§ 30 — Liability for and payment of benefits

New York § 30

• Jurisdiction: New York
• Law VOL: Volunteer Firefighters' Benefit
• Art. 3: Liability For Benefits; Insurance

Text

§ 30. Liability for and payment of benefits. Except as otherwise\nprovided in article five of the workers' compensation law, in section\ntwo hundred nine-i of the general municipal law and in section\ntwenty-one of this chapter:\n 1. If at the time of injury the volunteer firefighter was a member of\na fire company of a county, city, town, village or fire district fire\ndepartment, any benefit under this chapter shall be a county, city,\ntown, village or fire district charge, as the case may be, and any claim\ntherefor shall be audited in the same manner as other claims against the\ncounty, city, town, village or fire district and the amount thereof\nshall be raised and paid in the same manner as other county, city, town,\nvillage or fire district charges.\n 2. If at the time of injury the volunteer firefighter was a member of\na fire company incorporated under the membership corporations law, or\nany other law, and located in a city, village, or fire district,\nprotected under a contract by the fire department or fire company of\nwhich the volunteer firefighter was a member, any benefit under this\nchapter shall be a city, village or fire district charge, as the case\nmay be, and any claim therefor shall be audited in the same manner as\nother claims against the city, village or fire district and the amount\nthereof shall be raised and paid in the same manner as other city,\nvillage or fire district charges.\n 3. If at the time of injury the volunteer firefighter was a member of\na fire company incorporated under the membership corporations law, or\nany other law, and located in a fire protection district, or fire alarm\ndistrict, protected under a contract by such fire company, any benefit\nunder this chapter shall be a town charge and any claim therefor shall\nbe audited and paid in the same manner as town charges and the amount\nthereof shall be raised upon the property liable to taxation in the fire\nprotection district or fire alarm district in the same manner as town\ncharges therein are raised.\n 4. If at the time of injury the volunteer firefighter was a member of\na fire company incorporated under the membership corporations law, or\nany other law, and located outside of a city, village, fire district,\nfire protection district or fire alarm district, any benefit under this\nchapter shall be a town charge and any claim therefor shall be audited\nand paid in the same manner as town charges and the amount thereof\nraised upon the property liable to taxation in such outside territory\nprotected by such fire company in the same manner as town charges\ntherein are raised.\n 5. If at the time of injury the volunteer firefighter was a member of\na fire company or fire department operating in, or maintained jointly by\ntwo or more villages, or two or more towns, or two or more fire\ndistricts, any benefit under this chapter shall be a charge against such\nvillages, towns or fire districts, in the proportion that the full\nvaluation of taxable real estate in each bears to the aggregate full\nvaluation of the taxable real estate of all such villages, towns or fire\ndistricts and the amount thereof shall be audited, raised and paid in\nthe same manner as other village, town or fire district charges. Full\nvaluation shall be determined by dividing the assessed valuations of\ntaxable real estate of each such village, town or fire district as shown\nby the latest completed assessment roll of the village, town or fire\ndistrict by the equalization rate established by the authorized state\nagency or officer for such roll; provided, however, in a county having a\ncounty department of assessment the full valuation in towns and fire\ndistricts shall be determined by applying the state equalization rate\nestablished for the town, or the town in which the fire district is\nlocated, to the appropriate portion of the last completed county roll.\n 6. The provisions of subdivisions one to five, inclusive, of this\nsection shall not apply if the injury results from services performed\nwhen assistance is being rendered to:\n a. Another city, town which has a town fire department, village or\nfire district, including one protected under a contract by the fire\ndepartment or fire company of which the volunteer firefighter is a\nmember,\n b. A fire protection district or fire alarm district, including one\nprotected under a contract by the fire department or fire company of\nwhich the volunteer firefighter is a member,\n c. The area of a town protected by a fire company incorporated under\nthe membership corporations law, or any other law, and located outside\nof a city, village, fire district, fire protection district, or fire\nalarm district,\n d. The unorganized area of a town (outside of a city, village, fire\ndistrict, fire protection district, fire alarm district, and also\noutside