§ 16 — Death benefits

New York § 16

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 2: Compensation

Text

§ 16. Death benefits. If the injury causes death, the compensation\nshall be known as a death benefit and shall be payable in the amount and\nto or for the benefit of the persons following:\n 1. Funeral expenses. The chair shall prepare and establish a schedule\nfor the state or schedules limited to defined localities of maximum\ncharges and fees for such funeral expenses, to be determined in\naccordance with, and to be subject to change pursuant to, rules\npromulgated by the chair. Before preparing such schedule for the state\nor schedules for limited localities, the chair shall request the\npresident of the New York state funeral directors' association to submit\nto the chair a report on the amount of remuneration deemed by such\nassociation to be fair and adequate for the types of funeral services\nrendered under this chapter, but consideration shall also be given to\nthe views of other interested parties. The amounts payable by the\nemployer for such services shall be the actual fees and charges up to\nthe maximum established by such schedule. Provided, however, no such\nschedule of charges and fees shall apply where a firefighter dies from\ninjuries received in the line of duty as a direct result of firefighting\nor where a police officer dies from injuries received in the line of\nduty as a direct result of law enforcement activities, where such\nfuneral expenses are reasonable. If such funeral expenses shall have\nbeen paid by the claimants entitled to compensation under this section\nor by others, the funeral expenses awarded shall be made payable to such\nclaimants or others, otherwise they shall be made payable to the\nundertaker who shall have provided burial. Funeral expenses shall be\nawarded in case of all injuries causing death including cases in which\nthere are no persons entitled to other compensation under this chapter.\n 1-a. For the purpose of this section, (1) the term dependent blind or\nphysically disabled as used herein in relation to dependent children\nshall be deemed to mean totally blind or physically disabled children\nwhose disablement is total and permanent, (2) the term surviving spouse\nshall be deemed to mean the legal spouse but shall not include a spouse\nwho has abandoned the deceased, and (3) the term abandoned shall be\ndeemed to mean such an abandonment as would be sufficient under section\ntwo hundred of the domestic relations law to sustain a judgment of\nseparation on that ground.\n 1-b. If there be a surviving spouse and no child of the deceased under\nthe age of eighteen years and no child of any age dependent blind or\nphysically disabled, and the death occurs on or after July first,\nnineteen hundred forty-eight, and prior to January first, nineteen\nhundred seventy-eight, to such spouse forty per centum of the average\nwages of the deceased during widowhood or widowerhood with two years'\ncompensation in one sum, upon remarriage; and where the death occurred\nprior to July first, nineteen hundred forty-eight, to such wife (or\ndependent husband) thirty per centum of such wages during widowhood (or\ndependent widowerhood) with two years' compensation in one sum, upon\nremarriage.\n 1-c. If there be a surviving spouse and no child of the deceased under\nthe age of eighteen years or under the age of twenty-three years if\nenrolled and attending as a full time student in an accredited\neducational institution and such enrollment and full time attendance is\ncertified by such institution and no child of any age dependent blind or\nphysically disabled, and the death occurs on or after January first,\nnineteen hundred seventy-eight, to such spouse sixty-six and two-thirds\nper centum of the average wages of the deceased during widowhood or\nwidowerhood with two years' compensation, in one sum, upon remarriage.\nWhere the death occurs on or after January first, nineteen hundred\nseventy-eight, and the spouse is receiving the survivors insurance\nbenefits under the social security act, the death benefit payable under\nthis section shall be reduced in accordance with the provisions of table\nNo. 1 below by five per centum of the spouse's share of the survivor's\ninsurance benefits under the social security act for each ten dollars of\ndeceased's average weekly wage in excess of one hundred dollars provided\nthat in no case shall such reduction exceed fifty per centum of said\nspouse's share of the survivors insurance benefits under the social\nsecurity act.\n TABLE No. I\n Offset provisions applicable in death benefits\n where there is a sole surviving spouse\nAVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S\n SHARE OF SURVIVORS\n INSURANCE BENEFITS\nover $100 up to and including $110 ................................... 5\nover $110 up to and including $120 .................................. 10\nover $120 up to and including $130 .................................. 15\nover $130 up to and including $140 .................................. 20\nover $140 up to and including $150 .................................. 25\nover $150 up to and including $160 .................................. 