NY Gen Mun L § 205 (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 205 - Payments to Injured or Representatives of Deceased Volunteer Firefighters.

§  205.  Payments  to injured or representatives of deceased volunteer   firefighters. 1. If an active member of a volunteer fire company in  any   city,  incorporated village or in any fire district of a town outside of   an incorporated village or  in  any  part  of  a  town  protected  by  a   volunteer   fire  company  incorporated  under  the  provisions  of  the   membership corporations  law,  or  if  an  active  member  of  any  duly   organized  volunteer  fire company, dies from injuries incurred while in   the performance of his or her duties as such firefighter or as a  member   of  a  fire  department emergency relief squad, a fire police squad or a   fire patrol within one year thereafter, the city, village, fire district   or town which is responsible as provided in  subdivision  four  of  this   section shall pay as follows:a.  If  such  volunteer  firefighter  is  a member of a volunteer fire   company located in any city in which a pension fund is  maintained,  the   relatives  of  such volunteer firefighter shall be entitled to a pension   in the same manner and at the same rates as if he or she were  a  member   of the paid fire department of such city.b.  If  in  any other place the sum of three thousand dollars shall be   paid to the widow or widower of such deceased volunteer  firefighter  or   to  the  executor  or administrator of his or her estate if he or she is   not survived by a widow or widower. In addition there shall be  paid  to   the  widow  or  widower of such volunteer firefighter for the benefit of   such child or children the sum of twenty-five dollars a month  for  each   surviving   child,  including  a  posthumous  child,  of  such  deceased   firefighter under the age of eighteen years, but not more than  a  total   of  fifty  dollars  a month for all such children, or if the decedent be   not survived by a widow or widower, or if he  or  she  dies  before  the   payments cease, then such payments for a child or children shall be made   to  their  guardian  or to relatives with whom they are living for their   benefit.2.  Any  such  volunteer  firefighter  who  shall  become  permanently   incapacitated  for performing the full duties of a volunteer firefighter   by  reason  of  disease  or  disability  caused  or  induced  by  actual   performance  of  the  duties  of  his  or her position, without fault or   misconduct on his or her part, shalla. If a member of a volunteer fire company  located  in  any  city  in   which a pension fund is maintained, be paid a pension in the same manner   and  at  the  same  rate  as if he or she were a member of the paid fire   department of such city.b. If a member of a volunteer fire company in any other place, be paid   one-half the amount which would have been payable in case  of  death  to   his or her executor or administrator under the provisions of subdivision   one of this section;Provided,  however,  that  if  such volunteer firefighter shall at the   expiration of the disability payments provided for in subdivision  three   of this section be totally incapacitated to engage in any occupation for   remuneration  or  profit  by  reason  of disease or disability caused by   actual performance of the duties of his or her position,  without  fault   or  misconduct  on  his  or her part, he or she shall be paid the sum of   fifteen dollars per week during the period thereafter  that  such  total   incapacity  shall  continue and, in addition thereto, during such period   there shall be paid to him or her for the benefit of his or her child or   children the sum of twelve dollars fifty cents a month  for  each  child   under  the  age  of  eighteen  years,  but  not  more  than  a  total of   twenty-five dollars a month for all such children,  but  no  payment  on   account  of  a child shall continue after such child shall have attained   the age of  eighteen  years.  In  the  event  payments  to  a  volunteer   firefighter  and  his or her children on account of total incapacity, as    heretofore in this subdivision provided, shall not have amounted to  the   sum  to which he or she would otherwise have been entitled on account of   permanent incapacity for performing  the  full  duties  of  a  volunteer   firefighter  and  he  or  she  shall  be found to have recovered to such   extent that he or she is no longer totally incapacitated  but  is  still   permanently  incapacitated for performing the full duties of a volunteer   firefighter, there shall be paid to him or her  the  difference  between   the  payments  already made to him or her for his or her own account and   for the account of his or her children and the amount to which he or she   would be  entitled  under  this  subdivision  on  account  of  permanent   incapacity  for  performing  the full duties of a volunteer firefighter.   The authorities having jurisdiction to audit the claim of any  volunteer   firefighter  claiming  total  disability benefits under this subdivision   shall have the right to cause such injured volunteer firefighter  to  be   examined  from  time  to  time  at reasonable intervals by the municipal   health authorities or any physician appointed by them for  that  purpose   to determine whether total disability continues and, in case a volunteer   firefighter  receiving  total disability benefits hereunder shall refuse   to permit any such examination to be made,  such  authorities  shall  be   authorized  to  discontinue  the payment of benefits to him or her until   such examination is allowed.3. Any such volunteer firefighter who  shall  receive  injuries  while   performing  his  or  her  duties as such, while in the fire house, while   going  to  or  returning  from  a  fire  by   any   means   of   travel,   transportation,  or conveyance whatever, or while working at the fire or   answering a call