the area protected by a fire company incorporated under the\nmembership corporations law, or any other law, and located outside of a\ncity, village, fire district, fire protection district or fire alarm\ndistrict),\n e. The joint area protected by a fire company or fire department\noperating in, or maintained jointly by two or more villages, or two or\nmore towns, or two or more fire districts,\n f. A fire department of a county which has a fire department, or\n g. A county which has requested fire aid pursuant to section two\nhundred nine-e of the general municipal law,\npursuant to a call to furnish assistance to any such municipal\ncorporation, district or area in cases of fire or other emergencies, or\nfor other authorized purposes, or while going to or returning from the\nplace where the assistance is to be or was rendered, or if death shall\nresult from the effects of any such injury, and in any such case any\nsuch benefit shall be a charge against such aided municipal corporation,\ndistrict or area and after audit shall be paid and the amount thereof\nshall be raised upon the property liable to taxation in such municipal\ncorporation, district or area, in the same manner as other charges\nagainst the same are raised, except that in the cases described at\nparagraphs b, c and d of this subdivision, the town in which the\ndistrict or area is located shall be primarily liable for such payment.\nIf there is no property liable to taxation in any area described in\nparagraph d, the benefit shall be a town charge and any claim therefor\nshall be audited and paid in the same manner as town charges and the\namount thereof shall be raised upon the taxable real property in the\ntown in the same manner as town charges therein are raised.\n In the case of a false call for assistance, any such benefit shall be\naudited, raised and paid in the manner provided in subdivisions one to\nfive, inclusive, of this section, as the case may be.\n The term "assistance", as used in this section, includes the services\nof firefighting forces, fire police squads, emergency rescue and first\naid squads rendered in case of a fire or other emergency, including\nstand-by service, to aid (1) a fire department, fire company, or any\nunit thereof, other than that of which the volunteer firefighter is a\nmember and (2) owners or occupants of property, and other persons,\nwhether or not such owners, occupants or persons are receiving fire or\nother emergency service from a fire department, fire company, or any\nunit thereof, other than that of which the volunteer firefighter is a\nmember.\n Except as otherwise provided by law in the case of natural disaster\nemergencies, a call to furnish assistance may be made by any person\naware of the peril involved and the need for assistance or pursuant to\nany legally authorized or recognized plan for the furnishing of mutual\naid in cases of fire or other emergency. The call need not originate in\nthe municipal corporation, district or area ultimately liable for\nbenefits under this section and may be relayed through one or more\npersons or mediums of communication.\n The provisions of this subdivision shall not apply if the injury\nresults from services performed by the volunteer firefighter in a\nnatural disaster emergency and he or she was serving as part of the\ncivil defense forces activated, and when assistance is being so rendered\nthe benefits to be paid and provided under this chapter shall be paid\nand provided by the political subdivisions which would be liable under\nsubdivisions one to five, inclusive, of this section.\n If death or injury results from the performance of duty by a volunteer\nfirefighter serving as fire chief while inspecting a public or private\nschool pursuant to paragraph c of subdivision seven of section eight\nhundred seven-a of the education law for fire prevention and protection\npurposes in a fire district, fire protection district or fire alarm\ndistrict furnished fire protection pursuant to a contract by his or her\nfire department or fire company, or from necessary travel directly\nconnected with any such duty, then the benefits to be paid and provided\nunder this chapter shall be a charge against such fire district, fire\nprotection district or fire alarm district so protected pursuant to\ncontract and after audit shall be paid and the amount thereof shall be\nraised upon the property liable to taxation in any such district in the\nsame manner as other charges against the same are raised, except that in\nthe case of a fire protection district or fire alarm district, the town\nin which the district is located shall be primarily liable for such\npayment.