§ 205-CC — Volunteer firefighter enhanced cancer disability benefits

New York § 205-CC

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 10: Firefighters and Police Officers

Text

§ 205-cc. Volunteer firefighter enhanced cancer disability benefits. A\nlegally organized fire district, department or company shall provide and\nmaintain for each eligible volunteer firefighter, an enhanced cancer\ndisability benefit insurance program.\n 1. Definitions. As used in this section:\n a. "Eligible volunteer firefighter" means:\n * (i) A volunteer firefighter having five or more years of faithful\nand actual service in the protection of life and property from fire in\nthe interior of buildings subsequent to having successfully passed a\nphysical examination which failed to reveal any evidence of cancers as\ndefined in paragraph b of this subdivision; and\n * NB Effective until December 23, 2029\n * (i) A volunteer firefighter having five or more years of faithful\nand actual service in the protection of life and property from fire in\nthe interior of buildings and having successfully passed a physical\nexamination on entry to the firefighter service, which examination\nfailed to reveal any evidence of cancers as defined in paragraph b of\nthis subdivision; and\n * NB Effective December 23, 2029\n * (ii) Having submitted proof of five years of interior firefighting\nservice by providing verification that he or she has passed at least\nfive yearly certified mask fitting tests as set forth in 29 CFR 1910.134\nor the applicable National Fire Protection Association standards for\nmask fit testing or, for firefighters who entered the fire service prior\nto January first, two thousand twenty, documentation identified by the\noffice of fire prevention and control in rules and regulations\npromulgated pursuant to subdivision seven of this section which shall\ninclude, but not be limited to, training or certification records,\nhealth care provider records, internal fire department records, or any\ncombination of official documents capable of evidencing that the\nfirefighter meets the requirements of this section.\n * NB Effective until December 23, 2029\n * (ii) Having submitted proof of five years of interior firefighting\nservice by providing verification that he or she has passed at least\nfive yearly certified mask fitting tests as set forth in 29 CFR 1910.134\nor the current National Fire Protection Association standards for mask\nfit testing.\n * NB Effective December 23, 2029\n b. "Cancer" means:\n (i) A disease caused by an uncontrolled division of abnormal cells in\na part of the body or a malignant growth or tumor resulting from the\ndivision of abnormal cells; and\n (ii) Affecting the prostate or breast, lymphatic, hematological\ndigestive, urinary, neurological, or reproductive systems, or melanoma.\n 2. An eligible volunteer firefighter shall be entitled to payment of\nenhanced cancer benefits as follows:\n a. A lump sum benefit of twenty-five thousand dollars for each\ndiagnosis payable to such firefighter upon acceptable proof to the\ninsurance carrier or other payor of a diagnosis by a board certified\nphysician in the medical specialty appropriate for the type of cancer\ndiagnosed that there are one or more malignant tumors characterized by\nthe uncontrollable and abnormal growth and spread of malignant cells\nwith invasion of normal tissue and that either:\n (i) There is metastasis; and\n (1) surgery, radiotherapy, or chemotherapy is medically necessary; or\n (2) there is a tumor of the prostate, provided that it is treated with\nradical prostatectomy or external beam therapy; or\n (ii) The firefighter has terminal cancer, his or her life expectancy\nis twenty-four months or less from the date of diagnosis, and will not\nbenefit from, or has exhausted, curative therapy.\n b. A lump sum benefit of six thousand two hundred fifty dollars for\neach diagnosis payable to such firefighter upon acceptable proof to the\ninsurance carrier or other payor of a diagnosis by a board certified\nphysician in the medical specialty appropriate for the type of cancer\ninvolved that either:\n (i) There is carcinoma in situ such that surgery, radiotherapy, or\nchemotherapy has been determined to be medically necessary;\n (ii) There are malignant tumors which are treated by endoscopic\nprocedures alone; or\n (iii) There are malignant melanomas.\n c. A monthly benefit of one thousand five hundred dollars, of which\nthe first payment shall be made six months after total disability and\nsubmission of acceptable proof of said disability to the insurance\ncarrier or other payor that such disability is caused by cancer and that\nsuch cancer precludes the firefighter from serving as a firefighter.\nSuch benefit shall continue for up to thirty-six consecutive monthly\npayments.