§ 7 — Lt

New York § 7

• Jurisdiction: New York
• Law VOL: Volunteer Firefighters' Benefit
• Art. 2: Coverage and Benefits

Text

§ 7. Lt. Michael E. Neuner/Timothy Goff memorial death benefit\nprogram. In the event of death the benefit shall be known as a death\nbenefit and shall be paid as follows:\n 1. The reasonable funeral expenses of the deceased volunteer\nfirefighter shall be paid in an amount not exceeding six thousand seven\nhundred dollars; provided however, that such six thousand dollar maximum\nshall not apply where a volunteer firefighter dies from injuries\nreceived in the line of duty as a direct result of firefighting. If such\nfuneral expenses shall have been paid by a person entitled to benefits\nunder this section or by others, the funeral expenses awarded shall be\nmade payable to such beneficiary or others; otherwise they shall be\npayable to the undertaker who provided the burial. Funeral expenses\nshall 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\nfirefighter, the lump sum of fifty-six thousand dollars. Such sum shall\nbe in addition to any other benefits provided in this chapter and shall\nnot be diminished by benefits paid to the volunteer firefighter during\nhis or her lifetime. Any money paid to an executor or administrator\npursuant to the provisions of this subdivision shall be distributed in\nthe manner provided by the laws of this state for the distribution of\nthe personal property of an intestate decedent. Provided, however, that\nnothing herein shall be construed as affording a greater benefit for\nthose volunteer firefighters injured prior to the effective date of this\nact, however the spouse or estate of such firefighter shall continue to\nbe eligible for a benefit in the sum of eleven thousand eighty-four\ndollars.\n 3. 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 one hundred thirty dollars\nfor each week until remarried, and upon such remarriage the lump sum of\nthirteen thousand one hundred forty-two dollars.\n 4. If there be a surviving spouse and a surviving child or children of\nthe 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\nninety-five dollars for each week until remarried, and upon such\nremarriage the lump sum of nine thousand eight hundred fifty-six\ndollars; and an additional amount of sixty-three dollars for each week\nfor each such child until 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 until the removal of the\ndependency of the blind or physically disabled child or children; in the\ncase of the subsequent death or remarriage of such surviving spouse any\nsurviving child of the deceased firefighter, 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 benefit\nincreased to ninety-five dollars for each week, and the same shall be\npayable until he or she 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; provided that the\ntotal amount payable for each week under this subdivision shall in no\ncase exceed two hundred fifty-three dollars per week. Upon statutory\ntermination of payments to all such children, the payments to the\nsurviving spouse shall be increased to one hundred thirty dollars for\neach week until such spouse remarries, and upon such remarriage, such\nspouse shall be paid the lump sum of twelve thousand thirty-three\ndollars.\n 5. If there be surviving child or children 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 a dependent blind or physically disabled child or\nchildren of any age, but no surviving spouse, for the support of each\nsuch child until the age of eighteen years or twenty-five years as the\ncase may be, or until the removal of the dependency of such blind or\nphysically disabled child or children, ninety-five dollars for each\nweek; provided that the total amount payable for each week under this\nsubdivision shall not exceed two hundred fifty-three dollars per week.\n 6. 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, or if the amount payable for each week to the\nsurviving spouse and to children 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 or such dependent\nblind or physically disabled children shall be less in the aggregate\nthan two hundred fifty-three dollars per week, for the support of\ngrandchildren or brothers and sisters under the age of eighteen years,\nor under 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, seventy-nine dollars for each week\nfor the 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 him at the time of the\ninjury one hundred thirty dollars for each week during such dependency,\nbut in no case shall the aggregate amount payable under this subdivision\nexceed the difference between two hundred fifty-three dollars and the\namount payable for each week as hereinbefore provided to the surviving\nspouse or for the support of a surviving child or children.\n 7. 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 shall have attained\nthe age of eighteen years. Any sum or sums remaining after such payments\nshall be distributed as provided in this section.\n 8. 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 9. All questions of dependency shall be determined as of the time of\nthe injury.\n 10. 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 11. In the case of a death of a volunteer firefighter, on or after\nJanuary first, nineteen hundred seventy-eight and prior to July first,\nnineteen hundred seventy-eight, that results from services performed in\nthe line of duty, if there be a surviving spouse and no surviving 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 and no surviving child of any age\ndependent blind or physically disabled, to such spouse two hundred\neighty-two dollars for each week until remarried, and upon such\nremarriage the lump sum of twenty-nine thousand three hundred fifty-four\ndollars.