\n If death or injury results from the performance of duty under\nsubdivision four of section three hundred three of the multiple\nresidence law, or from necessary travel directly connected with any such\nassignment, and the building or property inspected or to be inspected is\nnot located in the area regularly served and protected by the fire\ndepartment or fire company of which the volunteer firefighter is a\nmember, but is located in a city, town which has a fire department,\nvillage, fire district, fire protection district or fire alarm district\nserved and protected pursuant to a contract for fire protection by the\nfire department or fire company of which the volunteer firefighter is a\nmember, then the benefits to be paid and provided under this chapter\nshall be a charge against such political subdivision, fire protection\ndistrict or fire alarm district so protected pursuant to contract and\nafter audit shall be paid and the amount thereof shall be raised upon\nthe property liable to taxation in such political subdivision or\ndistrict in the same manner as other charges against the same are\nraised, except that in the case of a fire protection district or fire\nalarm district, the town in which the district is located shall be\nprimarily liable for such payment.\n If death or injury results from the performance of duty by a volunteer\nfirefighter while inspecting buildings for fire hazards in a city,\nvillage, fire district, fire protection district or fire alarm district\nfurnished fire protection pursuant to a contract by his or her fire\ndepartment or fire company, or from necessary travel directly connected\nwith any such duty, then the benefits to be paid and provided under this\nchapter shall be a charge against such city, village, fire district,\nfire protection district or fire alarm district so protected pursuant to\ncontract and after audit shall be paid and the amount thereof shall be\nraised upon the property liable to taxation in any such city, village or\ndistrict in the same manner as other charges against the same are\nraised, except that in the case of a fire protection district or fire\nalarm district, the town in which the district is located shall be\nprimarily liable for such payment. This paragraph shall not be\napplicable in any city, however, unless a city charter or other law\nunder which the city operates, or a local law adopted by the city,\nauthorizes such an inspection in areas of the city receiving fire\nprotection pursuant to a contract. The term "building," as used in this\nparagraph, does not include a multiple dwelling which may be inspected\nby such fire department or company under and pursuant to the provisions\nof subdivision four of section three hundred three of the multiple\nresidence law.\n The foregoing provisions of this subdivision shall apply only in cases\nwhere volunteer firefighters are injured in line of duty prior to the\nfirst day of March, nineteen hundred sixty-four; and in death cases\nwhere death results from injuries sustained prior to such date. Where\nvolunteer firefighters are injured in line of duty on or after the first\nday of March, nineteen hundred sixty-four, and in death cases where\ndeath results from injuries sustained on or after such date, the\nliability for benefits under this chapter shall be determined pursuant\nto subdivisions one to five, inclusive, of this section, except as\notherwise provided in article five of the workers' compensation law,\nsection two hundred nine-i of the general municipal law and in section\ntwenty-one of this chapter.\n 6-a. The provisions of subdivisions one to six, inclusive, of this\nsection shall not apply if the injury results from services performed\nwhen general ambulance service is furnished under a fire protection\ncontract pursuant to section two hundred nine-b of the general municipal\nlaw for (1) another city, village or fire district, protected under a\ncontract by the fire department or fire company of which the volunteer\nfirefighter is a member or (2) a fire protection district or fire alarm\ndistrict, protected under a contract by the fire department or fire\ncompany of which the volunteer firefighter is a member, pursuant to a\ncall to furnish such service in any such municipal corporation or\ndistrict, or while going to or returning from the place where the\nservice is to be or was furnished, or if death shall result from the\neffects of any such injury, and in any such case any such benefit shall\nbe a charge against such municipal corporation or district and after\naudit shall be paid and the amount thereof shall be raised upon the\nproperty liable to taxation in such municipal corporation or district,\nin the same manner as other charges against the same are raised, except\nthat in the case of a fire protection district or fire alarm district\nthe town in which the district is located shall be primarily liable for\nsuch payment.\n The foregoing provisions of this subdivision shall apply only in cases\nwhere volunteer firefighters are injured in line of such general\nambulance service duty prior to the first day of March, nineteen hundred\nsixty-four, and in death cases where death results from injuries\nsustained prior to such date. Where volunteer firefighters are injured\nin line of such general ambulance service duty on or after the first day\nof March, nineteen hundred sixty-four, and in death cases where death\nresults from injuries sustained on or after such date, the liability for\nbenefits under this chapter shall be determined pursuant to subdivisions\none to five, inclusive, of this section, except as otherwise provided in\narticle five of the workers' compensation law, section two hundred\nnine-i of the general municipal law and section twenty-one of this\nchapter.