board to conduct outreach and provide coordinated information and assistance to potential beneficiaries, which can help families navigate complex application procedures and reduce the risk of mistakes or missed benefits.
Potential to streamline bureaucratic processes. By setting clear deadlines and communication requirements, the legislation may prompt insurance carriers and employers to address claims more efficiently and reduce unnecessary administrative delays.
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Who cares
Headline styles
Faster Death Benefits Payment
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to local governments
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.54
- Referred to local government
- Returned to senate
- Died in assembly
- Referred to local governments
- Delivered to assembly
- Passed senateVote 61–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.208
- 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.
Faster Death Benefits Payments
In Assembly Committee · Local Governments · Sponsor Kevin Cahill
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3057
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law, in relation to the payment of death benefits
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The volunteer firefighters' benefit law is amended by adding a new section 7-b to read as follows:
§ 7-b. Payment of death benefits. 1. All death benefits payable under section seven of this article shall be paid to the person or persons entitled to such benefit within ninety days of the date such person or persons files an application with the workers' compensation board to receive such benefit, except if the employer or insurance carrier files a notice of controversy with the chair of the workers' compensation board in accordance with section twenty-five of the workers' compensation law; provided that if there is a discrepancy in the claim for benefits that would prevent the claim from being processed within ninety days, the workers' compensation board shall provide written notice to the claimant within such ninety day period explaining the discrepancy and why the claim cannot be processed within the ninety day period.
2. The workers' compensation board shall conduct outreach services to provide coordinated information to the person or persons entitled to a death benefit payable under section seven of this article regarding assistance available to help such person or persons with the death benefit program's application procedures.
§ 2. The volunteer ambulance workers' benefit law is amended by adding a new section 7-b to read as follows:
§ 7-b. Payment of death benefits. 1. All death benefits payable under section seven of this article shall be paid to the person or persons entitled to such benefit within ninety days of the date such person or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03108-01-9
S. 3057 2
persons files an application with the workers' compensation board to receive such benefit, except if the employer or insurance carrier files a notice of controversy with the chair of the workers' compensation board in accordance with section twenty-five of the workers' compensation law; provided that if there is a discrepancy in the claim for benefits that would prevent the claim from being processed within ninety days, the workers' compensation board shall provide written notice to the claimant within such ninety day period explaining the discrepancy and why the claim cannot be processed within the ninety day period.
2. The workers' compensation board shall conduct outreach services to provide coordinated information to the person or persons entitled to a death benefit payable under section seven of this article regarding assistance available to help such person or persons with the death benefit program's application procedures.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the volunteer firefighters' benefit law and the volun- teer ambulance workers' benefit law, in relation to the payment of death benefits
Purpose or general idea of the bill
To establish the payment of certain volunteer firefighter and volunteer ambulance worker death benefits to be paid within ninety days of the filing of application to receive such death benefits.
Summary of provisions
Section 1 of the bill establishes the payment of certain volunteer fire- fighter death benefits shall be within ninety days of the filing of application to receive such death benefit
Section 2 of the bill establishes the payment certain volunteer ambu- lance worker death benefits shall be within ninety days of the filing of application to receive such death benefit.
Sections 1 and 2 of the bill both require the workers' compensation board to conduct outreach and support services to persons entitled to the death benefit payable under Section 7 of the VFBL and the VAWBL.
Section 3 sets forth an immediate effective date.
Justification
Section 7 of the Volunteer Firefighters' Benefit Law (VFBL) provides a death benefit of $50,000 for volunteer firefighters who die in the line of duty. Over the years, there have been a number of instances in which payment of the VFBL death benefits were delayed. These delays only cause significant hardship (financial and otherwise) for the beneficiary of the volunteer firefighter. It has been documented that in certain cases beneficiaries have waited over 6 months to receive payment of benefit. In at least one instance, a widow had to wait two and a half years before being compensated and almost lost her house as a result. This legislation will assist surviving spouses and beneficiaries through the claims process and mandate that payment of benefits be made available within 90 days upon the filing of application.
This legislation will also provide this same protection under Section 7 of the Volunteer Ambulance Workers' Benefit Law (VAWBL).
This measure will also encourage communication and coordination among the workers' compensation board, volunteer fire and ambulance service organizations, volunteer firefighters and ambulance workers and their families. While it is clear that some period of time is required in order to determine whether a death or injury occurred in the line of duty, excessive delays in payment only create significant frustration and anguish to the family of the volunteer firefighter. By including these minor additional parameters to the VFBL and VAWBL, this legis- lation will encourage communication among the interested parties and will ensure timely payment of allowable benefits.
Legislative history
2017-18, S1195/A1451 2015, S.888-A/A.1061 (Cahill), Passed Senate 2013-14, S.683/A.1152 (Cahill) 2011-12, S. 7196/A.0123 (Cahill) 2009-10, A.0963 (Cahill) 2007-08, A.7854 (Cahill) 2005-06, S.602 (Bonacic)/A.7247 (Cahill) 2003-04, S.6539 (Bonacic)/A.10852 (Cahill)
Fiscal implications
None
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.