§ 7 — Death benefits

New York § 7

• Jurisdiction: New York
• Law VAW: Volunteer Ambulance Workers' Benefit
• Art. 2: Coverage and Benefits

Text

§ 7. Death benefits. In the event of death the benefit shall be known\nas a death benefit and shall be paid as follows:\n 1. The reasonable funeral expenses of the deceased volunteer ambulance\nworker shall be paid in an amount not exceeding six thousand seven\nhundred dollars. If such funeral expenses shall have been paid by a\nperson entitled to benefits under this section or by others, the funeral\nexpenses awarded shall be made payable to such beneficiary or others;\notherwise they shall be payable to the undertaker who provided the\nburial. Funeral expenses shall be awarded in all death cases.\n 2. If there be a surviving spouse, to such spouse the lump sum of\nfifty-six thousand dollars, but if there be no surviving spouse, then to\nthe executor or administrator of the estate of the volunteer ambulance\nworker, the lump sum of fifty-six thousand dollars. Such sum shall be in\naddition to any other benefits provided in this chapter and shall not be\ndiminished by benefits paid to the volunteer ambulance worker during his\nlifetime. Any money paid to an executor or administrator pursuant to the\nprovisions of this subdivision shall be distributed in the manner\nprovided by the laws of this state for the distribution of the personal\nproperty of an intestate decedent.\n 3. In the case of a death of a volunteer ambulance worker, on or after\nthe enactment of this chapter and prior to July first, nineteen hundred\nninety, if there be a surviving spouse and no surviving child of the\ndeceased under the age of eighteen years or under the age of twenty-five\nyears who is enrolled as a full time student in any accredited\neducational institution and no surviving child of any age dependent\nblind or physically disabled, to such spouse six hundred sixty-five\ndollars for each week until remarried, and upon such remarriage the lump\nsum of sixty-nine thousand one hundred sixty-four dollars.\n 4. If any person under the age of eighteen years is an inmate of any\ninstitution and a public charge upon the state or any political\nsubdivision, the benefits allowed hereunder shall be payable to the\nstate or political subdivision to the extent of the reasonable charges\nfor care and maintenance, during the continuance as a public charge in\nsuch institution of such beneficiary and until he or she shall have\nattained the age of eighteen years. Any sum or sums remaining after such\npayments shall be distributed as provided in this section.\n 5. The term "dependent blind or physically disabled", as used in this\nsection in relation to dependent children, means totally blind or\nphysically disabled dependent children whose disablement is total and\npermanent.\n 6. All questions of dependency shall be determined as of the time of\nthe injury.\n 7. The workers' compensation board may in its discretion require the\nappointment of a guardian for the purpose of receiving benefits payable\nto a minor child or a dependent blind or physically disabled child. In\nthe absence of such a requirement by such board the appointment of a\nguardian for such purposes shall not be necessary.\n 8. In the case of a death of a volunteer ambulance worker, on or after\nthe effective date of this chapter and prior to July first, nineteen\nhundred ninety, that results from services performed in the line of\nduty, if there be a surviving spouse and a surviving child or children\nof the deceased under the age of eighteen years or under the age of\ntwenty-five years who is enrolled as a full time student in any\naccredited educational institution or a surviving child or children of\nany age dependent blind or physically disabled, to such spouse three\nhundred sixty-six dollars for each week until remarried, and the\nadditional amount of three hundred dollars for each week for such child\nor children, share and share alike, until the age of eighteen years or\nunder the age of twenty-five years who is enrolled as a full time\nstudent in any accredited educational institution or until the removal\nof the dependency of the blind or physically disabled child or children.