N.Y. GMU Law § 205 — New York Code / Act GMU / Article 10 / Section 205
Payments to injured or representatives of deceased volunteer firefighters
Status: in_force

§ 205. Payments to injured or representatives of deceased volunteer\nfirefighters. 1. If an active member of a volunteer fire company in any\ncity, incorporated village or in any fire district of a town outside of\nan incorporated village or in any part of a town protected by a\nvolunteer fire company incorporated under the provisions of the\nmembership corporations law, or if an active member of any duly\norganized volunteer fire company, dies from injuries incurred while in\nthe performance of his or her duties as such firefighter or as a member\nof a fire department emergency relief squad, a fire police squad or a\nfire patrol within one year thereafter, the city, village, fire district\nor town which is responsible as provided in subdivision four of this\nsection shall pay as follows:\n  a. If such volunteer firefighter is a member of a volunteer fire\ncompany located in any city in which a pension fund is maintained, the\nrelatives of such volunteer firefighter shall be entitled to a pension\nin the same manner and at the same rates as if he or she were a member\nof the paid fire department of such city.\n  b. If in any other place the sum of three thousand dollars shall be\npaid to the widow or widower of such deceased volunteer firefighter or\nto the executor or administrator of his or her estate if he or she is\nnot survived by a widow or widower. In addition there shall be paid to\nthe widow or widower of such volunteer firefighter for the benefit of\nsuch child or children the sum of twenty-five dollars a month for each\nsurviving child, including a posthumous child, of such deceased\nfirefighter under the age of eighteen years, but not more than a total\nof fifty dollars a month for all such children, or if the decedent be\nnot survived by a widow or widower, or if he or she dies before the\npayments cease, then such payments for a child or children shall be made\nto their guardian or to relatives with whom they are living for their\nbenefit.\n  2. Any such volunteer firefighter who shall become permanently\nincapacitated for performing the full duties of a volunteer firefighter\nby reason of disease or disability caused or induced by actual\nperformance of the duties of his or her position, without fault or\nmisconduct on his or her part, shall\n  a. If a member of a volunteer fire company located in any city in\nwhich a pension fund is maintained, be paid a pension in the same manner\nand at the same rate as if he or she were a member of the paid fire\ndepartment of such city.\n  b. If a member of a volunteer fire company in any other place, be paid\none-half the amount which would have been payable in case of death to\nhis or her executor or administrator under the provisions of subdivision\none of this section;\n  Provided, however, that if such volunteer firefighter shall at the\nexpiration of the disability payments provided for in subdivision three\nof this section be totally incapacitated to engage in any occupation for\nremuneration or profit by reason of disease or disability caused by\nactual performance of the duties of his or her position, without fault\nor misconduct on his or her part, he or she shall be paid the sum of\nfifteen dollars per week during the period thereafter that such total\nincapacity shall continue and, in addition thereto, during such period\nthere shall be paid to him or her for the benefit of his or her child or\nchildren the sum of twelve dollars fifty cents a month for each child\nunder the age of eighteen years, but not more than a total of\ntwenty-five dollars a month for all such children, but no payment on\naccount of a child shall continue after such child shall have attained\nthe age of eighteen years. In the event payments to a volunteer\nfirefighter and his or her children on account of total incapacity, as\nheretofore in this subdivision provided, shall not have amounted to the\nsum to which he or she would otherwise have been entitled on account of\npermanent incapacity for performing the full duties of a volunteer\nfirefighter and he or she shall be found to have recovered to such\nextent that he or she is no longer totally incapacitated but is still\npermanently incapacitated for performing the full duties of a volunteer\nfirefighter, there shall be paid to him or her the difference between\nthe payments already made to him or her for his or her own account and\nfor the account of his or her children and the amount to which he or she\nwould be entitled under this subdivision on account of permanent\nincapacity for performing the full duties of a volunteer firefighter.\nThe authorities having jurisdiction to audit the claim of any volunteer\nfirefighter claiming total disability benefits under this subdivision\nshall have the right to cause such injured volunteer firefighter to be\nexamined from time to time at reasonable intervals by the municipal\nhealth authorities or any physician appointed by them for that purpose\nto determine whether total disability continues and, in case a volunteer\nfirefighter receiving total disability benefits hereunder shall refuse\nto permit any such examination to be made, such authorities shall be\nauthorized to discontinue the payment of benefits to him or her until\nsuch examination is allowed.