NY Vol Amb Work Ben L § 7 (2021)
2021 New York Laws VAW - Volunteer Ambulance Workers' Benefit Article 2 - Coverage and Benefits 7 - Death Benefits.

§  7. Death benefits. In the event of death the benefit shall be known   as a death benefit and shall be paid as follows:1. The reasonable funeral expenses of the deceased volunteer ambulance   worker shall be paid in an  amount  not  exceeding  six  thousand  seven   hundred  dollars.  If  such  funeral  expenses shall have been paid by a   person entitled to benefits under this section or by others, the funeral   expenses awarded shall be made payable to such  beneficiary  or  others;   otherwise  they  shall  be  payable  to  the undertaker who provided the   burial. Funeral expenses shall be awarded in all death cases.2. If there be a surviving spouse, to such  spouse  the  lump  sum  of   fifty-six thousand dollars, but if there be no surviving spouse, then to   the  executor  or administrator of the estate of the volunteer ambulance   worker, the lump sum of fifty-six thousand dollars. Such sum shall be in   addition to any other benefits provided in this chapter and shall not be   diminished by benefits paid to the volunteer ambulance worker during his   lifetime. Any money paid to an executor or administrator pursuant to the   provisions of this  subdivision  shall  be  distributed  in  the  manner   provided  by the laws of this state for the distribution of the personal   property of an intestate decedent.3. In the case of a death of a volunteer ambulance worker, on or after   the enactment of this chapter and prior to July first, nineteen  hundred   ninety,  if  there  be  a surviving spouse and no surviving child of the   deceased under the age of eighteen years or under the age of twenty-five   years who  is  enrolled  as  a  full  time  student  in  any  accredited   educational  institution  and  no  surviving  child of any age dependent   blind or physically disabled, to  such  spouse  six  hundred  sixty-five   dollars for each week until remarried, and upon such remarriage the lump   sum of sixty-nine thousand one hundred sixty-four dollars.4.  If  any person under the age of eighteen years is an inmate of any   institution and  a  public  charge  upon  the  state  or  any  political   subdivision,  the  benefits  allowed  hereunder  shall be payable to the   state or political subdivision to the extent of the  reasonable  charges   for  care  and maintenance, during the continuance as a public charge in   such institution of such beneficiary and until  he  or  she  shall  have   attained the age of eighteen years. Any sum or sums remaining after such   payments shall be distributed as provided in this section.5.  The term "dependent blind or physically disabled", as used in this   section in relation  to  dependent  children,  means  totally  blind  or   physically  disabled  dependent  children whose disablement is total and   permanent.6. All questions of dependency shall be determined as of the  time  of   the injury.7.  The  workers' compensation board may in its discretion require the   appointment of a guardian for the purpose of receiving benefits  payable   to  a  minor child or a dependent blind or physically disabled child. In   the absence of such a requirement by such board  the  appointment  of  a   guardian for such purposes shall not be necessary.8. In the case of a death of a volunteer ambulance worker, on or after   the  effective  date  of  this chapter and prior to July first, nineteen   hundred ninety, that results from services  performed  in  the  line  of   duty,  if  there be a surviving spouse and a surviving child or children   of the deceased under the age of eighteen years  or  under  the  age  of   twenty-five  years  who  is  enrolled  as  a  full  time  student in any   accredited educational institution or a surviving child or  children  of   any  age  dependent  blind  or physically disabled, to such spouse three   hundred sixty-six  dollars  for  each  week  until  remarried,  and  the   additional  amount of three hundred dollars for each week for such child   or children, share and share alike, until the age of eighteen  years  or    under  the  age  of  twenty-five  years  who  is enrolled as a full time   student in any accredited educational institution or until  the  removal   of the dependency of the blind or physically disabled child or children.In the case of the death of such surviving spouse, the surviving child   or children of the deceased ambulance worker, at the time under eighteen   years  of age or under the age of twenty-five years who is enrolled as a   full time student in any accredited educational institution or dependent   through mental or physical infirmity, shall have his  or  her  or  their   benefit increased to six hundred sixty-five dollars for each week, share   and  share  alike, and the same shall be payable until he or she or they   shall reach the age of eighteen years or twenty-five years, as the  case   may  be,  or until such dependent blind or physically disabled condition   shall have been removed. Upon the remarriage of  such  surviving  spouse   prior  to  the  statutory  termination of benefits to all such children,   such spouse shall be paid the lump sum of  thirty-eight  thousand  forty   dollars;  and  the  surviving  child  shall  