\n In the case of the death of such surviving spouse, the surviving child\nor children of the deceased ambulance worker, at the time under eighteen\nyears of age or under the age of twenty-five years who is enrolled as a\nfull time student in any accredited educational institution or dependent\nthrough mental or physical infirmity, shall have his or her or their\nbenefit increased to six hundred sixty-five dollars for each week, share\nand share alike, and the same shall be payable until he or she or they\nshall reach the age of eighteen years or twenty-five years, as the case\nmay be, or until such dependent blind or physically disabled condition\nshall have been removed. Upon the remarriage of such surviving spouse\nprior to the statutory termination of benefits to all such children,\nsuch spouse shall be paid the lump sum of thirty-eight thousand forty\ndollars; and the surviving child shall continue to receive weekly\npayments of three hundred dollars; if there be two surviving children,\neach shall receive two hundred fifty dollars per week; and if there be\nmore than two surviving children, they shall receive six hundred\nsixty-five dollars per week, share and share alike; and the same shall\nbe payable until he or she or they shall reach the age of eighteen years\nor twenty-five years, as the case may be, or until such dependent blind\nor physically disabled condition shall have been removed. Upon statutory\ntermination of payments to all such children, the payments to the\nsurviving spouse shall be increased to six hundred sixty-five dollars\nfor each week until such spouse remarries, and upon such remarriage,\nsuch spouse shall be paid the lump sum of sixty-nine thousand one\nhundred sixty-four dollars. In no event shall the total amount payable\nfor each week under this subdivision exceed six hundred sixty-five\ndollars.\n 9. In the case of a death of a volunteer ambulance worker, on or after\nthe effective date of this chapter and prior to July first, nineteen\nhundred ninety, that results from services performed in the line of\nduty, if there be surviving a child or children of the deceased under\nthe age of eighteen years or under the age of twenty-five years who is\nenrolled as a full time student in any accredited educational\ninstitution or a dependent blind or physically disabled child or\nchildren of any age, but no surviving spouse, for the support of such\nchild or children until the age of eighteen years or twenty-five years\nas the case may be, or until the removal of the dependency of such blind\nor physically disabled child or children, six hundred sixty-five\ndollars, share and share alike, for each week; provided that the total\namount payable for each week under this subdivision shall not exceed six\nhundred sixty-five dollars per week.\n 10. In the case of a death of a volunteer ambulance worker, on or\nafter the effective date of this chapter and prior to July first,\nnineteen hundred ninety, that results from services performed in the\nline of duty, if there be no surviving spouse or child of the deceased\nunder the age of eighteen years or under the age of twenty-five years\nwho is enrolled as a full time student in any accredited educational\ninstitution or dependent blind or physically disabled child of the\ndeceased of any age, then for the support of grandchildren or brothers\nand sisters under the age of eighteen years or under the age of\ntwenty-five years who is enrolled as a full time student in any\naccredited educational institution if dependent upon the deceased at the\ntime of the injury, two hundred fifty dollars for each week for the\nsupport of each such person until the age of eighteen years or\ntwenty-five years as the case may be, and for the support of each parent\nor grandparent of the deceased, if dependent upon the deceased at the\ntime of the injury, four hundred dollars for each week during such\ndependency, but in no case shall the aggregate amount payable under this\nsubdivision exceed six hundred sixty-five dollars per week.\n 11. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety and prior to July first, nineteen\nhundred ninety-one, that results from services performed in the line of\nduty, if there be a surviving spouse and no surviving child of the\ndeceased under the age of eighteen or under the age of twenty-five years\nwho is enrolled as a full time student in any accredited educational\ninstitution and no surviving child of any age dependent blind or\nphysically disabled, to such spouse seven hundred fifty-four dollars for\neach week until remarried and upon such remarriage the lump sum of\nseventy-eight thousand three hundred sixty-four dollars.\n 12. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety and prior to July first, nineteen\nhundred ninety-one, that results from services performed in the line of\nduty, if there be a surviving spouse and a surviving child or children\nof the deceased under the age of eighteen years or under the age of\ntwenty-five years who is enrolled as a full time student in any\naccredited educational institution or a surviving child or children of\nany age dependent blind or physically disabled, to such spouse four\nhundred fifteen dollars for each week until remarried, and the\nadditional amount of three hundred thirty-nine dollars for each week for\nsuch child or children, share and share alike, until the age of eighteen\nyears or under the age of twenty-five years who is enrolled as a full\ntime student in any accredited educational institution or until the\nremoval of the dependency of the blind or physically disabled child or\nchildren. In the case of the death of such surviving spouse, the\nsurviving child or children