\n 12. In the case of a death of a volunteer firefighter, on or after\nJanuary first, nineteen hundred seventy-eight and prior to July first,\nnineteen hundred seventy-eight, that results from services performed in\nthe line of duty, if there be a surviving spouse and a surviving child\nor children 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 one\nhundred fifty-six dollars for each week until remarried, and the\nadditional amount of one hundred thirty dollars for each week for such\nchild 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 firefighter, at the time\nunder eighteen years of age or under the age of twenty-five years who is\nenrolled as a full time student in any accredited educational\ninstitution or dependent through mental or physical infirmity, shall\nhave his or their benefit increased to two hundred eighty-two dollars\nfor each week, share and share alike, and the same shall be payable\nuntil he 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 the remarriage of such\nsurviving spouse prior to the statutory termination of benefits to all\nsuch children, such spouse shall be paid the lump sum of sixteen\nthousand one hundred forty-five dollars; and the surviving child shall\ncontinue to receive weekly payments of one hundred thirty dollars; if\nthere be two surviving children, each shall receive one hundred six\ndollars per week; and if there be more than two surviving children, they\nshall receive two hundred eighty-two dollars per week, share and share\nalike; and the same shall be payable until he or they shall reach the\nage of eighteen years or twenty-five years, as the case may be, or until\nsuch dependent blind or crippled condition shall have been removed. Upon\nstatutory termination of payments to all children, the payments to the\nsurviving spouse shall be increased to two hundred eighty-two dollars\nfor each week until such spouse remarries, and upon such remarriage,\nsuch spouse shall be paid the lump sum of twenty-nine thousand three\nhundred fifty-four dollars. In no event shall the total amount payable\nfor each week under this subdivision exceed two hundred eighty-two\ndollars.\n 13. In the case of a death of a volunteer firefighter, on or after\nJanuary first, nineteen hundred seventy-eight and prior to July first,\nnineteen hundred seventy-eight, that results from services performed in\nthe line of duty, if there be surviving a child or children 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 or a dependent blind or physically disabled\nchild or children of any age, but no surviving spouse, for the support\nof such child or children until the age of eighteen years or twenty-five\nyears, as the case may be, or until the removal of the dependency of\nsuch blind or physically disabled child or children, two hundred\neighty-two dollars, share and share alike, for each week; provided that\nthe total amount payable for each week under this subdivision shall not\nexceed two hundred eighty-two dollars per week.\n 14. In the case of a death of a volunteer firefighter, on or after\nJanuary first, nineteen hundred seventy-eight and prior to July first,\nnineteen hundred seventy-eight, that results from services performed in\nthe line of duty, if there be no surviving spouse or 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 or dependent blind or physically disabled child\nof the deceased of any age, then for the support of grandchildren or\nbrothers and 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\nthe time of the injury, one hundred six 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\nparent or grandparent of the deceased, if dependent upon the deceased at\nthe time of the injury, one hundred sixty-nine dollars for each week\nduring such dependency, but in no case shall the aggregate amount\npayable under this subdivision exceed two hundred eighty-two dollars per\nweek.\n 15. In the case of a death of a volunteer firefighter, on or after\nJuly first, nineteen hundred seventy-eight and prior to January first,\nnineteen hundred seventy-nine, that results from services performed in\nthe line of duty, if there be a surviving spouse and no surviving 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 and no surviving child of any age\ndependent blind or physically disabled, to such spouse four hundred six\ndollars for each week until remarried, and upon such remarriage the lump\nsum of forty-two thousand two hundred seventy dollars.\n 16. In the case of a death of a volunteer firefighter, on or after\nJuly first, nineteen hundred seventy-eight and prior to January first,\nnineteen hundred seventy-nine, that results from services performed in\nthe line of duty, if there be a surviving spouse and a surviving child\nor children 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 two\nhundred twenty-four dollars for each week until remarried, and the\nadditional amount of one hundred eighty-three 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 firefighter, at the time\nunder eighteen years of age or under the age of twenty-five years who is\nenrolled as a full time student in any accredited educational\ninstitution or dependent through mental or physical infirmity, shall\nhave his or their benefit increased to four hundred six dollars for each\nweek, share and share alike, and the same shall be payable until he or\nthey shall reach the age of eighteen years or twenty-five years, as the\ncase may be, or until such dependent blind or physically disabled\ncondition shall have been removed. Upon the remarriage of such surviving\nspouse prior to the statutory termination of benefits to all such\nchildren, such spouse shall be paid the lump sum of twenty three\nthousand two hundred forty-eight dollars; and the surviving child shall\ncontinue to receive weekly payments of one hundred eighty-three dollars;\nif there be two surviving children, each shall receive one hundred\nfifty-two dollars per week; and if there be more than two surviving\nchildren, they shall receive four hundred six dollars per week, share\nand share alike; and the same shall be payable until he or they shall\nreach the age of eighteen years or twenty-five years, as the case may\nbe, or until such dependent blind or crippled conditions shall have been\nremoved. Upon statutory termination of payments to all such children,\nthe payments to the surviving spouse shall be increased to four hundred\nsix dollars for each week until such spouse remarries, and upon such\nremarriage, such spouse shall be paid the lump sum of forty-two thousand\ntwo hundred seventy dollars. In no event shall the total amount payable\nfor each week under this subdivision exceed four hundred six dollars.