30\nover $160 up to and including $170 .................................. 35\nover $170 up to and including $180 .................................. 40\nover $180 up to and including $190 .................................. 45\nover $190 up to and including $200 .................................. 50\nover $200 ........................................................... 50\n 1-d. If there be a surviving spouse of an employee of a private\nvoluntary hospital killed in a World Trade Center rescue, who passed a\nphysical examination upon employment as a rescue worker that failed to\nreveal evidence of a condition that was the proximate cause of death,\nand no child of the deceased under the age of eighteen years, or under\nthe age of twenty-three years if enrolled and attending as a full-time\nstudent in an accredited educational institution and such enrollment and\nfull-time attendance is certified by such institution, and no child of\nany age dependent blind or physically disabled, to such spouse\nseventy-five per centum of the average wages of the deceased during\nwidowhood or widowerhood, with two years' compensation, in one sum, upon\nremarriage. Where such death occurs, and the spouse is receiving the\nsurvivors insurance benefits under the social security act, the death\nbenefit payable under this section shall be reduced in accordance with\nthe provisions of table No. I in subdivision one-c of this section by\nfive per centum of the spouse's share of the survivor's insurance\nbenefits under the social security act for each ten dollars of\ndeceased's average weekly wage in excess of one hundred dollars;\nprovided that in no case shall such reduction exceed fifty per centum of\nsuch spouse's share of the survivors insurance benefits under the social\nsecurity act.\n 2. If there be a surviving spouse and a surviving child or children of\nthe deceased under the age of eighteen years or a surviving child or\nchildren of any age dependent blind or physically disabled, and the\ndeath occurs on or after July first, nineteen hundred forty-eight, and\nprior to January first, nineteen hundred seventy-eight, to such spouse\nthirty per centum of the average wages of the deceased during widowhood\nor widowerhood with two years' compensation in one sum, upon remarriage;\nand the additional amount of twenty per centum of such wages for each\nsuch child until the age of eighteen years or until the removal of the\ndependency of the blind or physically disabled child or children; in\ncase of the subsequent death or remarriage of such surviving spouse any\nsurviving child of the deceased employee, at the time under eighteen\nyears of age or dependent through mental or physical infirmity, shall\nhave his compensation increased to thirty per centum of such wages, and\nthe same shall be payable until he shall reach the age of eighteen years\nor until such dependent blind or physically disabled condition shall\nhave been removed; provided that the total amount payable shall in no\ncase exceed sixty-six and two-thirds per centum of such wages. Upon\nstatutory termination of compensation payments to all such children, the\ncompensation of the surviving spouse shall be increased to forty per\ncentum of such wages with two years' compensation, at such rate, in one\nsum, upon remarriage.\n If there be a surviving wife (or dependent husband) and any of the\naforementioned surviving children, and the death occurred prior to July\nfirst, nineteen hundred forty-eight, to such wife (or dependent husband)\nthirty per centum of the average wages of the deceased during widowhood\n(or dependent widowerhood) with two years' compensation in one sum, upon\nremarriage; and the additional amount of ten per centum of such wages\nfor each such child until eighteen years of age or until the removal of\nthe dependency of the blind or physically disabled child or children; in\ncase of the subsequent death or remarriage of such surviving wife (or\ndependent husband) any surviving child of the deceased shall have his\ncompensation increased to fifteen per centum of such wages until he\nshall reach the age of eighteen years or until such dependent blind or\nphysically disabled condition shall have been removed; provided that the\ntotal amount payable shall in no case exceed sixty-six and two-thirds\nper centum of such wages.\n The board may in its discretion require the appointment of a guardian\nfor the purpose of receiving the compensation of a minor child or a\ndependent blind or physically disabled child. In the absence of such a\nrequirement by the board the appointment of a guardian for such purposes\nshall not be necessary.