of the deceased ambulance worker, at the\ntime under eighteen years of age or under the age of twenty-five years\nwho is enrolled as a full time student in any accredited educational\ninstitution or dependent through mental or physical infirmity, shall\nhave his or her benefit increased to seven hundred fifty-four dollars,\nfor each week, share and share alike, and the same shall be payable\nuntil he or she or they shall reach the age of eighteen years or\ntwenty-five years as the case may be, or until such dependent blind or\nphysically disabled condition shall have been removed. Upon the\nremarriage of such surviving spouse prior to the statutory termination\nof benefit to all such children, such spouse shall be paid the lump sum\nof forty-three thousand six dollars and the surviving child shall\ncontinue to receive weekly payments of three hundred thirty-nine\ndollars; if there be two surviving children, each shall receive two\nhundred eighty-three dollars per week; and if there be more than two\nsurviving children, they shall receive seven hundred fifty-four dollars\nper week, share and share alike; and the same shall be payable until he\nor she or they shall reach the age of eighteen years or twenty-five\nyears, as the case may be, or until such dependent blind or physically\ndisabled condition shall have been removed. Upon statutory termination\nof payments to all such children, the payments to the surviving spouse\nshall be increased to seven hundred fifty-four dollars for each week\nuntil such spouse remarries and upon such remarriage such spouse shall\nbe paid the lump sum of seventy-eight thousand three hundred sixty-four\ndollars. In no event shall the total amount payable for each week under\nthis subdivision exceed seven hundred fifty-four dollars.\n 13. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety and prior to July first, nineteen\nhundred ninety-one, that results from services performed in the line of\nduty, if there be surviving a child or children of the deceased under\nthe age of eighteen years or under the age of twenty-five years who is\nenrolled as a full time student in any accredited educational\ninstitution or a dependent child or physically disabled child or\nchildren of any age, but no surviving spouse, for support of such child\nor children until the age of eighteen years or twenty-five years as the\ncase may be, or until removal of the dependency of such blind or\nphysically disabled child or children, seven hundred fifty-four dollars\nshare and share alike, for each week; provided that the total amount\npayable for each week under this subdivision shall not exceed seven\nhundred fifty-four dollars per week.\n 14. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety and prior to July first, nineteen\nhundred ninety-one, that results from services performed in the line of\nduty, if there be no surviving spouse or child of the deceased under the\nage of eighteen years or under the age of twenty-five years who is\nenrolled as a full time student in any accredited educational\ninstitution, or dependent blind or physically disabled child of the\ndeceased of any age, then for the support of grandchildren or brothers\nand sisters under the age of eighteen years or under the age of\ntwenty-five years who is enrolled as a full time student in any\naccredited educational institution if dependent upon the deceased at the\ntime of the injury, two hundred eighty-three dollars for each week for\nthe support of each such person until the age of eighteen years or\ntwenty-five years as the case may be, and for the support of each parent\nor grandparent of the deceased if dependent upon the deceased at the\ntime of the injury, four hundred fifty-two dollars for each week during\nsuch dependency but in no case shall the aggregate amount payable under\nthis subdivision exceed seven hundred fifty-four dollars per week.\n 15. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety-one and prior to July first,\nnineteen hundred ninety-two that results from services performed in the\nline of duty, if there be a surviving spouse and no surviving child of\nthe deceased under the age of eighteen or under the age of twenty-five\nyears who is enrolled as a full time student in any accredited\neducational institution and no surviving child of any age dependent\nblind or physically disabled, to such spouse seven hundred seventy-six\ndollars for each week until remarried and upon such remarriage the lump\nsum of eighty thousand six hundred ninety-two dollars.\n 16. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety-one and prior to July first,\nnineteen hundred ninety-two, that results from services performed in the\nline of duty, if there be a surviving spouse and a surviving child or\nchildren of the deceased under the age of eighteen years or under the\nage of twenty-five years who is enrolled as a full time student in any\naccredited educational institution or a surviving child or children of\nany age dependent blind or physically disabled, to such spouse four\nhundred twenty-seven dollars for each week until remarried, and the\nadditional amount of three hundred forty-nine dollars for each week for\nsuch child or children, share and share alike, until the age of eighteen\nyears or under the age of twenty-five years who is enrolled as a full\ntime student in any accredited educational institution or until the\nremoval of the dependency of the blind or physically disabled child or\nchildren. In the case of the death of such surviving spouse, the\nsurviving child or children of the deceased ambulance worker, at the\ntime under eighteen years of age or under the age of twenty-five years\nwho is enrolled as a full time student in any accredited educational\ninstitution or dependent through mental or physical infirmity, shall\nhave his or her benefit increased to seven hundred seventy-six dollars,\nfor each week, share and share alike, and the same shall be payable\nuntil he or she or they shall reach the age of eighteen years or\ntwenty-five years as the case may be, or until such dependent blind or\nphysically disabled condition shall have been removed. Upon the\nremarriage of such surviving spouse prior to the statutory termination\nof benefit to all such children, such spouse shall be paid the lump sum\nof forty-four thousand three hundred eighty dollars and the surviving\nchild shall continue to receive weekly payments of three hundred\nforty-nine dollars; if there be two surviving children, each shall\nreceive two hundred ninety-one dollars per week; and if there be more\nthan two surviving children, they shall receive seven hundred\nseventy-six dollars per week, share and share alike; and the same shall\nbe payable until he or she or they shall reach the age of eighteen years\nor twenty-five years, as the case may be, or until such dependent blind\nor physically disabled condition shall have been removed. Upon statutory\ntermination of payments to all such children, the payments to the\nsurviving spouse shall be increased to seven hundred seventy-six dollars\nfor each week until such spouse remarries and upon such remarriage such\nspouse shall be paid the lump sum of eighty thousand six hundred\nninety-two dollars. In no event shall the total amount payable for each\nweek under this subdivision exceed seven hundred seventy-six dollars.\n 17. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety-one and prior to July first,\nnineteen hundred ninety-two, that results from services performed in the\nline of duty, if there be surviving a child or children of the deceased\nunder the age of eighteen years or under the age of twenty-five years\nwho is enrolled as a full time student in any accredited educational\ninstitution or a dependent child or physically disabled child or\nchildren of any age, but no surviving spouse, for support of such child\nor children until the age of eighteen years or twenty-five years as the\ncase may be, or until removal of the dependency of such blind or\nphysically disabled child or children, seven hundred seventy-six dollars\nshare and share alike, for each week; provided that the total amount\npayable for each week under this subdivision shall not exceed seven\nhundred seventy-six dollars per week.\n 18. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety-one and prior to July first,\nnineteen hundred ninety-two, that results from services performed in the\nline of duty, if there be no surviving spouse or child of the deceased\nunder the age of eighteen years or under the age of twenty-five years\nwho is enrolled as a full time student in any accredited educational\ninstitution, or dependent blind or physically disabled child of the\ndeceased of any age, then for the support of grandchildren or brothers\nand sisters under the age of eighteen years or under the age of\ntwenty-five years who is enrolled as a full time student in any\naccredited educational institution if dependent upon the deceased at the\ntime of the injury, two hundred ninety-one dollars for each week for the\nsupport of each such person until the age of eighteen years or\ntwenty-five years as the case may be, and for the support of each parent\nor grandparent of the deceased if dependent upon the deceased at the\ntime of the injury, four hundred sixty-six dollars for each week during\nsuch dependency but in no case shall the aggregate amount payable under\nthis subdivision exceed seven hundred seventy-six dollars per week.\n 19. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety-two, that results from services\nperformed in the line of duty, if there be a surviving spouse and no\nsurviving child of the deceased under the age of eighteen or under the\nage of twenty-five years who is enrolled as a full time student in any\naccredited educational institution and no surviving child of any age\ndependent blind or physically disabled, to such spouse eight hundred\neighty-seven dollars for each week until remarried and upon such\nremarriage the lump sum of ninety-two thousand two hundred nineteen\ndollars.