N.Y. Volunteer Ambulance Workers Benefit Law § 7

Current through 2024 NY Law Chapter 553

Section 7 - Death benefits

In the event of death the benefit shall be known as a death benefit and shall be paid as follows:

1. The reasonable funeral expenses of the deceased volunteer ambulance worker shall be paid in an amount not exceeding six thousand seven hundred dollars. If such funeral expenses shall have been paid by a person entitled to benefits under this section or by others, the funeral expenses awarded shall be made payable to such beneficiary or others; otherwise they shall be payable to the undertaker who provided the burial. Funeral expenses shall be awarded in all death cases.

2. If there be a surviving spouse, to such spouse the lump sum of fifty-six thousand dollars, but if there be no surviving spouse, then to the executor or administrator of the estate of the volunteer ambulance worker, the lump sum of fifty-six thousand dollars. Such sum shall be in addition to any other benefits provided in this chapter and shall not be diminished by benefits paid to the volunteer ambulance worker during his lifetime. Any money paid to an executor or administrator pursuant to the provisions of this subdivision shall be distributed in the manner provided by the laws of this state for the distribution of the personal property of an intestate decedent.

3. In the case of a death of a volunteer ambulance worker, on or after the enactment of this chapter and prior to July first, nineteen hundred ninety, if there be a surviving spouse and no surviving child of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution and no surviving child of any age dependent blind or physically disabled, to such spouse six hundred sixty-five dollars for each week until remarried, and upon such remarriage the lump sum of sixty-nine thousand one hundred sixty-four dollars.

4. If any person under the age of eighteen years is an inmate of any institution and a public charge upon the state or any political subdivision, the benefits allowed hereunder shall be payable to the state or political subdivision to the extent of the reasonable charges for care and maintenance, during the continuance as a public charge in such institution of such beneficiary and until he or she shall have attained the age of eighteen years. Any sum or sums remaining after such payments shall be distributed as provided in this section.

5. The term "dependent blind or physically disabled", as used in this section in relation to dependent children, means totally blind or physically disabled dependent children whose disablement is total and permanent.

6. All questions of dependency shall be determined as of the time of the injury.

7. The workers' compensation board may in its discretion require the appointment of a guardian for the purpose of receiving benefits payable to a minor child or a dependent blind or physically disabled child. In the absence of such a requirement by such board the appointment of a guardian for such purposes shall not be necessary.

8. In the case of a death of a volunteer ambulance worker, on or after the effective date of this chapter and prior to July first, nineteen hundred ninety, that results from services performed in the line of duty, if there be a surviving spouse and a surviving child or children of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or a surviving child or children of any age dependent blind or physically disabled, to such spouse three hundred sixty-six dollars for each week until remarried, and the additional amount of three hundred dollars for each week for such child or children, share and share alike, until the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or until the removal of the dependency of the blind or physically disabled child or children.

In the case of the death of such surviving spouse, the surviving child or children of the deceased ambulance worker, at the time under eighteen years of age or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or dependent through mental or physical infirmity, shall have his or her or their benefit increased to six hundred sixty-five dollars for each week, share and share alike, and the same shall be payable until he or she or they shall reach the age of eighteen years or twenty-five years, as the case may be, or until such dependent blind or physically disabled condition shall have been removed. Upon the remarriage of such surviving spouse prior to the statutory termination of benefits to all such children, such spouse shall be paid the lump sum of thirty-eight thousand forty dollars; and the surviving child shall continue to receive weekly payments of three hundred dollars; if there be two surviving children, each shall receive two hundred fifty dollars per week; and if there be more than two surviving children, they shall receive six hundred sixty-five dollars per week, share and share alike; and the same shall be payable until he or she or they shall reach the age of eighteen years or twenty-five years, as the case may be, or until such dependent blind or physically disabled condition shall have been removed. Upon statutory termination of payments to all such children, the payments to the surviving spouse shall be increased to six hundred sixty-five dollars for each week until such spouse remarries, and upon such remarriage, such spouse shall be paid the lump sum of sixty-nine thousand one hundred sixty-four dollars. In no event shall the total amount payable for each week under this subdivision exceed six hundred sixty-five dollars.

9. In the case of a death of a volunteer ambulance worker, on or after the effective date of this chapter and prior to July first, nineteen hundred ninety, that results from services performed in the line of duty, if there be surviving a child or children of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or a dependent blind or physically disabled child or children of any age, but no surviving spouse, for the support of such child or children until the age of eighteen years or twenty-five years as the case may be, or until the removal of the dependency of such blind or physically disabled child or children, six hundred sixty-five dollars, share and share alike, for each week; provided that the total amount payable for each week under this subdivision shall not exceed six hundred sixty-five dollars per week.

10. In the case of a death of a volunteer ambulance worker, on or after the effective date of this chapter and prior to July first, nineteen hundred ninety, that results from services performed in the line of duty, if there be no surviving spouse or child of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or dependent blind or physically disabled child of the deceased of any age, then for the support of grandchildren or brothers and sisters under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution if dependent upon the deceased at the time of the injury, two hundred fifty dollars for each week for the support of each such person until the age of eighteen years or twenty-five years as the case may be, and for the support of each parent or grandparent of the deceased, if dependent upon the deceased at the time of the injury, four hundred dollars for each week during such dependency, but in no case shall the aggregate amount payable under this subdivision exceed six hundred sixty-five dollars per week.

11. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety and prior to July first, nineteen hundred ninety-one, that results from services performed in the line of duty, if there be a surviving spouse and no surviving child of the deceased under the age of eighteen or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution and no surviving child of any age dependent blind or physically disabled, to such spouse seven hundred fifty-four dollars for each week until remarried and upon such remarriage the lump sum of seventy-eight thousand three hundred sixty-four dollars.

12. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety and prior to July first, nineteen hundred ninety-one, that results from services performed in the line of duty, if there be a surviving spouse and a surviving child or children of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or a surviving child or children of any age dependent blind or physically disabled, to such spouse four hundred fifteen dollars for each week until remarried, and the additional amount of three hundred thirty-nine dollars for each week for such child or children, share and share alike, until the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or until the removal of the dependency of the blind or physically disabled child or children. In the case of the death of such surviving spouse, the surviving child or children of the deceased ambulance worker, at the time under eighteen years of age or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or dependent through mental or physical infirmity, shall have his or her benefit increased to seven hundred fifty-four dollars, for each week, share and share alike, and the same shall be payable until he or she or they shall reach the age of eighteen years or twenty-five years as the case may be, or until such dependent blind or physically disabled condition shall have been removed. Upon the remarriage of such surviving spouse prior to the statutory termination of benefit to all such children, such spouse shall be paid the lump sum of forty-three thousand six dollars and the surviving child shall continue to receive weekly payments of three hundred thirty-nine dollars; if there be two surviving children, each shall receive two hundred eighty-three dollars per week; and if there be more than two surviving children, they shall receive seven hundred fifty-four dollars per week, share and share alike; and the same shall be payable until he or she or they shall reach the age of eighteen years or twenty-five years, as the case may be, or until such dependent blind or physically disabled condition shall have been removed. Upon statutory termination of payments to all such children, the payments to the surviving spouse shall be increased to seven hundred fifty-four dollars for each week until such spouse remarries and upon such remarriage such spouse shall be paid the lump sum of seventy-eight thousand three hundred sixty-four dollars. In no event shall the total amount payable for each week under this subdivision exceed seven hundred fifty-four dollars.

13. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety and prior to July first, nineteen hundred ninety-one, that results from services performed in the line of duty, if there be surviving a child or children of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or a dependent child or physically disabled child or children of any age, but no surviving spouse, for support of such child or children until the age of eighteen years or twenty-five years as the case may be, or until removal of the dependency of such blind or physically disabled child or children, seven hundred fifty-four dollars share and share alike, for each week; provided that the total amount payable for each week under this subdivision shall not exceed seven hundred fifty-four dollars per week.

14. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety and prior to July first, nineteen hundred ninety-one, that results from services performed in the line of duty, if there be no surviving spouse or child of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution, or dependent blind or physically disabled child of the deceased of any age, then for the support of grandchildren or brothers and sisters under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution if dependent upon the deceased at the time of the injury, two hundred eighty-three dollars for each week for the support of each such person until the age of eighteen years or twenty-five years as the case may be, and for the support of each parent or grandparent of the deceased if dependent upon the deceased at the time of the injury, four hundred fifty-two dollars for each week during such dependency but in no case shall the aggregate amount payable under this subdivision exceed seven hundred fifty-four dollars per week.

15. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety-one and prior to July first, nineteen hundred ninety-two that results from services performed in the line of duty, if there be a surviving spouse and no surviving child of the deceased under the age of eighteen or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution and no surviving child of any age dependent blind or physically disabled, to such spouse seven hundred seventy-six dollars for each week until remarried and upon such remarriage the lump sum of eighty thousand six hundred ninety-two dollars.

16. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety-one and prior to July first, nineteen hundred ninety-two, that results from services performed in the line of duty, if there be a surviving spouse and a surviving child or children of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or a surviving child or children of any age dependent blind or physically disabled, to such spouse four hundred twenty-seven dollars for each week until remarried, and the additional amount of three hundred forty-nine dollars for each week for such child or children, share and share alike, until the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or until the removal of the dependency of the blind or physically disabled child or children. In the case of the death of such surviving spouse, the surviving child or children of the deceased ambulance worker, at the time under eighteen years of age or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or dependent through mental or physical infirmity, shall have his or her benefit increased to seven hundred seventy-six dollars, for each week, share and share alike, and the same shall be payable until he or she or they shall reach the age of eighteen years or twenty-five years as the case may be, or until such dependent blind or physically disabled condition shall have been removed. Upon the remarriage of such surviving spouse prior to the statutory termination of benefit to all such children, such spouse shall be paid the lump sum of forty-four thousand three hundred eighty dollars and the surviving child shall continue to receive weekly payments of three hundred forty-nine dollars; if there be two surviving children, each shall receive two hundred ninety-one dollars per week; and if there be more than two surviving children, they shall receive seven hundred seventy-six dollars per week, share and share alike; and the same shall be payable until he or she or they shall reach the age of eighteen years or twenty-five years, as the case may be, or until such dependent blind or physically disabled condition shall have been removed. Upon statutory termination of payments to all such children, the payments to the surviving spouse shall be increased to seven hundred seventy-six dollars for each week until such spouse remarries and upon such remarriage such spouse shall be paid the lump sum of eighty thousand six hundred ninety-two dollars. In no event shall the total amount payable for each week under this subdivision exceed seven hundred seventy-six dollars.

17. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety-one and prior to July first, nineteen hundred ninety-two, that results from services performed in the line of duty, if there be surviving a child or children of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or a dependent child or physically disabled child or children of any age, but no surviving spouse, for support of such child or children until the age of eighteen years or twenty-five years as the case may be, or until removal of the dependency of such blind or physically disabled child or children, seven hundred seventy-six dollars share and share alike, for each week; provided that the total amount payable for each week under this subdivision shall not exceed seven hundred seventy-six dollars per week.

18. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety-one and prior to July first, nineteen hundred ninety-two, that results from services performed in the line of duty, if there be no surviving spouse or child of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution, or dependent blind or physically disabled child of the deceased of any age, then for the support of grandchildren or brothers and sisters under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution if dependent upon the deceased at the time of the injury, two hundred ninety-one dollars for each week for the support of each such person until the age of eighteen years or twenty-five years as the case may be, and for the support of each parent or grandparent of the deceased if dependent upon the deceased at the time of the injury, four hundred sixty-six dollars for each week during such dependency but in no case shall the aggregate amount payable under this subdivision exceed seven hundred seventy-six dollars per week.

19. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety-two, that results from services performed in the line of duty, if there be a surviving spouse and no surviving child of the deceased under the age of eighteen or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution and no surviving child of any age dependent blind or physically disabled, to such spouse eight hundred eighty-seven dollars for each week until remarried and upon such remarriage the lump sum of ninety-two thousand two hundred nineteen dollars.

20. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety-two, that results from services performed in the line of duty, if there be a surviving spouse and a surviving child or children of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or a surviving child or children of any age dependent blind or physically disabled, to such spouse four hundred eighty-eight dollars for each week until remarried, and the additional amount of four hundred dollars for each week for such child or children, share and share alike, until the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or until the removal of the dependency of the blind or physically disabled child or children. In the case of the death of such surviving spouse, the surviving child or children of the deceased ambulance worker, at the time under eighteen years of age or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or dependent through mental or physical infirmity, shall have his or her benefit increased to eight hundred eighty-seven dollars, for each week, share and share alike, and the same shall be payable until he or she or they shall reach the age of eighteen years or twenty-five years as the case may be, or until such dependent blind or physically disabled condition shall have been removed. Upon the remarriage of such surviving spouse prior to the statutory termination of benefit to all such children, such spouse shall be paid the lump sum of fifty thousand seven hundred twenty dollars and the surviving child shall continue to receive weekly payments of four hundred dollars; if there be two surviving children, each shall receive three hundred thirty-three dollars per week; and if there be more than two surviving children, they shall receive eight hundred eighty-seven dollars per week, share and share alike; and the same shall be payable until he or she or they shall reach the age of eighteen years or twenty-five years, as the case may be, or until such dependent blind or physically disabled condition shall have been removed. Upon statutory termination of payments to all such children, the payments to the surviving spouse shall be increased to eight hundred eighty-seven dollars for each week until such spouse remarries and upon such remarriage such spouse shall be paid the lump sum of ninety-two thousand two hundred nineteen dollars. In no event shall the total amount payable for each week under this subdivision exceed eight hundred eighty-seven dollars.

21. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety-two, that results from services performed in the line of duty, if there be surviving a child or children of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution or a dependent child or physically disabled child or children of any age, but no surviving spouse, for support of such child or children until the age of eighteen years or twenty-five years as the case may be, or until removal of the dependency of such blind or physically disabled child or children, eight hundred eighty-seven dollars share and share alike, for each week; provided that the total amount payable for each week under this subdivision shall not exceed eight hundred eighty-seven dollars per week.

22. In the case of a death of a volunteer ambulance worker on or after July first, nineteen hundred ninety-two, that results from services performed in the line of duty, if there be no surviving spouse or child of the deceased under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution, or dependent blind or physically disabled child of the deceased of any age, then for the support of grandchildren or brothers and sisters under the age of eighteen years or under the age of twenty-five years who is enrolled as a full time student in any accredited educational institution if dependent upon the deceased at the time of the injury, three hundred thirty-three dollars for each week for the support of each such person until the age of eighteen years or twenty-five years as the case may be, and for the support of each parent or grandparent of the deceased if dependent upon the deceased at the time of the injury, five hundred thirty-two dollars for each week during such dependency but in no case shall the aggregate amount payable under this subdivision exceed eight hundred eighty-seven dollars per week.

N.Y. Volunteer Ambulance Workers Benefit § 7