\n 2-a. If there be a surviving spouse and a surviving child under the\nage of eighteen years or under the age of twenty-three years if enrolled\nand attending as a full time student in an accredited educational\ninstitution and such enrollment and full time attendance is certified by\nsuch institution or a surviving child of any age dependent blind or\nphysically disabled and the death occurs on or after January first,\nnineteen hundred seventy-eight, to such spouse thirty-six and two-thirds\nper centum of the average wages of the deceased during widowhood or\nwidowerhood with two years' compensation in one sum, upon remarriage;\nand thirty per centum of such wages to such child under the age of\neighteen years or under the age of twenty-three years if enrolled and\nattending as a full time student in an accredited educational\ninstitution and such enrollment and full time attendance is certified by\nsuch institution or a surviving child of any age dependent blind or\nphysically disabled; in the case of the subsequent death of such\nsurviving spouse the surviving child shall have his compensation\nincreased to sixty-six and two-thirds per centum of such wages and the\nsame shall be payable so long as he is under the age of eighteen years\nor under the age of twenty-three years if enrolled and attending as a\nfull time student in an accredited educational institution and such\nenrollment and full time attendance is certified by such institution or\na surviving child of any age dependent blind or physically disabled;\nupon statutory termination of compensation payable to such child, the\ncompensation of the surviving spouse shall be increased to sixty-six and\ntwo-thirds per centum of such wages with two years' compensation, at\nsuch rate, in one sum, upon remarriage. Upon remarriage of such\nsurviving spouse, the surviving child shall continue to receive thirty\nper centum of such wages. Where the death occurs on or after January\nfirst, nineteen hundred seventy-eight and the spouse is receiving\nsurvivors insurance benefits under the social security act, the death\nbenefit payable under this section shall be reduced by five per centum\nof the spouse's share of the survivors insurance benefits under the\nsocial security act for each ten dollars of deceased's average weekly\nwage in excess of one hundred dollars provided that in no case shall\nsuch reduction exceed fifty per centum of said spouse's share of the\nsurvivors insurance benefits under the social security act as set forth\nin table No. I below.\n TABLE No. I\n Offset provisions applicable in death benefits\n where there is a surviving spouse and one child\nAVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S\n SHARE OF SURVIVORS\n INSURANCE BENEFITS\nover $100 up to and including $110 ................................... 5\nover $110 up to and including $120 .................................. 10\nover $120 up to and including $130 .................................. 15\nover $130 up to and including $140 .................................. 20\nover $140 up to and including $150 .................................. 25\nover $150 up to and including $160 .................................. 30\nover $160 up to and including $170 .................................. 35\nover $170 up to and including $180 .................................. 40\nover $180 up to and including $190 .................................. 45\nover $190 up to and including $200 .................................. 50\nover $200 ........................................................... 50\n If there be a surviving spouse and two or more surviving children\nunder the age of eighteen years or under the age of twenty-three years\nif enrolled and attending as a full time student in an accredited\neducational institution and such enrollment and full time attendance is\ncertified by such institution or a surviving child or children of any\nage dependent blind or physically disabled and a death occurs on or\nafter January first, nineteen hundred seventy-eight, to such spouse\nthirty-six and two-thirds per centum of the average wage of the deceased\nduring widowhood or widowerhood with two years' compensation in one sum\nupon remarriage; and thirty per centum of such wages to such children\nunder the age of eighteen years or under the age of twenty-three years\nif enrolled and attending as a full time student in an accredited\neducational institution and such enrollment and full time attendance is\ncertified by such institution or a surviving child or children of any\nage dependent blind or physically disabled, share and share alike; in\ncase of the subsequent death of such surviving spouse the surviving\nchildren shall have their compensation increased to sixty-six and\ntwo-thirds per centum of such wages and the aggregate sum shall be\npayable, share and share alike, so long as they are under the age of\neighteen years or under the age of twenty-three years if enrolled and\nattending as a full time student in an accredited educational\ninstitution and such enrollment and full time attendance is certified by\nsuch institution or a surviving child or children of any age dependent\nblind or physically disabled. Upon remarriage of such surviving spouse,\nif there be two surviving children each shall receive twenty-five per\ncentum of such wages, and if there are surviving more than two children\nunder the age of eighteen years or under the age of twenty-three if\nenrolled and attending as a full time student in an accredited\neducational institution and such enrollment and full time attendance is\ncertified by such institution or a surviving child or children of any\nage dependent blind or physically disabled sixty-six and two-thirds per\ncentum of such wages share and share alike. Upon statutory termination\nof compensation payable