or fire alarm or while officially engaged in testing or   inspecting the apparatus, or equipment, or while engaged as a member  of   a  fire  department,  or  fire  company,  emergency relief squad or fire   police squad, or fire patrol or while attending a fire school, or  while   instructing  or  being  instructed in fire duties or while attending any   drill or parade or inspection in which his or her company or  department   is  engaged,  or  while  engaged  in  emergency work not related to fire   extinguishment or prevention or going to  or  returning  therefrom  when   duly  authorized to participate therein, so as to necessitate medical or   other lawful remedial treatment or prevent him or her from following his   or her usual vocation on account thereof, shall be reimbursed  for  such   sums  as  are  actually and necessarily paid for medical or other lawful   remedial treatment, not exceeding five hundred dollars. He or she  shall   also  be compensated for the time he or she was actually and necessarily   prevented from following his or her vocation or for the time of  his  or   her  disability  on  account of such injuries, at the rate of thirty-six   dollars per week not to exceed one thousand eight hundred dollars.Notice of an injury or death for which benefits are payable under this   section shall be given to the municipal  corporation  or  fire  district   responsible  for  the payment thereof within thirty days after receiving   such injury, and also in case of the death of the volunteer  firefighter   resulting  from  such  injury  within thirty days after such death. Such   notice may be given by any  person  claiming  to  be  entitled  to  such   benefits  or  by  someone  in  his or her behalf. The notice shall be in   writing,  shall  contain  the  name  and  address   of   the   volunteer   firefighter,  and state in ordinary language the time, place, nature and   cause of the injury and shall be signed by him or her or by a person  on   his or her behalf or, in case of death, by any one or more of his or her   dependents, or by a person on their behalf. The notice shall be given to   the comptroller or chief financial officer of the city, the clerk of the   village,  the  secretary  of the fire district, or the town clerk of the   town, as the case may be,  by  delivering  it  to  such  officer  or  by   registered  letter  properly  addressed  to such officer. The failure to    give notice of injury or notice of death shall be a  bar  to  any  claim   under  this  section.  Failure  to  give  notice of such injury or death   within such thirty day period may be excused by  the  county  judge  who   would  have  jurisdiction  of  a  controversy  under  this section, upon   petition and notice in the manner provided in subdivision five  of  this   section,  either  upon  the  ground  that for some sufficient reason the   notice had not been given, or that any member of a body in charge of, or   any officer of the fire department or fire company had knowledge  within   such  thirty day period, of the injuries or death, or that the municipal   corporation or fire district has not  been  prejudiced  by  a  delay  in   giving such notice.Any such volunteer firefighter who shall receive injuries as aforesaid   shall,  when  certified  by  the chief or other executive officer of the   fire department or by the appropriate administrative officers under whom   he or she serves, be received by any public,  private,  or  semi-private   hospital  for  care  and  treatment  at  the  usual ward or semi-private   patient rates, including charges at the prevailing ward or  semi-private   patient   rates   for   necessary   nursing,   laboratory  tests,  x-ray   examinations and physical therapy, or, in case any such hospital  has  a   contract  with  the  municipality  served by such volunteer firefighter,   then at the rates specified in such contract.Within two years after receiving  the  injury,  or  if  death  results   therefrom  within  two  years after such death, a claim for the benefits   under this section shall be filed with the same officer to whom a notice   of an injury must  be  given,  as  aforesaid.  The  claim  shall  be  in   substantially  the  same  form  and  shall  give  substantially the same   information as is required to be given in a claim under  the  provisions   of    section   twenty-eight   of   the   workers'   compensation   law.   Notwithstanding the provisions of any other law, any such claim need not   be sworn to, verified or acknowledged.Payments of weekly benefits under this section shall  commence  within   fifteen  days  after the filing of such claim, and payments of lump sum,   and monthly,  death  benefits  under  this  section  shall  be  made  or   commenced  within  thirty  days  after  such  filing.  In the event of a   failure to make such payments within any such period or to continue  the   same  for the time required therefor, a controversy shall be presumed to   have arisen and a proceeding may thereupon  be  instituted  pursuant  to   subdivision five of this section to compel such payment.4. In cities any benefit under this section shall be a city charge and   any claim therefor shall be audited and paid in the same manner as other   city  charges,  except  that  no  part  of the moneys payable under this   section shall be paid from the pension funds  of  the  said  departments   therein.  