\n 17. In the case of a death of a volunteer firefighter, on or after\nJuly first, nineteen hundred seventy-eight and prior to January first,\nnineteen hundred seventy-nine, that results from services performed in\nthe line of duty, if there be surviving a child or children 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 or a dependent blind or physically disabled\nchild or children of any age, but no surviving spouse, for the support\nof such child or children until the age of eighteen years or twenty-five\nyears as the case may be, or until the removal of the dependency of such\nblind or physically disabled child or children, four hundred six\ndollars, share and share alike, for each week; provided that the total\namount payable for each week under this subdivision shall not exceed\nfour hundred six dollars per week.\n 18. In the case of a death of a volunteer firefighter, on or after\nJuly first, nineteen hundred seventy-eight and prior to January first,\nnineteen hundred seventy-nine, that results from service performed in\nthe line of duty, if there be no surviving spouse or 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 or dependent blind or physically disabled child\nof the deceased of any age, then for the support of grandchildren or\nbrothers and 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\nthe time of the injury, one hundred fifty-two 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, two hundred forty-four dollars for each week during\nsuch dependency, but in no case shall the aggregate amount payable under\nthis subdivision exceed four hundred six dollars per week.\n 19. In the case of a death of a volunteer firefighter, on or after\nJanuary first, nineteen hundred seventy-nine, 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 years or under\nthe age of twenty-five years who is enrolled as a full time student in\nany accredited educational institution and no surviving child of any age\ndependent blind or physically disabled, to such spouse four hundred\nseventy-seven dollars for each week until remarried, and upon such\nremarriage the lump sum of forty-nine thousand five hundred sixty-eight\ndollars.\n 20. In the case of a death of a volunteer firefighter, on or after\nJanuary first, nineteen hundred seventy-nine, 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 two hundred sixty-three dollars for each week until\nremarried, and the additional amount of two hundred fourteen dollars and\nfifty cents for each week for such child or children, share and share\nalike, until 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 or until the removal of the dependency of the\nblind or physically disabled child or children. In the case of the death\nof such surviving spouse, the surviving child or children of the\ndeceased firefighter, at the time under eighteen years of age or under\nthe age of twenty-five years who is enrolled as a full time student in\nany accredited educational institution or dependent through mental or\nphysical infirmity, shall have his or their benefit increased to four\nhundred seventy-seven dollars for each week, share and share alike, and\nthe same shall be payable until he or they shall reach the age of\neighteen years or twenty-five years, as the case may be, or until such\ndependent blind or physically disabled condition shall have been\nremoved. Upon the remarriage of such surviving spouse prior to the\nstatutory termination of benefits to all such children, such spouse\nshall be paid the lump sum of twenty-seven thousand two hundred\nfifty-one dollars; and the surviving child shall continue to receive\nweekly payments of two hundred fourteen dollars and fifty cents; if\nthere be two surviving children, each shall receive one hundred\nseventy-eight dollars and seventy-four cents per week; and if there be\nmore than two surviving children, they shall receive four hundred\nseventy-seven dollars per week, share and share alike; and the same\nshall be payable until he or they shall reach the age of eighteen years\nor twenty-five years, as the case may be, or until such dependent blind\nor crippled condition shall have been removed. Upon statutory\ntermination of payments to all such children, the payments to the\nsurviving spouse shall be increased to four hundred seventy-seven\ndollars for each week until such spouse remarries, and upon such\nremarriage, such spouse shall be paid the lump sum of forty-nine\nthousand five hundred sixty-eight dollars. In no event shall the total\namount payable for each week under this subdivision exceed four hundred\nseventy-seven dollars.\n 21. In the case of a death of a volunteer firefighter, on or after\nJanuary first, nineteen hundred seventy-nine, 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 blind or physically\ndisabled child or children of any age, but no surviving spouse, for the\nsupport of such child or children until the age of eighteen years or\ntwenty-five years as the case may be, or until the removal of the\ndependency of such blind or physically disabled child or children, four\nhundred seventy-seven dollars, share and share alike, for each week;\nprovided that the total amount payable for each week under this\nsubdivision shall not exceed four hundred seventy-seven dollars per\nweek.