to such children, the compensation of the\nsurviving spouse shall be increased to sixty-six and two-thirds per\ncentum of such wages with two years' compensation, at such rate, in one\nsum, upon remarriage. Where the death occurs on or after January first,\nnineteen hundred seventy-eight, and the spouse is receiving survivors\ninsurance benefits under the social security act, the death benefits\npayable under this section shall be reduced by five per centum of the\nspouse's share of the survivors insurance benefits under the social\nsecurity act for each ten dollars of deceased's average weekly wage in\nexcess of one hundred fifty dollars provided that in no case shall such\nreduction exceed fifty per centum of said spouse's share of the\nsurvivors insurance benefits under the social security act as set forth\nin table No. II below.\n TABLE No. II\n Offset provisions applicable in death benefits\n where there is a surviving spouse and two or more children\nAVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S\n SHARE OF SURVIVORS\n INSURANCE BENEFITS\nover $150 up to and including $160 ................................... 5\nover $160 up to and including $170 .................................. 10\nover $170 up to and including $180 .................................. 15\nover $180 up to and including $190 .................................. 20\nover $190 up to and including $200 .................................. 25\nover $200 up to and including $210 .................................. 30\nover $210 up to and including $220 .................................. 35\nover $220 up to and including $230 .................................. 40\nover $230 up to and including $240 .................................. 45\nover $240 up to and including $250 .................................. 50\nover $250 ........................................................... 50\n 2-b. If there be a surviving spouse of an employee of a private\nvoluntary hospital killed in a World Trade Center rescue, who passed a\nphysical examination upon employment as a rescue worker that failed to\nreveal evidence of a condition that was the proximate cause of death,\nand a surviving child under the age of eighteen years, or under the age\nof twenty-three years if enrolled and attending as a full-time student\nin an accredited educational institution and such enrollment and\nfull-time attendance is certified by such institution, or a surviving\nchild of any age dependent blind or physically disabled, to such spouse\nforty per centum of the average wages of the deceased during widowhood\nor widowerhood, with two years' compensation in one sum, upon\nremarriage; and thirty-five per centum of such wages to such child under\nthe age of eighteen years, or under the age of twenty-three years if\nenrolled and attending as a full-time student in an accredited\neducational institution and such enrollment and full-time attendance is\ncertified by such institution, or a surviving child of any age dependent\nblind or physically disabled; in the case of the subsequent death of\nsuch surviving spouse the surviving child shall have his or her\ncompensation increased to seventy-five per centum of such wages and the\nsame shall be payable so long as he or she is under the age of eighteen\nyears, or under the age of twenty-three years if enrolled and attending\nas a full-time student in an accredited educational institution and such\nenrollment and full-time attendance is certified by such institution, or\na surviving child of any age dependent blind or physically disabled;\nupon statutory termination of compensation payable to such child, the\ncompensation of the surviving spouse shall be increased to seventy-five\nper centum of such wages with two years' compensation, at such rate, in\none sum, upon remarriage. Upon remarriage of such surviving spouse, the\nsurviving child shall continue to receive thirty-five per centum of such\nwages. Where such death occurs, and the spouse is receiving survivors\ninsurance benefits under the social security act, the death benefit\npayable under this section shall be reduced by five per centum of the\nspouse's share of the survivors insurance benefits under the social\nsecurity act for each ten dollars of deceased's average weekly wage in\nexcess of one hundred dollars; provided that in no case shall such\nreduction exceed fifty per centum of such spouse's share of the\nsurvivors insurance benefits under the social security act as set forth\nin table No. I in subdivision one-c of this section. If there be a\nsurviving spouse of an employee of a private voluntary hospital killed\nin a World Trade Center rescue, who passed a physical examination upon\nemployment as a rescue worker that failed to reveal evidence of a\ncondition that was the proximate cause of death, and two or more\nsurviving children under the age of eighteen years, or under the age of\ntwenty-three years if enrolled and attending as a full-time student in\nan accredited educational institution and such enrollment and full-time\nattendance is certified by such institution, or a surviving child or\nchildren of any age dependent blind or physically disabled and a death\noccurs on or after September eleventh, two