continue  to receive weekly   payments of three hundred dollars; if there be two  surviving  children,   each  shall  receive two hundred fifty dollars per week; and if there be   more than  two  surviving  children,  they  shall  receive  six  hundred   sixty-five  dollars  per week, share and share alike; and the same shall   be payable until he or she or they shall reach the age of eighteen years   or twenty-five years, as the case may be, or until such dependent  blind   or physically disabled condition shall have been removed. Upon statutory   termination  of  payments  to  all  such  children,  the payments to the   surviving spouse shall be increased to six  hundred  sixty-five  dollars   for  each  week  until  such spouse remarries, and upon such remarriage,   such spouse shall be paid  the  lump  sum  of  sixty-nine  thousand  one   hundred  sixty-four  dollars. In no event shall the total amount payable   for each week under  this  subdivision  exceed  six  hundred  sixty-five   dollars.9. In the case of a death of a volunteer ambulance worker, on or after   the  effective  date  of  this chapter and prior to July first, nineteen   hundred ninety, that results from services  performed  in  the  line  of   duty,  if  there  be surviving a child or children of the deceased under   the age of eighteen years or under the age of twenty-five years  who  is   enrolled   as   a  full  time  student  in  any  accredited  educational   institution or  a  dependent  blind  or  physically  disabled  child  or   children  of  any  age, but no surviving spouse, for the support of such   child or children until the age of eighteen years or  twenty-five  years   as the case may be, or until the removal of the dependency of such blind   or  physically  disabled  child  or  children,  six  hundred  sixty-five   dollars, share and share alike, for each week; provided that  the  total   amount payable for each week under this subdivision shall not exceed six   hundred sixty-five dollars per week.10.  In  the  case  of  a death of a volunteer ambulance worker, on or   after the effective date of  this  chapter  and  prior  to  July  first,   nineteen  hundred  ninety,  that  results from services performed in the   line of duty, if there be no surviving spouse or child of  the  deceased   under  the  age  of eighteen years or under the age of twenty-five years   who is enrolled as a full time student  in  any  accredited  educational   institution  or  dependent  blind  or  physically  disabled child of the   deceased of any age, then for the support of grandchildren  or  brothers   and  sisters  under  the  age  of  eighteen  years  or  under the age of   twenty-five years who  is  enrolled  as  a  full  time  student  in  any   accredited educational institution if dependent upon the deceased at the   time  of  the  injury,  two  hundred fifty dollars for each week for the   support of  each  such  person  until  the  age  of  eighteen  years  or   twenty-five years as the case may be, and for the support of each parent    or  grandparent  of  the deceased, if dependent upon the deceased at the   time of the injury, four hundred  dollars  for  each  week  during  such   dependency, but in no case shall the aggregate amount payable under this   subdivision exceed six hundred sixty-five dollars per week.11. In the case of a death of a volunteer ambulance worker on or after   July  first,  nineteen  hundred ninety and prior to July first, nineteen   hundred ninety-one, that results from services performed in the line  of   duty,  if  there  be  a  surviving  spouse and no surviving child of the   deceased under the age of eighteen or under the age of twenty-five years   who is enrolled as a full time student  in  any  accredited  educational   institution  and  no  surviving  child  of  any  age  dependent blind or   physically disabled, to such spouse seven hundred fifty-four dollars for   each week until remarried and upon  such  remarriage  the  lump  sum  of   seventy-eight thousand three hundred sixty-four dollars.12. In the case of a death of a volunteer ambulance worker on or after   July  first,  nineteen  hundred ninety and prior to July first, nineteen   hundred ninety-one, that results from services performed in the line  of   duty,  if  there be a surviving spouse and a surviving child or children   of the deceased under the age of eighteen years  or  under  the  age  of   twenty-five  years  who  is  enrolled  as  a  full  time  student in any   accredited educational institution or a surviving child or  children  of   any  age  dependent  blind  or  physically disabled, to such spouse four   hundred  fifteen  dollars  for  each  week  until  remarried,  and   the   additional amount of three hundred thirty-nine dollars for each week for   such child or children, share and share alike, until the age of eighteen   years  or  under  the age of twenty-five years who is enrolled as a full   time student in any accredited  educational  institution  or  until  the   removal  of  the dependency of the blind or physically disabled child or   children. In the case  of  the  death  of  such  surviving  spouse,  the   surviving  child  or  children  of the deceased ambulance worker, at the   time under eighteen years of age or under the age of  twenty-five  years   who  is  enrolled  as  a full time student in any accredited educational   institution or dependent through mental  or  physical  infirmity,  shall   have  his  or her benefit increased to seven hundred fifty-four dollars,   for each week, share and share alike, and  the  same  shall  be  payable   until  he  or  she  or  they  shall  reach  the age of eighteen years or   twenty-five years as the case may be, or until such dependent  blind  or   physically   disabled  condition  shall  have  been  removed.  