In villages any such benefit shall be a village charge and any   claim therefor shall be audited and paid in the  same  manner  as  other   village  charges,  and  shall  be  assessed  upon the property liable to   taxation in said village, and levied and collected in the same manner as   village taxes. In fire districts  any  such  benefit  shall  be  a  fire   district  charge and any claim therefor shall be audited and paid in the   same manner as other fire district charges, and shall be  assessed  upon   the  property  in such fire districts liable to taxation, and levied and   collected in the same manner as fire district taxes. If such firefighter   was a member of a town fire company or fire department or a member of  a   fire company incorporated under the membership corporations law, located   outside of a city, village or fire district, any such benefit shall be a   town charge and any claim therefor shall be audited and paid in the same   manner as town charges and shall be assessed upon the property liable to   taxation  in the territory protected by such fire company and levied and   collected  in  the  same  manner  as  town  charges  therein.  If   such    firefighter  was a member of a fire company or fire department operating   in, or maintained jointly by two or more villages, or two or more towns,   or two or more fire districts,  any  such  benefit  shall  be  a  charge   against  the village, town or fire district, in which the fire occurred.   If such injury occur while assistance is being rendered to a neighboring   city, town, village, fire district, fire protection district  (including   a  fire protection district served by the company or department of which   such firefighter is a member), fire alarm district, or territory outside   any such district upon the  call  of  such  city,  town,  village,  fire   district,  fire  protection  district, fire alarm district, or territory   outside any such district, or while going to or returning from the place   from whence such call came, or death shall result from any such  injury,   any  such benefit shall be a charge against such neighboring city, town,   village, fire district, fire protection district, fire  alarm  district,   or  territory  outside  any  such  district,  so  issuing  the  call for   assistance and after audit shall be paid and assessed upon the  property   liable  to  taxation  in  such  neighboring  city,  town,  village, fire   district, fire protection district, fire alarm  district,  or  territory   outside  any  such district, and levied and collected in the same manner   as other charges against the same are levied and collected.Any city, village, fire district or town may finance  the  payment  of   any  benefits  payable  under  the  provisions  of  this  section by the   issuance of serial bonds or capital notes pursuant to the local  finance   law  unless  it  is required by some other law to pay such benefits from   current funds.Any such city, village, fire district or the town board acting for and   on behalf of any  fire  protection  district,  fire  alarm  district  or   territory   outside  any  such  district,  may  contract  for  insurance   indemnifying against the liability imposed  by  this  section,  provided   further that such contract of insurance shall also indemnify against the   liability  imposed  by  the  workers'  compensation  law  in relation to   injuries or death  of  volunteer  firefighter,  and  the  cost  of  such   insurance  shall be paid and provided in the same manner as benefits are   required to be paid and provided in this section.If any claim under this section is one for which an insurance  company   might  be  liable, or if it is a claim for which a mutual self-insurance   plan  under  subdivision  three-a  of  section  fifty  of  the  workers'   compensation law might be liable, the officer to whom a notice of injury   is  required to be delivered or mailed and with whom a claim is required   to be filed under the provisions of this section shall send  a  copy  of   any  such  notice  or  claim  and  a  copy of any notice of a proceeding   relating to an injury or claim to such insurance company or plan, as the   case may be, promptly after receiving the same.Any money paid to an  executor  or  administrator  under  any  of  the   provisions  of  this section shall be distributed in the manner provided   by law for the distribution of personal property,  and  all  money  paid   under  this  section shall be exempt from any process for the collection   of debts either against the volunteer firefighter or any beneficiary  to   whom the same is paid under the provisions of this section.No  release  from the liability imposed by this section shall be valid   if it shall appear that  the  person  executing  such  release  has  not   received  the  full  amount  to  which  he  or she is entitled under the   provisions of this section.The words "injury" and "injuries", as used in  this  section,  include   any  disablement  of a volunteer firefighter as the direct result of the   performance of his or her duties.If for the purpose of obtaining  any  benefit  or  payment  under  the   provisions  of  this  section,  or  for  the  purpose of influencing any    determination regarding any benefit or payment under the  provisions  of   this section, either for himself or herself or for any other person, any   person  willfully  makes  a false statement or representation, he or she   shall be guilty of a misdemeanor.The provisions of this section relating to giving notice of injury and   filing  claim, and to the contents of any such notice or claim, shall be   construed liberally in order to effectuate the objects and  purposes  of   this section.5.  Any  controversy  arising at any time under the provisions of this   section shall be determined by the county judge of any county  in  which   the  city,  village,  fire district, or town, which would be responsible   for payments under this section, is located. For that purpose, any party   may present a petition to such county judge, setting forth the facts and   rights which are claimed. A copy of such petition and notice of the time   and place when the same will be presented shall be served on all persons   interested therein, at least eight days prior to such presentation.6. The provisions  of  this  section  shall  not  apply  to  volunteer   firefighters  killed  or  injured  on  or  after the first day of March,   nineteen hundred fifty-seven, or who die from the  effects  of  injuries   received on or after such date.