\n 22. In the case of a death of a volunteer firefighter, on or after\nJanuary first, nineteen hundred seventy-nine, 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, one hundred seventy-eight dollars\nand seventy-four cents for each week for the support of each such person\nuntil the age of eighteen years or twenty-five years as the case may be,\nand for the support of each parent or grandparent of the deceased, if\ndependent upon the deceased at the time of the injury, two hundred\neighty-six dollars for each week during such dependency, but in no case\nshall the aggregate amount payable under this subdivision exceed four\nhundred seventy-seven dollars per week.\n 31. In the case of a death of a volunteer firefighter on or after July\nfirst, nineteen hundred eighty-five, 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 years or under\nthe age of twenty-five years who is enrolled as a full time student in\nany accredited educational institution and no surviving child of any age\ndependent blind or physically disabled to such spouse six hundred\nsixty-five dollars for each week until remarried and upon such\nremarriage the lump sum of sixty-nine thousand one hundred sixty-four\ndollars.\n 32. In the case of a death of a volunteer firefighter on or after July\nfirst, nineteen hundred eighty-five, 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 three hundred sixty-six dollars for each week until\nremarried, and the additional amount of three 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 firefighter, at the time\nunder eighteen years of age or under the age of twenty-five years who is\nenrolled 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 six hundred sixty-five dollars, for\neach 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 the remarriage of such\nsurviving spouse prior to the statutory termination of benefit to all\nsuch children, such spouse shall be paid the lump sum of thirty-eight\nthousand forty dollars and the surviving child shall continue to receive\nweekly payments of three hundred dollars; if there be two surviving\nchildren, each shall receive two hundred fifty dollars per week; and if\nthere be more than two surviving children, they shall receive six\nhundred sixty-five dollars per week, share and share alike; and the same\nshall be payable until he or she or they shall reach the age of eighteen\nyears or twenty-five years, as the case may be, or until such dependent\nblind or physically disabled condition shall have been removed. Upon\nstatutory termination of payments to all such children, the payments to\nthe surviving spouse shall be increased to six hundred sixty-five\ndollars for each week until such spouse remarries and upon such\nremarriage such spouse shall be paid the lump sum of sixty-nine thousand\none hundred sixty-four dollars. In no event shall the total amount\npayable for each week under this subdivision exceed six hundred\nsixty-five dollars.\n 33. In the case of a death of a volunteer firefighter on or after July\nfirst, nineteen hundred eighty-five, 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, six hundred\nsixty-five dollars share and share alike, for each week; provided that\nthe total amount payable for each week under this subdivision shall not\nexceed six hundred sixty-five dollars per week.\n 34. In the case of a death of a volunteer firefighter on or after July\nfirst, nineteen hundred eighty-five, 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, two hundred fifty dollars for each\nweek for the support of each such person until the age of eighteen years\nor twenty-five years as the case may be, and for the support of each\nparent or grandparent of the deceased if dependent upon the deceased at\nthe time 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 43. In the case of a death of a volunteer firefighter on or after July\nfirst, nineteen hundred ninety-two, that results from services performed\nin the line of duty, if there be a surviving spouse and no surviving\nchild of the deceased under the age of eighteen or under the age of\ntwenty-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 44. In the case of a death of a volunteer firefighter on or after July\nfirst, nineteen hundred ninety-two, that results from services performed\nin the line of duty, if there be a surviving spouse and a surviving\nchild or children of the deceased 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 or a surviving child\nor children of any age dependent blind or physically disabled, to such\nspouse four hundred eighty-eight dollars for each week until remarried,\nand the additional amount of four hundred dollars for each week for such\nchild 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 firefighter, at the time\nunder eighteen years of age or under the age of twenty-five years who is\nenrolled 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 45. In the case of a death of a volunteer firefighter on or after July\nfirst, nineteen hundred ninety-two, that results from services performed\nin the line of duty, if there be surviving a child or children 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 or a dependent child or physically disabled\nchild or children of any age, but no surviving spouse, for support of\nsuch child or children until the age of eighteen years or twenty-five\nyears as the case may be, or until removal of the dependency of such\nblind 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 46. In the case of a death of a volunteer firefighter on or after July\nfirst, nineteen hundred ninety-two, that results from services performed\nin the line of duty, if there be no surviving spouse or 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, or dependent blind or physically disabled child\nof the deceased of any age, then for the support of grandchildren or\nbrothers and 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, three hundred thirty-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, five hundred thirty-two dollars for each week during\nsuch dependency but in no case shall the aggregate amount payable under\nthis subdivision exceed eight hundred eighty-seven dollars per week.\n