Upon  the   remarriage of such surviving spouse prior to the  statutory  termination   of  benefit to all such children, such spouse shall be paid the lump sum   of forty-three thousand  six  dollars  and  the  surviving  child  shall   continue  to  receive  weekly  payments  of  three  hundred  thirty-nine   dollars; if there be two surviving  children,  each  shall  receive  two   hundred  eighty-three  dollars  per  week; and if there be more than two   surviving children, they shall receive seven hundred fifty-four  dollars   per  week, share and share alike; and the same shall be payable until he   or she or they shall reach the age  of  eighteen  years  or  twenty-five   years,  as  the case may be, or until such dependent blind or physically   disabled condition shall have been removed. Upon  statutory  termination   of  payments  to all such children, the payments to the surviving spouse   shall be increased to seven hundred fifty-four  dollars  for  each  week   until  such  spouse remarries and upon such remarriage such spouse shall   be paid the lump sum of seventy-eight thousand three hundred  sixty-four   dollars.  In no event shall the total amount payable for each week under   this subdivision exceed seven hundred fifty-four dollars.13. In the case of a death of a volunteer ambulance worker on or after   July first, nineteen hundred ninety and prior to  July  first,  nineteen   hundred  ninety-one, that results from services performed in the line of    duty, if there be surviving a child or children of  the  deceased  under   the  age  of eighteen years or under the age of twenty-five years who is   enrolled  as  a  full  time  student  in  any   accredited   educational   institution  or  a  dependent  child  or  physically  disabled  child or   children of any age, but no surviving spouse, for support of such  child   or  children until the age of eighteen years or twenty-five years as the   case may be, or until  removal  of  the  dependency  of  such  blind  or   physically  disabled child or children, seven hundred fifty-four dollars   share and share alike, for each week; provided  that  the  total  amount   payable  for  each  week  under  this subdivision shall not exceed seven   hundred fifty-four dollars per week.14. In the case of a death of a volunteer ambulance worker on or after   July first, nineteen hundred ninety and prior to  July  first,  nineteen   hundred  ninety-one, that results from services performed in the line of   duty, if there be no surviving spouse or child of the deceased under the   age of eighteen years or under the  age  of  twenty-five  years  who  is   enrolled   as   a  full  time  student  in  any  accredited  educational   institution, or dependent blind or  physically  disabled  child  of  the   deceased  of  any age, then for the support of grandchildren or brothers   and sisters under the  age  of  eighteen  years  or  under  the  age  of   twenty-five  years  who  is  enrolled  as  a  full  time  student in any   accredited educational institution if dependent upon the deceased at the   time of the injury, two hundred eighty-three dollars for each  week  for   the  support  of  each  such  person  until the age of eighteen years or   twenty-five years as the case may be, and for the support of each parent   or grandparent of the deceased if dependent upon  the  deceased  at  the   time  of the injury, four hundred fifty-two dollars for each week during   such dependency but in no case shall the aggregate amount payable  under   this subdivision exceed seven hundred fifty-four dollars per week.15. In the case of a death of a volunteer ambulance worker on or after   July  first,  nineteen  hundred  ninety-one  and  prior  to  July first,   nineteen hundred ninety-two that results from services performed in  the   line  of  duty, if there be a surviving spouse and no surviving child of   the deceased under the age of eighteen or under the age  of  twenty-five   years  who  is  enrolled  as  a  full  time  student  in  any accredited   educational institution and no surviving  child  of  any  age  dependent   blind  or  physically disabled, to such spouse seven hundred seventy-six   dollars for each week until remarried and upon such remarriage the  lump   sum of eighty thousand six hundred ninety-two dollars.16. In the case of a death of a volunteer ambulance worker on or after   July  first,  nineteen  hundred  ninety-one  and  prior  to  July first,   nineteen hundred ninety-two, that results from services performed in the   line of duty, if there be a surviving spouse and a  surviving  child  or   children  of  the  deceased under the age of eighteen years or under the   age of twenty-five years who is enrolled as a full time student  in  any   accredited  educational  institution or a surviving child or children of   any age dependent blind or