\n 7. Any political subdivision may finance the payment of any benefits\nto be paid and provided under this chapter by the issuance of serial\nbonds or capital notes pursuant to the local finance law unless it is\nrequired by some law, other than this chapter, to pay such benefits from\ncurrent funds.\n 8. Any political subdivision may contract for insurance indemnifying\nagainst the liability imposed by this chapter and the cost of such\ninsurance shall be audited, raised and paid in the same manner as\nbenefits are required to be audited, raised and paid in this section.\n 9. Insurance authorized to be purchased pursuant to subdivision eight\nof this section may be secured from the state fund or any stock\ncorporation, mutual corporation or reciprocal insurer authorized to\ntransact the business of workers' compensation in this state. If such\ninsurance is not secured, the political subdivision liable shall be\ndeemed to have elected to be a self-insurer unless it is a participant\nin a county plan of self-insurance or its liability for benefits under\nthis chapter is covered by a town's participation in a county plan of\nself-insurance as provided in subdivision three of section sixty-three\nof the workers' compensation law or is a participant in a public group\nself-insurance plan established under subdivision three-a of section\nfifty of the workers' compensation law. Every such self-insurer shall\nfile with the chair of the workers' compensation board a notice of such\nelection prescribed in form by such chair. For failure to file such\nnotice within ten days after such election is made, the treasurer or\nother fiscal officer of such political subdivision shall be liable to\npay to the chair of the workers' compensation board the sum of one\nhundred dollars as a penalty, to be transferred to the state treasury. A\nnotice of election to be a self-insurer for compensation and benefits to\nvolunteer firefighters under the provisions of the workers' compensation\nlaw and the general municipal law in effect prior to March first,\nnineteen hundred fifty-seven, which was filed prior to such date\npursuant to the provisions of subdivision four of section fifty of the\nworkers' compensation law as in effect prior to such date shall be\ndeemed to be a notice of election filed under this section unless the\nchair of the workers' compensation board is notified to the contrary.\nThe provisions of subdivision five of section fifty of the workers'\ncompensation law shall be applicable to such self-insurers.\n 10. The governing board of a political subdivision liable for the\npayment of such benefits may authorize the treasurer or other fiscal\nofficer thereof to pay the financial benefits provided for in this\nchapter to the person entitled thereto without waiting for an award in\nany case in the manner provided in section forty-nine of this chapter.\nThe amount payable prior to an award pursuant to such authorization\nshall constitute a settled claim within the meaning of the local finance\nlaw.\n 11. A contract for fire protection, for the purposes of this section,\nshall be deemed in full force and effect if negotiations are pending for\nthe renewal thereof.\n 12. Where a city, village, fire district or town on behalf of a fire\nprotection district or fire alarm district is furnished service by a\nfire company, fire department, or any unit thereof pursuant to a\ncontract with another city, village, fire district, or an incorporated\nfire company having its headquarters outside the city, village, fire\ndistrict, fire protection district or fire alarm district receiving such\nservice and the liability for benefits under this chapter in relation to\nvolunteer firefighters rendering such service pursuant to such contract\nis not covered pursuant to a county self-insurance plan pursuant to\nsection sixty-three of the workers' compensation law, such contract\nshall provide for payment to the city, village, fire district or town in\nwhich such incorporated fire company has its headquarters, of a sum in\naddition to the amount to be paid for such service pursuant to the\ncontract, to provide for any increase in cost, or any new or added cost\nfor insurance coverage for the liability for benefits under this chapter\nby reason of the service rendered pursuant to such contract, unless such\nadditional sum has been specifically included in the contract amount for\nsuch service. Any such additional sum so paid shall not be subject to\ndivision with a volunteer fire company as otherwise provided by law in\nthe case of contracts for such service.\n