thousand one, to such spouse\nforty per centum of the average wage of the deceased during widowhood or\nwidowerhood with two years' compensation in one sum upon remarriage; and\nthirty-five per centum of such wages to such children under the age of\neighteen years, or under the age of twenty-three years if enrolled and\nattending as a full-time student in an accredited educational\ninstitution and such enrollment and full-time attendance is certified by\nsuch institution, or a surviving child or children of any age dependent\nblind or physically disabled, share and share alike; in case of the\nsubsequent death of such surviving spouse the surviving children shall\nhave their compensation increased to seventy-five per centum of such\nwages and the aggregate sum shall be payable, share and share alike, so\nlong as they are under the age of eighteen years, or under the age of\ntwenty-three years if enrolled and attending as a full-time student in\nan accredited educational institution and such enrollment and full-time\nattendance is certified by such institution, or a surviving child or\nchildren of any age dependent blind or physically disabled. Upon\nremarriage of such surviving spouse, if there be two surviving children\neach shall receive thirty-seven and one-half per centum of such wages,\nand if there are surviving more than two children under the age of\neighteen years, or under the age of twenty-three if enrolled and\nattending as a full-time student in an accredited educational\ninstitution and such enrollment and full-time attendance is certified by\nsuch institution, or a surviving child or children of any age dependant\nblind or physically disabled, seventy-five per centum of such wages\nshare and share alike. Upon statutory termination of compensation\npayable to such children, the compensation of the surviving spouse shall\nbe increased to seventy-five per centum of such wages with two years'\ncompensation, at such rate, in one sum, upon remarriage. Where the death\noccurs on or after September eleventh, two thousand one, and the spouse\nis receiving survivors insurance benefits under the social security act,\nthe death benefits payable under this section shall be reduced by five\nper centum of the spouse's share of the survivors insurance benefits\nunder the social security act for each ten dollars of deceased's average\nweekly wage in excess of one hundred fifty dollars; provided that in no\ncase shall such reduction exceed fifty per centum of said spouse's share\nof the survivors insurance benefits under the social security act as set\nforth in table No. II in subdivision two-a of this section.\n 3. If there be a surviving child or children of the deceased under the\nage of eighteen years or a dependent blind or physically disabled child\nor children of any age, but no surviving spouse then where the death\noccurs on or after July first, nineteen hundred forty-eight, and prior\nto January first, nineteen hundred seventy-eight, for the support of\neach such child until the age of eighteen years, or until the removal of\nthe dependency of such blind or physically disabled child or children,\nthirty per centum of the wages of the deceased, and where the death\noccurred prior to July first, nineteen hundred forty-eight, for the\nsupport of each such child until the age of eighteen years, or until the\nremoval of the dependency of such blind or physically disabled child or\nchildren, fifteen per centum of the wages of the deceased; provided that\nthe aggregate shall in no case exceed sixty-six and two-thirds per\ncentum of such wages.\n 3-a. If there be a surviving child or children of the deceased under\nthe age of eighteen years or under the age of twenty-three years if\nenrolled and attending as a full time student in an accredited\neducational institution and such enrollment and full time attendance is\ncertified by such institution or a dependent blind or physically\ndisabled child or children of any age, but no surviving spouse then\nwhere the death occurs on or after January first, nineteen hundred\nseventy-eight, for the support of such child or children until the age\nof eighteen years, or under the age of twenty-three years if enrolled\nand attending as a full time student in an accredited educational\ninstitution and such enrollment and full time attendance is certified by\nsuch institution or until the removal of the dependency of such blind or\nphysically disabled child or children, sixty-six and two-thirds per\ncentum of the wages of the deceased. Where there are two or more\nchildren, the compensation payable shall be divided among such children\nshare and share alike.