NY Work Comp L § 16 (2021)
2021 New York Laws WKC - Workers' Compensation Article 2 - Compensation 16 - Death Benefits.

§  16.  Death  benefits.  If the injury causes death, the compensation   shall be known as a death benefit and shall be payable in the amount and   to or for the benefit of the persons following:1. Funeral expenses. The chair shall prepare and establish a  schedule   for  the  state  or  schedules  limited to defined localities of maximum   charges and  fees  for  such  funeral  expenses,  to  be  determined  in   accordance  with,  and  to  be  subject  to  change  pursuant  to, rules   promulgated by the chair. Before preparing such schedule for  the  state   or  schedules  for  limited  localities,  the  chair  shall  request the   president of the New York state funeral directors' association to submit   to the chair a report on the  amount  of  remuneration  deemed  by  such   association  to  be  fair and adequate for the types of funeral services   rendered under this chapter, but consideration shall also  be  given  to   the  views  of  other  interested  parties.  The  amounts payable by the   employer for such services shall be the actual fees and  charges  up  to   the  maximum  established  by  such schedule. Provided, however, no such   schedule of charges and fees shall apply where a firefighter  dies  from   injuries received in the line of duty as a direct result of firefighting   or  where  a  police  officer dies from injuries received in the line of   duty as a direct  result  of  law  enforcement  activities,  where  such   funeral  expenses  are  reasonable.  If such funeral expenses shall have   been paid by the claimants entitled to compensation under  this  section   or by others, the funeral expenses awarded shall be made payable to such   claimants  or  others,  otherwise  they  shall  be  made  payable to the   undertaker who shall have provided burial.  Funeral  expenses  shall  be   awarded  in  case of all injuries causing death including cases in which   there are no persons entitled to other compensation under this chapter.1-a. For the purpose of this section, (1) the term dependent blind  or   physically  disabled  as  used  herein in relation to dependent children   shall be deemed to mean totally blind or  physically  disabled  children   whose  disablement is total and permanent, (2) the term surviving spouse   shall be deemed to mean the legal spouse but shall not include a  spouse   who  has  abandoned  the  deceased,  and (3) the term abandoned shall be   deemed to mean such an abandonment as would be sufficient under  section   two  hundred  of  the  domestic  relations  law to sustain a judgment of   separation on that ground.1-b. If there be a surviving spouse and no child of the deceased under   the age of eighteen years and no child of any  age  dependent  blind  or   physically  disabled,  and  the  death  occurs  on  or after July first,   nineteen hundred forty-eight,  and  prior  to  January  first,  nineteen   hundred  seventy-eight,  to  such spouse forty per centum of the average   wages of the deceased during widowhood or widowerhood  with  two  years'   compensation  in  one sum, upon remarriage; and where the death occurred   prior to July first, nineteen hundred  forty-eight,  to  such  wife  (or   dependent  husband) thirty per centum of such wages during widowhood (or   dependent widowerhood) with two years' compensation  in  one  sum,  upon   remarriage.1-c. If there be a surviving spouse and no child of the deceased under   the  age  of  eighteen  years  or under the age of twenty-three years if   enrolled  and  attending  as  a  full  time  student  in  an  accredited   educational  institution and such enrollment and full time attendance is   certified by such institution and no child of any age dependent blind or   physically disabled, and the death occurs on  or  after  January  first,   nineteen  hundred seventy-eight, to such spouse sixty-six and two-thirds   per centum of the average wages of  the  deceased  during  widowhood  or   widowerhood  with  two years' compensation, in one sum, upon remarriage.   Where the death occurs on  or  after  January  first,  nineteen  hundred   seventy-eight,  and  the  spouse  is  receiving  the survivors insurance    benefits under the social security act, the death benefit payable  under   this section shall be reduced in accordance with the provisions of table   No.  1  below by five per centum of the spouse's share of the survivor's   insurance benefits under the social security act for each ten dollars of   deceased's average weekly wage in excess of one hundred dollars provided   that  in  no  case  shall such reduction exceed fifty per centum of said   spouse's share of the survivors  insurance  benefits  under  the  social   security act.TABLE No. I Offset provisions applicable in death benefitswhere there is a sole surviving spouse    AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'SSHARE OF SURVIVORSINSURANCE BENEFITS    over $100 up to and including $110 ................................... 