NY Gen Mun L § 205-CC (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 205-CC - Volunteer Firefighter Enhanced Cancer Disability Benefits.

§ 205-cc. Volunteer firefighter enhanced cancer disability benefits. A legally organized fire district, department or company shall provide and maintain  for  each  eligible  volunteer firefighter, an enhanced cancer disability benefit insurance program.   1. Definitions. As used in this section:   a. "Eligible volunteer firefighter" means:   * (i) A volunteer firefighter having five or more  years  of  faithful and  actual  service in the protection of life and property from fire in the interior of buildings subsequent to  having  successfully  passed  a physical  examination  which failed to reveal any evidence of cancers as defined in paragraph b of this subdivision; and   * NB Effective until December 23, 2029   * (i) A volunteer firefighter having five or more  years  of  faithful and  actual  service in the protection of life and property from fire in the interior of buildings and  having  successfully  passed  a  physical examination  on  entry  to  the  firefighter  service, which examination failed to reveal any evidence of cancers as defined in  paragraph  b  of this subdivision; and   * NB Effective December 23, 2029   * (ii)  Having  submitted proof of five years of interior firefighting service by providing verification that he or she  has  passed  at  least five yearly certified mask fitting tests as set forth in 29 CFR 1910.134 or  the  applicable  National  Fire Protection Association standards for mask fit testing or, for firefighters who entered the fire service prior to January first, two thousand twenty, documentation identified  by  the office   of  fire  prevention  and  control  in  rules  and  regulations promulgated pursuant to subdivision seven of this  section  which  shall include,  but  not  be  limited  to,  training or certification records, health care provider records, internal fire department records,  or  any combination  of  official  documents  capable  of  evidencing  that  the firefighter meets the requirements of this section.   * NB Effective until December 23, 2029   * (ii) Having submitted proof of five years of  interior  firefighting service  by  providing  verification  that he or she has passed at least five yearly certified mask fitting tests as set forth in 29 CFR 1910.134 or the current National Fire Protection Association standards  for  mask fit testing.   * NB Effective December 23, 2029   b. "Cancer" means:  (i)  A disease caused by an uncontrolled division of abnormal cells in a part of the body or a malignant growth or  tumor  resulting  from  the division of abnormal cells; and  (ii)  Affecting  the  prostate  or  breast,  lymphatic,  hematological digestive, urinary, neurological, or reproductive systems, or melanoma.   2. An eligible volunteer firefighter shall be entitled to  payment  of enhanced cancer benefits as follows:   a.  A  lump  sum  benefit  of  twenty-five  thousand  dollars for each diagnosis payable to such  firefighter  upon  acceptable  proof  to  the insurance  carrier  or  other  payor of a diagnosis by a board certified physician in the medical specialty appropriate for the  type  of  cancer diagnosed  that  there are one or more malignant tumors characterized by the uncontrollable and abnormal growth and  spread  of  malignant  cells with invasion of normal tissue and that either:  (i) There is metastasis; and  (1) surgery, radiotherapy, or chemotherapy is medically necessary; or  (2) there is a tumor of the prostate, provided that it is treated with radical prostatectomy or external beam therapy; or  (ii)  The  firefighter has terminal cancer, his or her life expectancy is twenty-four months or less from the date of diagnosis, and  will  not benefit from, or has exhausted, curative therapy.   b.  A  lump  sum benefit of six thousand two hundred fifty dollars for each diagnosis payable to such firefighter upon acceptable proof to  the insurance  carrier  or  other  payor of a diagnosis by a board certified physician in the medical specialty appropriate for the  type  of  cancer involved that either:  (i)  There  is  carcinoma  in situ such that surgery, radiotherapy, or chemotherapy has been determined to be medically necessary;  (ii) There are  malignant  tumors  which  are  treated  by  endoscopic procedures alone; or  (iii) There are malignant melanomas.   c.  A  monthly  benefit of one thousand five hundred dollars, of which the first payment shall be made six months after  total  disability  and submission  of  acceptable  proof  of  said  disability to the insurance carrier or other payor that such disability is caused by cancer and that such cancer precludes the firefighter from  serving  as  a  firefighter. Such  benefit  shall  continue  for up to thirty-six consecutive monthly payments.  (i) Such monthly benefit shall be subordinate  to  any  other  benefit actually  paid  to  the  firefighter solely for such disability from any other source, not including private insurance purchased  solely  by  the firefighter,  and  shall be limited to the difference between the amount of such other paid benefit and the amount specified herein; and  (ii) Any firefighter receiving such monthly benefits may  be  required to  have  his  or  her  condition  reevaluated.  In  the  event any such reevaluation reveals that  such  person  has  regained  the  ability  to perform  duties as a firefighter, then his or her monthly benefits shall cease the last day of the month of reevaluation.  (iii) In the event that  there  is  a  subsequent  reoccurrence  of  a disability caused by cancer which precludes the firefighter from serving as  a  firefighter, he or she shall be entitled to receive any remaining monthly payments.   d. An eligible volunteer firefighter shall  also  be  entitled  to  an additional  payment  of  enhanced cancer death benefits in the amount of fifty thousand dollars which is payable to such volunteer or his or  her beneficiary  upon  acceptable  proof by a board certified physician that such firefighter's death resulted  from  complications  associated  with cancer.   e.  Provided  however,  an  eligible  volunteer  firefighter  shall be ineligible  for  these  benefits  if  they  are  already  provided  paid firefighter benefits under this article.   3.  The  combined  total  of  all  benefits  received  by any eligible volunteer firefighter pursuant to paragraphs a and b of subdivision  two of  this  section  during  his  or  her  lifetime shall not exceed fifty thousand dollars.   4.  An  eligible  volunteer  firefighter  shall  remain  eligible  for benefits  pursuant  to  paragraphs a, b and d of subdivision two of this section for sixty months after the formal  cessation  of  the  volunteer firefighter's  status  as  an  active  volunteer  firefighter.  The fire district, department or company in which such firefighter  served  shall be  responsible  for  payment  of all premiums or other costs associated with benefits provided under paragraphs a, b and d of subdivision two of this  section  throughout  the  duration  of  the   eligible   volunteer firefighter's coverage.   5. A fire district, department or company shall, no later than January first,  two  thousand  nineteen,  show  proof of insurance coverage that  meets the requirements of this section or shall show satisfactory  proof of  the ability to pay such compensation to ensure adequate coverage for all eligible volunteer  firefighters.  Such  coverage  shall  remain  in effect until sixty months after the fire district, department or company no  longer  has  any  volunteer  firefighters who could qualify for this benefit.   6. Any fire district, department or company that has had  a  volunteer firefighter  file  a  claim for or receive an enhanced cancer disability benefit under the provisions of this section shall  report  such  claims filed,  claims paid and types of claims to the office of fire prevention and control. Beginning on January first, two thousand twenty, the office of fire and prevention control shall report annually  to  the  governor, the  temporary president of the senate, the speaker of the assembly, the chair of the senate finance committee and the chair of the assembly ways and means committee the number of firefighters  who  have  filed  claims pursuant  to  this  section  and  the  number  of  firefighters who have received benefits under the provisions of this section.   * 7. The office of fire prevention and control, in  consultation  with the  department  of  financial  services  and  the workers' compensation board, shall adopt such rules and  regulations  as  are  reasonable  and necessary  to implement the provisions of this section. Such regulations shall  include  establishing  acceptable  documentation  for  proof   of eligibility,  the  process  by which a firefighter files a claim for the enhanced cancer disability benefit, how the beneficiary of such eligible volunteer firefighter files  a  claim  for  the  enhanced  cancer  death benefit,  the process by which claimants can appeal a denial of benefits and what proof is deemed acceptable to qualify for such benefits.   * NB Effective until December 23, 2029   * 7. The office of fire prevention and control, in  consultation  with the  department  of  financial  services  and  the workers' compensation board, shall adopt such rules and  regulations  as  are  reasonable  and necessary  to implement the provisions of this section. Such regulations shall include the process by which a firefighter files a claim  for  the enhanced cancer disability benefit, how the beneficiary of such eligible volunteer  firefighter  files  a  claim  for  the  enhanced cancer death benefit, the process by which claimants can appeal a denial of  benefits and what proof is deemed acceptable to qualify for such benefits.   * NB Effective December 23, 2029