physically  disabled,  to  such  spouse  four   hundred  twenty-seven  dollars  for  each  week until remarried, and the   additional amount of three hundred forty-nine dollars for each week  for   such child or children, share and share alike, until the age of eighteen   years  or  under  the age of twenty-five years who is enrolled as a full   time student in any accredited  educational  institution  or  until  the   removal  of  the dependency of the blind or physically disabled child or   children. In the case  of  the  death  of  such  surviving  spouse,  the   surviving  child  or  children  of the deceased ambulance worker, at the   time under eighteen years of age or under the age of  twenty-five  years   who  is  enrolled  as  a full time student in any accredited educational   institution or dependent through mental  or  physical  infirmity,  shall    have  his or her benefit increased to seven hundred seventy-six dollars,   for each week, share and share alike, and  the  same  shall  be  payable   until  he  or  she  or  they  shall  reach  the age of eighteen years or   twenty-five  years  as the case may be, or until such dependent blind or   physically  disabled  condition  shall  have  been  removed.  Upon   the   remarriage  of  such surviving spouse prior to the statutory termination   of benefit to all such children, such spouse shall be paid the lump  sum   of  forty-four  thousand  three hundred eighty dollars and the surviving   child shall  continue  to  receive  weekly  payments  of  three  hundred   forty-nine  dollars;  if  there  be  two  surviving children, each shall   receive two hundred ninety-one dollars per week; and if  there  be  more   than   two   surviving   children,  they  shall  receive  seven  hundred   seventy-six dollars per week, share and share alike; and the same  shall   be payable until he or she or they shall reach the age of eighteen years   or  twenty-five years, as the case may be, or until such dependent blind   or physically disabled condition shall have been removed. Upon statutory   termination of payments to  all  such  children,  the  payments  to  the   surviving spouse shall be increased to seven hundred seventy-six dollars   for  each week until such spouse remarries and upon such remarriage such   spouse shall be paid  the  lump  sum  of  eighty  thousand  six  hundred   ninety-two  dollars. In no event shall the total amount payable for each   week under this subdivision exceed seven hundred seventy-six dollars.17. In the case of a death of a volunteer ambulance worker on or after   July first,  nineteen  hundred  ninety-one  and  prior  to  July  first,   nineteen hundred ninety-two, that results from services performed in the   line  of duty, if there be surviving a child or children of the deceased   under the age of eighteen years or under the age  of  twenty-five  years   who  is  enrolled  as  a full time student in any accredited educational   institution or  a  dependent  child  or  physically  disabled  child  or   children  of any age, but no surviving spouse, for support of such child   or children until the age of eighteen years or twenty-five years as  the   case  may  be,  or  until  removal  of  the  dependency of such blind or   physically disabled child or children, seven hundred seventy-six dollars   share and share alike, for each week; provided  that  the  total  amount   payable  for  each  week  under  this subdivision shall not exceed seven   hundred seventy-six dollars per week.18. In the case of a death of a volunteer ambulance worker on or after   July first,  nineteen  hundred  ninety-one  and  prior  to  July  first,   nineteen hundred ninety-two, that results from services performed in the   line  of  duty, if there be no surviving spouse or child of the deceased   under the age of eighteen years or under the age  of  twenty-five  years   who  is  enrolled  as  a full time student in any accredited educational   institution, or dependent blind or  physically  disabled  child  of  the   deceased  of  any age, then for the support of grandchildren or brothers   and sisters under the  age  of  eighteen  years  or  under  the  age  of   twenty-five  years  who  is  enrolled  as  a  full  time  student in any   accredited educational institution if dependent upon the deceased at the   time of the injury, two hundred ninety-one dollars for each week for the   support of  each  such  person  until  the  age  of  eighteen  years  or   twenty-five years as the case may be, and for the support of each parent   or  grandparent  of  the  deceased if dependent upon the deceased at the   time of the injury, four hundred sixty-six dollars for each week  during   such  dependency but in no case shall the aggregate amount payable under   this subdivision exceed seven hundred seventy-six dollars per week.19. In the case of a death of a volunteer ambulance worker on or after   July first, nineteen hundred  ninety-two,  that  results  from  services   performed  in  the  line  of duty, if there be a surviving spouse and no   surviving child of the deceased under the age of eighteen or  under  the    age  of  twenty-five years who is enrolled as a full time student in any   accredited educational institution and no surviving  child  of  any  age   dependent  blind  or  physically  disabled, to such spouse eight hundred   