\n 3-b. If there be a surviving child or children, of an employee of a\nprivate voluntary hospital killed in a World Trade Center rescue, who\npassed a physical examination upon employment as a rescue worker that\nfailed to reveal evidence of a condition that was the proximate cause of\ndeath, under the age of eighteen years, or under the age of twenty-three\nyears if enrolled and attending as a full-time student in an accredited\neducational institution and such enrollment and full-time attendance is\ncertified by such institution, or a dependent blind or physically\ndisabled child, or children of any age, but no surviving spouse then,\nwhere such death occurs, for the support of each such child until the\nage of eighteen years, or under the age of twenty-three years if\nenrolled and attending as a full-time student in an accredited\neducational institution and such enrollment and full-time attendance is\ncertified by such institution or until the removal of the dependency of\nsuch blind or physically disabled child or children, seventy-five per\ncentum of the wages of the deceased. Where there are two or more\nchildren, the compensation payable shall be divided among such children\nshare and share alike.\n 4. If there be no surviving spouse or child under the age of eighteen\nyears, or dependent blind or physically disabled child of any age, or if\nthe amount payable to surviving spouse and to children under the age of\neighteen years or such dependent blind or physically disabled children\nshall be less in the aggregate than sixty-six and two-thirds per centum\nof the average wages of the deceased, then where the death occurs on or\nafter July first, nineteen hundred forty-eight, and prior to January\nfirst, nineteen hundred seventy-eight, for the support of grandchildren\nor brothers and sisters under the age of eighteen years, if dependent\nupon the deceased at the time of the accident, twenty-five per centum of\nsuch wages for the support of each such person until the age of eighteen\nyears; and for the support of each parent, or grandparent, of the\ndeceased if dependent upon him at the time of the accident, forty per\ncentum of such wages during such dependency; and where the death\noccurred prior to July first, nineteen hundred forty-eight, to such\ndependent grandchildren or brothers and sisters, fifteen per centum of\nsuch wages until eighteen years of age, and to such dependent parent or\ngrandparent, twenty-five per centum of such wages during dependency. But\nin no case shall the aggregate amount payable under this subdivision\nexceed the difference between sixty-six and two-thirds per centum of\nsuch wages, and the amount payable as hereinbefore provided to surviving\nspouse or for the support of surviving child or children.\n 4-a. If there be no surviving spouse or child under the age of\neighteen years or under the age of twenty-three years if enrolled and\nattending as a full time student in an accredited educational\ninstitution and such enrollment and full time attendance is certified by\nsuch institution or dependent blind or physically disabled child of any\nage, then where the death occurs on or after January first, nineteen\nhundred seventy-eight, for the support of grandchildren or brothers and\nsisters if dependent upon the deceased at the time of the accident,\nunder the age of eighteen years, or under the age of twenty-three years\nif enrolled and attending as a full time student in an accredited\neducational institution and such enrollment and full time attendance is\ncertified by such institution, or blind or physically disabled\ngrandchildren or brothers and sisters of any age, twenty-five per centum\nof such wages for the support of each such person until the age of\neighteen years; or until the age of twenty-three years if enrolled and\nattending as a full time student in an accredited educational\ninstitution or until the removal of the dependency of such blind or\nphysically disabled grandchildren or brothers and sisters, and such\nenrollment and full time attendance is certified by such institution and\nfor the support of each parent, or grandparent, of the deceased if\ndependent upon him or her at the time of the accident, forty per centum\nof such wages during such dependency. But in no case shall the aggregate\namount payable under this subdivision exceed sixty-six and two-thirds\nper centum of such wages.\n 4-b. If there be no surviving spouse or child under the age of\neighteen years or under the age of twenty-three years if enrolled and\nattending as a full time student in an accredited educational\ninstitution and such enrollment and full time attendance is certified by\nsuch institution or dependent blind or physically disabled child of any\nage or grandchildren or brothers and sisters if dependent upon the\ndeceased at the time of the accident, under the age of eighteen years,\nor under the age of twenty-three years if enrolled and attending as a\nfull time student in an accredited educational institution and such\nenrollment and full time attendance is certified by such institution or\ndisabled blind or physically disabled grandchildren or brothers and\nsisters of any age, then a sum of fifty thousand dollars shall be paid\nto the deceased's surviving parents or if there be no surviving parents\nto the deceased's estate.