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S6962Senate2019-2020 SessionSame asA9065

Expand Firefighter Cancer Benefits Proof

Official title

“Relates to proof of eligibility for volunteer firefighter enhanced cancer disability benefits; repealer”

Sponsor Jim GaughranSD-5+1 co-sponsorAffects Local Government
Status
In Assembly Committee
Local Governments
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Local Governments

What's happening

This bill makes it easier for volunteer firefighters to prove eligibility for enhanced cancer disability benefits by expanding acceptable documentation.

Why it matters

  1. Expands the types of documentation. that volunteer firefighters can use to prove eligibility for enhanced cancer disability benefits—including health care provider records, training/certification records, and internal fire department records, not just annual mask fit tests—making it easier for long-serving volunteers to qualify.

  2. Addresses challenges for older volunteers. who began service before January 1, 2020, and might not have complete fit test records, ensuring they are not unfairly excluded from benefits due to past record-keeping practices.

  3. Mandates clear state guidelines. on what documentation is acceptable, reducing confusion and inconsistent application of the law across fire departments and helping both volunteers and administrators understand the process.

  4. Could increase access to benefits. for deserving firefighters who develop cancer related to their service, providing greater financial protection and recognition for health risks taken in the line of duty.

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Who cares

  • Volunteer firefighters who entered service before January 1, 2020

    The bill would let them document five years of interior firefighting through approved records instead of five yearly certified mask-fitting tests.

  • Volunteer firefighters seeking enhanced cancer disability benefits

    The bill would require five years of interior firefighting after a cancer-free physical exam, but would no longer require that exam to have occurred upon entry into service.

  • Office of Fire Prevention and Control

    The bill would require the office to establish acceptable eligibility documentation through regulations, in consultation with the Department of Financial Services and Workers’ Compensation Board.

  • Volunteer fire departments

    Their internal records, along with training, certification and health care provider records, could help qualifying pre-2020 firefighters document eligibility under the office’s rules.

Headline styles

Expand Firefighter Cancer Benefits Proof

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jim Gaughran

Senator · Senate District 5

Chair, Local Government

1 Co-sponsor

History

  1. Referred to local governments
  2. Delivered to assembly
  3. Passed senateVote 60–0
  4. Ordered to third reading cal.41
  5. Referred to rules
  6. 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.

A9065Assembly

Easier Proof for Firefighter Benefits

In Assembly Committee · Ways And Means · Sponsor Aileen Gunther

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6962

IN SENATE

January 6, 2020

Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the general municipal law, in relation to proof of eligibility for volunteer firefighter enhanced cancer disability benefits; and to repeal certain provisions of the general municipal law relating thereto

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subparagraphs (i) and (ii) of paragraph a of subdivision 1 of section 205-cc of the general municipal law, subparagraph (i) as added by chapter 334 of the laws of 2017 and subparagraph (ii) as amended by a chapter of the laws of 2019 amending the general municipal law relating to proof of eligibility for volunteer firefighter enhanced cancer disability benefits, as proposed in legislative bills numbers S. 4173-A and A. 5957-A, are amended to read as follows:

(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] subsequent to having successfully passed a physical examination [on entry to the firefighter service,] which [examination] failed to 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 applicable National Fire Protection Association standards for mask fit testing or, for firefighters who entered the fire service prior to January first, two thousand twenty, documentation identified by the office of fire prevention and control in rules and regulations promulgated pursuant to subdivision seven of this section which shall include, but not be limited to, training or certification records, health care provider records, internal fire department records, or any combination of official documents capable of evidencing that the firefighter meets the requirements of this section.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

S LBD09470-04-9

S. 6962 2

§ 2. Subdivision 7 of section 205-cc of the general municipal law, as added by chapter 334 of the laws of 2017, is amended to read as follows:

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 establishing acceptable documentation for proof of eligibility, 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. Subdivision 8 of section 205-cc of the general municipal law, as added by a chapter of the laws of 2019 amending the general municipal law relating to proof of eligibility for volunteer firefighter enhanced cancer disability benefits, as proposed in legislative bills numbers S. 4173-A and A. 5957-A, is REPEALED.

§ 4. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the general municipal law relating to proof of eligibility for volunteer firefighter enhanced cancer disability benefits, as proposed in legislative bills numbers S. 4173-A and A. 5957-A, takes effect.

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, in relation to proof of eligibility for volunteer firefighter enhanced cancer disability bene- fits; and to repeal certain provisions of the general municipal law relating thereto

Purpose

This is a chapter amendment that makes changes to provisions of L.2019, c.738.

Summary of provisions

This legislation amends the underlying chapter by allowing additional alternative documentation to be used to verify firefighters' eligibility for the program.

Justification

Pursuant to approval memo 84 of 2019, the Executive expressed a desire to provide additional flexibility in the documentation permitted to verify eligibility under the volunteer firefighter enhanced cancer disa- bility benefits program.

Legislative history

Chapter amendment to Chapter 738 of the Laws of 2019.

Fiscal implications

None

Effective date

This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the general municipal law relating to proof of eligibility for volunteer firefighter enhanced cancer disa- bility benefits, as proposed in legislative bills numbers S. 4173-A and A. 5957-A, takes effect.

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