eighty-seven  dollars  for  each  week  until  remarried  and  upon such   remarriage the lump sum of  ninety-two  thousand  two  hundred  nineteen   dollars.20. In the case of a death of a volunteer ambulance worker on or after   July  first,  nineteen  hundred  ninety-two,  that results from services   performed in the line of duty, if there be  a  surviving  spouse  and  a   surviving  child  or  children of the deceased under the age of eighteen   years or under the age of twenty-five years who is enrolled  as  a  full   time  student  in  any accredited educational institution or a surviving   child or children of any age dependent blind or physically disabled,  to   such  spouse  four  hundred  eighty-eight  dollars  for  each week until   remarried, and the additional amount of four hundred  dollars  for  each   week for such child or children, share and share alike, until the age of   eighteen  years or under the age of twenty-five years who is enrolled as   a full time student in any accredited educational institution  or  until   the  removal of the dependency of the blind or physically disabled child   or children. In the case of the death  of  such  surviving  spouse,  the   surviving  child  or  children  of the deceased ambulance worker, at the   time under eighteen years of age or under the age of  twenty-five  years   who  is  enrolled  as  a full time student in any accredited educational   institution or dependent through mental  or  physical  infirmity,  shall   have his or her benefit increased to eight hundred eighty-seven dollars,   for  each  week,  share  and  share alike, and the same shall be payable   until he or she or they  shall  reach  the  age  of  eighteen  years  or   twenty-five  years  as the case may be, or until such dependent blind or   physically  disabled  condition  shall  have  been  removed.  Upon   the   remarriage  of  such surviving spouse prior to the statutory termination   of benefit to all such children, such spouse shall be paid the lump  sum   of  fifty  thousand seven hundred twenty dollars and the surviving child   shall continue to receive weekly payments of four  hundred  dollars;  if   there  be  two  surviving  children,  each  shall  receive three hundred   thirty-three dollars per week; and if there be more than  two  surviving   children,  they  shall  receive  eight  hundred eighty-seven dollars per   week, share and share alike; and the same shall be payable until  he  or   she  or they shall reach the age of eighteen years or twenty-five years,   as the case may be, or until such dependent blind or physically disabled   condition  shall  have  been  removed.  Upon  statutory  termination  of   payments  to  all  such  children,  the payments to the surviving spouse   shall be increased to eight hundred eighty-seven dollars for  each  week   until  such  spouse remarries and upon such remarriage such spouse shall   be paid the  lump  sum  of  ninety-two  thousand  two  hundred  nineteen   dollars.  In no event shall the total amount payable for each week under   this subdivision exceed eight hundred eighty-seven dollars.21. In the case of a death of a volunteer ambulance worker on or after   July first, nineteen hundred  ninety-two,  that  results  from  services   performed in the line of duty, if there be surviving a child or children   of  the  deceased  under  the  age of eighteen years or under the age of   twenty-five years who  is  enrolled  as  a  full  time  student  in  any   accredited  educational  institution  or a dependent child or physically   disabled child or children of any age,  but  no  surviving  spouse,  for   support  of  such  child  or children until the age of eighteen years or   twenty-five years as the case may be, or until removal of the dependency   of such blind or physically disabled child or  children,  eight  hundred   eighty-seven dollars share and share alike, for each week; provided that    the  total amount payable for each week under this subdivision shall not   exceed eight hundred eighty-seven dollars per week.22. In the case of a death of a volunteer ambulance worker on or after   July  first,  nineteen  hundred  ninety-two,  that results from services   performed in the line of duty, if there be no surviving spouse or  child   of  the  deceased  under  the  age of eighteen years or under the age of   twenty-five years who  is  enrolled  as  a  full  time  student  in  any   accredited  educational  institution,  or  dependent blind or physically   disabled child of the deceased of any  age,  then  for  the  support  of   grandchildren or brothers and sisters under the age of eighteen years or   under  the  age  of  twenty-five  years  who  is enrolled as a full time   student in any accredited educational institution if dependent upon  the   deceased  at  the time of the injury, three hundred thirty-three dollars   for each week for the support of each  such  person  until  the  age  of   eighteen  years  or  twenty-five  years  as the case may be, and for the   support of each parent or grandparent of the deceased if dependent  upon   the  deceased at the time of the injury, five hundred thirty-two dollars   for each week during such dependency but in no case shall the  aggregate   amount  payable under this subdivision exceed eight hundred eighty-seven   dollars per week.