\n 4-c. If there be no surviving spouse or child, or children of an\nemployee of a private voluntary hospital killed in a World Trade Center\nrescue, who passed a physical examination upon employment as a rescue\nworker that failed to reveal evidence of a condition that was the\nproximate cause of death, under the age of eighteen years, or under the\nage of twenty-three years if enrolled and attending as a full-time\nstudent in an accredited educational institution and such enrollment and\nfull-time attendance is certified by such institution, or dependent\nblind or physically disabled child of any age, then where the death\noccurs on or after September eleventh, two thousand one, for the support\nof grandchildren or brothers and sisters if dependent upon the deceased\nat the time of the accident, under the age of eighteen years, or under\nthe age of twenty-three years if enrolled and attending as a full-time\nstudent in an accredited educational institution and such enrollment and\nfull-time attendance is certified by such institution, or blind or\nphysically disabled grandchildren or brothers and sisters of any age,\ntwenty-five per centum of such wages for the support of each such person\nuntil the age of eighteen years; or until the age of twenty-three years\nif enrolled and attending as a full-time student in an accredited\neducational institution, or until the removal of the dependency of such\nblind or physically disabled grandchildren or brothers and sisters, and\nsuch enrollment and full-time attendance is certified by such\ninstitution and for the support of each parent, or grandparent, of the\ndeceased if dependent upon him or her at the time of the accident, forty\nper centum of such wages during such dependency. But in no case shall\nthe aggregate amount payable under this subdivision exceed seventy-five\nper centum of such wages.\n 4-d. If there be no surviving spouse or child, or children of an\nemployee of a private voluntary hospital killed in a World Trade Center\nrescue, who passed a physical examination upon employment as a rescue\nworker that failed to reveal evidence of a condition that was the\nproximate cause of death, under the age of eighteen years, or under the\nage of twenty-three years if enrolled and attending as a full-time\nstudent in an accredited educational institution and such enrollment and\nfull-time attendance is certified by such institution, or dependent\nblind or physically disabled child of any age, or grandchildren or\nbrothers and sisters if dependent upon the deceased at the time of the\naccident, under the age of eighteen years, or under the age of\ntwenty-three years if enrolled and attending as a full-time student in\nan accredited educational institution and such enrollment and full-time\nattendance is certified by such institution, or disabled blind or\nphysically disabled grandchildren or brothers and sisters of any age,\nthen a sum of fifty thousand dollars shall be paid to the deceased's\nsurviving parents or if there be no surviving parents to the deceased's\nestate.\n 5. Any excess of wages over: (1) seven hundred fifty dollars shall not\nbe taken into account in computing compensation under this section in\ncases where the death occurs on or after July first, two thousand seven,\n(2) eight hundred twenty-five dollars shall not be taken into account in\ncomputing compensation under this section in cases where the death\noccurs on or after July first, two thousand eight, (3) nine hundred\ndollars shall not be taken into account in computing compensation under\nthis section in cases where the death occurs on or after July first, two\nthousand nine, and (4) where the death occurs on or after July first,\ntwo thousand ten, or when the death occurs on or after July first of\neach succeeding year, an amount equal to the New York state average\nweekly wage for the year in which it is reported shall not be taken into\naccount in computing compensation under this section. Any excess of\nwages over five hundred ten dollars and five cents per week shall not be\ntaken into account in computing compensation under this section in cases\nwhere the death occurs on or after July first, nineteen hundred ninety,\nnor shall any excess of wages over five hundred twenty-five dollars per\nweek be taken into account in computing compensation pursuant to this\nsection in cases where death occurs on or after July first, nineteen\nhundred ninety-one, nor shall any excess of wages over six hundred\ndollars per week be taken into account in computing compensation\npursuant to this section in cases where death occurs on or after July\nfirst, nineteen hundred ninety-two with the exception that wages earned\nover six hundred dollars per week shall be taken into account in\ncomputing compensation under this section in cases involving an employee\nof a private voluntary hospital resulting from a World Trade Center\nrescue, who passed a physical examination upon employment as a rescue\nworker that failed to reveal evidence of a condition that was the\nproximate cause of death; nor shall any excess of wages over three\nhundred eighty-two dollars and fifty cents per week be taken into\naccount in computing compensation under this section in cases where the\ndeath occurs on or after July first, nineteen hundred eighty-three, nor\nshall any excess of wages over four hundred twelve dollars and fifty\ncents per week be taken into account in computing compensation under\nthis section in cases where the death occurs on or after July first,\nnineteen hundred eighty-four, nor shall any excess of wages over four\nhundred fifty dollars per week be taken into account in computing\ncompensation