\n 20. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety-two, that results from services\nperformed in the line of duty, if there be a surviving spouse and a\nsurviving child or children of the deceased under the age of eighteen\nyears or under the age of twenty-five years who is enrolled as a full\ntime student in any accredited educational institution or a surviving\nchild or children of any age dependent blind or physically disabled, to\nsuch spouse four hundred eighty-eight dollars for each week until\nremarried, and the additional amount of four hundred dollars for each\nweek for such child or children, share and share alike, until the age of\neighteen years or under the age of twenty-five years who is enrolled as\na full time student in any accredited educational institution or until\nthe removal of the dependency of the blind or physically disabled child\nor children. In the case of the death of such surviving spouse, the\nsurviving child or children of the deceased ambulance worker, at the\ntime under eighteen years of age or under the age of twenty-five years\nwho is enrolled as a full time student in any accredited educational\ninstitution or dependent through mental or physical infirmity, shall\nhave his or her benefit increased to eight hundred eighty-seven dollars,\nfor each week, share and share alike, and the same shall be payable\nuntil he or she or they shall reach the age of eighteen years or\ntwenty-five years as the case may be, or until such dependent blind or\nphysically disabled condition shall have been removed. Upon the\nremarriage of such surviving spouse prior to the statutory termination\nof benefit to all such children, such spouse shall be paid the lump sum\nof fifty thousand seven hundred twenty dollars and the surviving child\nshall continue to receive weekly payments of four hundred dollars; if\nthere be two surviving children, each shall receive three hundred\nthirty-three dollars per week; and if there be more than two surviving\nchildren, they shall receive eight hundred eighty-seven dollars per\nweek, share and share alike; and the same shall be payable until he or\nshe or they shall reach the age of eighteen years or twenty-five years,\nas the case may be, or until such dependent blind or physically disabled\ncondition shall have been removed. Upon statutory termination of\npayments to all such children, the payments to the surviving spouse\nshall be increased to eight hundred eighty-seven dollars for each week\nuntil such spouse remarries and upon such remarriage such spouse shall\nbe paid the lump sum of ninety-two thousand two hundred nineteen\ndollars. In no event shall the total amount payable for each week under\nthis subdivision exceed eight hundred eighty-seven dollars.\n 21. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety-two, that results from services\nperformed in the line of duty, if there be surviving a child or children\nof the deceased under the age of eighteen years or under the age of\ntwenty-five years who is enrolled as a full time student in any\naccredited educational institution or a dependent child or physically\ndisabled child or children of any age, but no surviving spouse, for\nsupport of such child or children until the age of eighteen years or\ntwenty-five years as the case may be, or until removal of the dependency\nof such blind or physically disabled child or children, eight hundred\neighty-seven dollars share and share alike, for each week; provided that\nthe total amount payable for each week under this subdivision shall not\nexceed eight hundred eighty-seven dollars per week.\n 22. In the case of a death of a volunteer ambulance worker on or after\nJuly first, nineteen hundred ninety-two, that results from services\nperformed in the line of duty, if there be no surviving spouse or child\nof the deceased under the age of eighteen years or under the age of\ntwenty-five years who is enrolled as a full time student in any\naccredited educational institution, or dependent blind or physically\ndisabled child of the deceased of any age, then for the support of\ngrandchildren or brothers and sisters under the age of eighteen years or\nunder the age of twenty-five years who is enrolled as a full time\nstudent in any accredited educational institution if dependent upon the\ndeceased at the time of the injury, three hundred thirty-three dollars\nfor each week for the support of each such person until the age of\neighteen years or twenty-five years as the case may be, and for the\nsupport of each parent or grandparent of the deceased if dependent upon\nthe deceased at the time of the injury, five hundred thirty-two dollars\nfor each week during such dependency but in no case shall the aggregate\namount payable under this subdivision exceed eight hundred eighty-seven\ndollars per week.\n