\n (i) Such monthly benefit shall be subordinate to any other benefit\nactually paid to the firefighter solely for such disability from any\nother source, not including private insurance purchased solely by the\nfirefighter, and shall be limited to the difference between the amount\nof such other paid benefit and the amount specified herein; and\n (ii) Any firefighter receiving such monthly benefits may be required\nto have his or her condition reevaluated. In the event any such\nreevaluation reveals that such person has regained the ability to\nperform duties as a firefighter, then his or her monthly benefits shall\ncease the last day of the month of reevaluation.\n (iii) In the event that there is a subsequent reoccurrence of a\ndisability caused by cancer which precludes the firefighter from serving\nas a firefighter, he or she shall be entitled to receive any remaining\nmonthly payments.\n d. An eligible volunteer firefighter shall also be entitled to an\nadditional payment of enhanced cancer death benefits in the amount of\nfifty thousand dollars which is payable to such volunteer or his or her\nbeneficiary upon acceptable proof by a board certified physician that\nsuch firefighter's death resulted from complications associated with\ncancer.\n e. Provided however, an eligible volunteer firefighter shall be\nineligible for these benefits if they are already provided paid\nfirefighter benefits under this article.\n 3. The combined total of all benefits received by any eligible\nvolunteer firefighter pursuant to paragraphs a and b of subdivision two\nof this section during his or her lifetime shall not exceed fifty\nthousand dollars.\n 4. An eligible volunteer firefighter shall remain eligible for\nbenefits pursuant to paragraphs a, b and d of subdivision two of this\nsection for sixty months after the formal cessation of the volunteer\nfirefighter's status as an active volunteer firefighter. The fire\ndistrict, department or company in which such firefighter served shall\nbe responsible for payment of all premiums or other costs associated\nwith benefits provided under paragraphs a, b and d of subdivision two of\nthis section throughout the duration of the eligible volunteer\nfirefighter's coverage.\n 5. A fire district, department or company shall, no later than January\nfirst, two thousand nineteen, show proof of insurance coverage that\nmeets the requirements of this section or shall show satisfactory proof\nof the ability to pay such compensation to ensure adequate coverage for\nall eligible volunteer firefighters. Such coverage shall remain in\neffect until sixty months after the fire district, department or company\nno longer has any volunteer firefighters who could qualify for this\nbenefit.\n 6. Any fire district, department or company that has had a volunteer\nfirefighter file a claim for or receive an enhanced cancer disability\nbenefit under the provisions of this section shall report such claims\nfiled, claims paid and types of claims to the office of fire prevention\nand control. Beginning on January first, two thousand twenty, the office\nof fire and prevention control shall report annually to the governor,\nthe temporary president of the senate, the speaker of the assembly, the\nchair of the senate finance committee and the chair of the assembly ways\nand means committee the number of firefighters who have filed claims\npursuant to this section and the number of firefighters who have\nreceived benefits under the provisions of this section.\n * 7. The office of fire prevention and control, in consultation with\nthe department of financial services and the workers' compensation\nboard, shall adopt such rules and regulations as are reasonable and\nnecessary to implement the provisions of this section. Such regulations\nshall include establishing acceptable documentation for proof of\neligibility, the process by which a firefighter files a claim for the\nenhanced cancer disability benefit, how the beneficiary of such eligible\nvolunteer firefighter files a claim for the enhanced cancer death\nbenefit, the process by which claimants can appeal a denial of benefits\nand what proof is deemed acceptable to qualify for such benefits.\n * NB Effective until December 23, 2029\n * 7. The office of fire prevention and control, in consultation with\nthe department of financial services and the workers' compensation\nboard, shall adopt such rules and regulations as are reasonable and\nnecessary to implement the provisions of this section. Such regulations\nshall include the process by which a firefighter files a claim for the\nenhanced cancer disability benefit, how the beneficiary of such eligible\nvolunteer firefighter files a claim for the enhanced cancer death\nbenefit, the process by which claimants can appeal a denial of benefits\nand what proof is deemed acceptable to qualify for such benefits.\n * NB Effective December 23, 2029\n