under this section in cases where the death occurs on or\nafter July first, nineteen hundred eighty-five; nor shall any excess of\nwages over one hundred eighty-seven dollars and fifty cents per week on\nor after January first, nineteen hundred seventy-eight or over two\nhundred seventy dollars per week on or after July first, nineteen\nhundred seventy-eight or over three hundred twenty-two dollars and fifty\ncents per week on or after January first, nineteen hundred seventy-nine,\nand prior to July first, nineteen hundred eighty-three, be taken into\naccount in computing compensation under this section nor shall any\nexcess of wages over six hundred and seventeen dollars and fifty cents a\nmonth be taken into account in computing compensation under this section\nin cases where the death occurred on or after July first, nineteen\nhundred seventy-four, and prior to January first, nineteen hundred\nseventy-eight, nor shall any excess of wages over five hundred and\ntwenty dollars a month be taken into account in computing compensation\nin cases where death occurred on or after July first, nineteen hundred\nseventy and prior to July first, nineteen hundred seventy-four, nor\nshall any excess of wages over four hundred and fifty-five dollars a\nmonth be taken into account in computing compensation in cases where\ndeath occurred on or after July first, nineteen hundred sixty-eight and\nprior to July first, nineteen hundred seventy, nor shall any excess of\nwages over three hundred and ninety dollars a month be taken into\naccount in computing compensation in cases where death occurred on or\nafter July first, nineteen hundred sixty-five and prior to July first,\nnineteen hundred sixty-eight, nor shall any excess of wages over three\nhundred and fifty-seven dollars and fifty cents a month be taken into\naccount in computing compensation in cases where death occurred on or\nafter July first, nineteen hundred sixty-two and prior to July first,\nnineteen hundred sixty-five, nor shall any excess of wages over three\nhundred and twenty-five dollars a month be taken into account in\ncomputing compensation in cases where death occurred on or after July\nfirst, nineteen hundred sixty and prior to July first, nineteen hundred\nsixty-two, nor shall any excess of wages over two hundred and ninety-two\ndollars and fifty cents a month be taken into account in computing\ncompensation where death occurred on or after July first, nineteen\nhundred fifty-eight and prior to July first, nineteen hundred sixty, nor\nshall any excess of wages over two hundred and sixty dollars a month be\ntaken into account in computing compensation where death occurred on or\nafter July first, nineteen hundred fifty-four and prior to July first,\nnineteen hundred fifty-eight, nor shall any excess of wages over two\nhundred and twenty-seven dollars and fifty cents a month be taken into\naccount in computing compensation where death occurred on or after July\nfirst, nineteen hundred forty-eight and prior to July first, nineteen\nhundred fifty-four, nor shall any excess of wages over one hundred and\neighty-two dollars a month be taken into account in computing\ncompensation where the death occurred on or after June first, nineteen\nhundred forty-six and prior to July first, nineteen hundred forty-eight.\nWhen death occurred on or after July first, nineteen hundred forty-eight\nand prior to January first, nineteen hundred seventy-eight, computing\ncompensation to the widow or widower and children of a deceased employee\nin no event shall wages be deemed to be less than one hundred and thirty\ndollars a month. All questions of dependency shall be determined as of\nthe time of the accident. When death occurred on or after January first,\nnineteen hundred seventy-eight, in no event shall wages be deemed to be\nless than forty-five dollars a week in computing compensation to the\nwidow or widower and/or children of the deceased employee.\n 6. If there be a person entitled to death benefits under the\nprovisions of this section, who shall be under the age of eighteen\nyears, and who shall be an incarcerated individual of any institution\nand a public charge upon the department of social services of the city\nof New York, or any other department or body, the benefits allowed\nhereunder shall be payable to the said department of public welfare of\nthe city of New York or any other department or body to the extent of\nthe reasonable charges for the care and maintenance, during the\ncontinuance as a public charge in said institution, of said beneficiary\nand until the said person shall have attained the age of eighteen years.\nAny sum or sums remaining after the said payment out of the benefits\nshall be distributed as provided by the other subdivisions of this\nsection.\n 7. In computing the offsets under subdivisions one-c and two-a of this\nsection any increase in survivors insurance benefits under social\nsecurity that occurs after the date of death shall not be considered,\nand any such offset shall be equally applicable to the survivors\ninsurance benefits under the social security act which are received\nretroactively but such offset shall not apply to increases of such\nbenefits received retroactively.\n