\n  3. Any such volunteer firefighter who shall receive injuries while\nperforming his or her duties as such, while in the fire house, while\ngoing to or returning from a fire by any means of travel,\ntransportation, or conveyance whatever, or while working at the fire or\nanswering a call or fire alarm or while officially engaged in testing or\ninspecting the apparatus, or equipment, or while engaged as a member of\na fire department, or fire company, emergency relief squad or fire\npolice squad, or fire patrol or while attending a fire school, or while\ninstructing or being instructed in fire duties or while attending any\ndrill or parade or inspection in which his or her company or department\nis engaged, or while engaged in emergency work not related to fire\nextinguishment or prevention or going to or returning therefrom when\nduly authorized to participate therein, so as to necessitate medical or\nother lawful remedial treatment or prevent him or her from following his\nor her usual vocation on account thereof, shall be reimbursed for such\nsums as are actually and necessarily paid for medical or other lawful\nremedial treatment, not exceeding five hundred dollars. He or she shall\nalso be compensated for the time he or she was actually and necessarily\nprevented from following his or her vocation or for the time of his or\nher disability on account of such injuries, at the rate of thirty-six\ndollars per week not to exceed one thousand eight hundred dollars.\n  Notice of an injury or death for which benefits are payable under this\nsection shall be given to the municipal corporation or fire district\nresponsible for the payment thereof within thirty days after receiving\nsuch injury, and also in case of the death of the volunteer firefighter\nresulting from such injury within thirty days after such death. Such\nnotice may be given by any person claiming to be entitled to such\nbenefits or by someone in his or her behalf. The notice shall be in\nwriting, shall contain the name and address of the volunteer\nfirefighter, and state in ordinary language the time, place, nature and\ncause of the injury and shall be signed by him or her or by a person on\nhis or her behalf or, in case of death, by any one or more of his or her\ndependents, or by a person on their behalf. The notice shall be given to\nthe comptroller or chief financial officer of the city, the clerk of the\nvillage, the secretary of the fire district, or the town clerk of the\ntown, as the case may be, by delivering it to such officer or by\nregistered letter properly addressed to such officer. The failure to\ngive notice of injury or notice of death shall be a bar to any claim\nunder this section. Failure to give notice of such injury or death\nwithin such thirty day period may be excused by the county judge who\nwould have jurisdiction of a controversy under this section, upon\npetition and notice in the manner provided in subdivision five of this\nsection, either upon the ground that for some sufficient reason the\nnotice had not been given, or that any member of a body in charge of, or\nany officer of the fire department or fire company had knowledge within\nsuch thirty day period, of the injuries or death, or that the municipal\ncorporation or fire district has not been prejudiced by a delay in\ngiving such notice.\n  Any such volunteer firefighter who shall receive injuries as aforesaid\nshall, when certified by the chief or other executive officer of the\nfire department or by the appropriate administrative officers under whom\nhe or she serves, be received by any public, private, or semi-private\nhospital for care and treatment at the usual ward or semi-private\npatient rates, including charges at the prevailing ward or semi-private\npatient rates for necessary nursing, laboratory tests, x-ray\nexaminations and physical therapy, or, in case any such hospital has a\ncontract with the municipality served by such volunteer firefighter,\nthen at the rates specified in such contract.\n  Within two years after receiving the injury, or if death results\ntherefrom within two years after such death, a claim for the benefits\nunder this section shall be filed with the same officer to whom a notice\nof an injury must be given, as aforesaid. The claim shall be in\nsubstantially the same form and shall give substantially the same\ninformation as is required to be given in a claim under the provisions\nof section twenty-eight of the workers' compensation law.\nNotwithstanding the provisions of any other law, any such claim need not\nbe sworn to, verified or acknowledged.\n  Payments of weekly benefits under this section shall commence within\nfifteen days after the filing of such claim, and payments of lump sum,\nand monthly, death benefits under this section shall be made or\ncommenced within thirty days after such filing. In the event of a\nfailure to make such payments within any such period or to continue the\nsame for the time required therefor, a controversy shall be presumed to\nhave arisen and a proceeding may thereupon be instituted pursuant to\nsubdivision five of this section to compel such payment.\n  4. In cities any benefit under this section shall be a city charge and\nany claim therefor shall be audited and paid in the same manner as other\ncity charges, except that no part of the moneys payable under this\nsection shall be paid from the pension funds of the said departments\ntherein. In villages any such benefit shall be a village charge and any\nclaim therefor shall be audited and paid in the same manner as other\nvillage charges, and shall be assessed upon the property liable to\ntaxation in said village, and levied and collected in the same manner as\nvillage taxes. In fire districts any such benefit shall be a fire\ndistrict charge and any claim therefor shall be audited and paid in the\nsame manner as other fire district charges, and shall be assessed upon\nthe property in such fire districts liable to taxation, and levied and\ncollected in the same manner as fire district taxes. If such firefighter\nwas a member of a town fire company or fire department or a member of a\nfire company incorporated under the membership corporations law, located\noutside of a city, village or fire district, any such benefit shall be a\ntown charge and any claim therefor shall be audited and paid in the same\nmanner as town charges and shall be assessed upon the property liable to\ntaxation in the territory protected by such fire company and levied and\ncollected in the same manner as town charges therein. If such\nfirefighter was a member of a fire company or fire department operating\nin, or maintained jointly by two or more villages, or two or more towns,\nor two or more fire districts, any such benefit shall be a charge\nagainst the village, town or fire district, in which the fire occurred.\nIf such injury occur while assistance is being rendered to a neighboring\ncity, town, village, fire district, fire protection district (including\na fire protection district served by the company or department of which\nsuch firefighter is a member), fire alarm district, or territory outside\nany such district upon the call of such city, town, village, fire\ndistrict, fire protection district, fire alarm district, or territory\noutside any such district, or while going to or returning from the place\nfrom whence such call came, or death shall result from any such injury,\nany such benefit shall be a charge against such neighboring city, town,\nvillage, fire district, fire protection district, fire alarm district,\nor territory outside any such district, so issuing the call for\nassistance and after audit shall be paid and assessed upon the property\nliable to taxation in such neighboring city, town, village, fire\ndistrict, fire protection district, fire alarm district, or territory\noutside any such district, and levied and collected in the same manner\nas other charges against the same are levied and collected.\n  Any city, village, fire district or town may finance the payment of\nany benefits payable under the provisions of this section by the\nissuance of serial bonds or capital notes pursuant to the local finance\nlaw unless it is required by some other law to pay such benefits from\ncurrent funds.\n  Any such city, village, fire district or the town board acting for and\non behalf of any fire protection district, fire alarm district or\nterritory outside any such district, may contract for insurance\nindemnifying against the liability imposed by this section, provided\nfurther that such contract of insurance shall also indemnify against the\nliability imposed by the workers' compensation law in relation to\ninjuries or death of volunteer firefighter, and the cost of such\ninsurance shall be paid and provided in the same manner as benefits are\nrequired to be paid and provided in this section.\n  If any claim under this section is one for which an insurance company\nmight be liable, or if it is a claim for which a mutual self-insurance\nplan under subdivision three-a of section fifty of the workers'\ncompensation law might be liable, the officer to whom a notice of injury\nis required to be delivered or mailed and with whom a claim is required\nto be filed under the provisions of this section shall send a copy of\nany such notice or claim and a copy of any notice of a proceeding\nrelating to an injury or claim to such insurance company or plan, as the\ncase may be, promptly after receiving the same.\n  Any money paid to an executor or administrator under any of the\nprovisions of this section shall be distributed in the manner provided\nby law for the distribution of personal property, and all money paid\nunder this section shall be exempt from any process for the collection\nof debts either against the volunteer firefighter or any beneficiary to\nwhom the same is paid under the provisions of this section.\n  No release from the liability imposed by this section shall be valid\nif it shall appear that the person executing such release has not\nreceived the full amount to which he or she is entitled under the\nprovisions of this section.\n  The words "injury" and "injuries", as used in this section, include\nany disablement of a volunteer firefighter as the direct result of the\nperformance of his or her duties.\n  If for the purpose of obtaining any benefit or payment under the\nprovisions of this section, or for the purpose of influencing any\ndetermination regarding any benefit or payment under the provisions of\nthis section, either for himself or herself or for any other person, any\nperson willfully makes a false statement or representation, he or she\nshall be guilty of a misdemeanor.\n  The provisions of this section relating to giving notice of injury and\nfiling claim, and to the contents of any such notice or claim, shall be\nconstrued liberally in order to effectuate the objects and purposes of\nthis section.\n  5. Any controversy arising at any time under the provisions of this\nsection shall be determined by the county judge of any county in which\nthe city, village, fire district, or town, which would be responsible\nfor payments under this section, is located. For that purpose, any party\nmay present a petition to such county judge, setting forth the facts and\nrights which are claimed. A copy of such petition and notice of the time\nand place when the same will be presented shall be served on all persons\ninterested therein, at least eight days prior to such presentation.\n  6. The provisions of this section shall not apply to volunteer\nfirefighters killed or injured on or after the first day of March,\nnineteen hundred fifty-seven, or who die from the effects of injuries\nreceived on or after such date.\n