5   over $110 up to and including $120 .................................. 10   over $120 up to and including $130 .................................. 15   over $130 up to and including $140 .................................. 20   over $140 up to and including $150 .................................. 25   over $150 up to and including $160 .................................. 30   over $160 up to and including $170 .................................. 35   over $170 up to and including $180 .................................. 40   over $180 up to and including $190 .................................. 45   over $190 up to and including $200 .................................. 50   over $200 ........................................................... 501-d.  If  there  be  a  surviving  spouse  of an employee of a private   voluntary hospital killed in a World Trade Center rescue, who  passed  a   physical  examination  upon employment as a rescue worker that failed to   reveal evidence of a condition that was the proximate  cause  of  death,   and  no  child of the deceased under the age of eighteen years, or under   the age of twenty-three years if enrolled and attending as  a  full-time   student in an accredited educational institution and such enrollment and   full-time  attendance  is certified by such institution, and no child of   any  age  dependent  blind  or  physically  disabled,  to  such   spouse   seventy-five  per  centum  of  the  average wages of the deceased during   widowhood or widowerhood, with two years' compensation, in one sum, upon   remarriage. Where such death occurs, and the  spouse  is  receiving  the   survivors  insurance  benefits  under the social security act, the death   benefit payable under this section shall be reduced in  accordance  with   the  provisions  of  table No. I in subdivision one-c of this section by   five per centum of  the  spouse's  share  of  the  survivor's  insurance   benefits  under  the  social  security  act  for  each  ten  dollars  of   deceased's average  weekly  wage  in  excess  of  one  hundred  dollars;   provided that in no case shall such reduction exceed fifty per centum of   such spouse's share of the survivors insurance benefits under the social   security act.2. If there be a surviving spouse and a surviving child or children of   the  deceased  under  the  age of eighteen years or a surviving child or   children of any age dependent blind  or  physically  disabled,  and  the   death  occurs  on or after July first, nineteen hundred forty-eight, and   prior to January first, nineteen hundred seventy-eight, to  such  spouse   thirty  per centum of the average wages of the deceased during widowhood   or widowerhood with two years' compensation in one sum, upon remarriage;   and the additional amount of twenty per centum of such  wages  for  each   such  child  until the age of eighteen years or until the removal of the    dependency of the blind or physically disabled  child  or  children;  in   case  of the subsequent death or remarriage of such surviving spouse any   surviving child of the deceased employee, at  the  time  under  eighteen   years  of  age  or dependent through mental or physical infirmity, shall   have his compensation increased to thirty per centum of such wages,  and   the same shall be payable until he shall reach the age of eighteen years   or  until  such  dependent  blind or physically disabled condition shall   have been removed; provided that the total amount payable  shall  in  no   case  exceed  sixty-six  and  two-thirds  per centum of such wages. Upon   statutory termination of compensation payments to all such children, the   compensation of the surviving spouse shall be  increased  to  forty  per   centum  of such wages with two years' compensation, at such rate, in one   sum, upon remarriage.If there be a surviving wife (or dependent husband)  and  any  of  the   aforementioned  surviving children, and the death occurred prior to July   first, nineteen hundred forty-eight, to such wife (or dependent husband)   thirty per centum of the average wages of the deceased during  widowhood   (or dependent widowerhood) with two years' compensation in one sum, upon   remarriage;  and  the  additional amount of ten per centum of such wages   for each such child until eighteen years of age or until the removal  of   the dependency of the blind or physically disabled child or children; in   case  of  the  subsequent death or remarriage of such surviving wife (or   dependent husband) any surviving child of the deceased  shall  have  his   compensation  increased  to  fifteen  per  centum of such wages until he   shall reach the age of eighteen years or until such dependent  blind  or   physically disabled condition shall have been removed; provided that the   total  amount  payable  shall in no case exceed sixty-six and two-thirds   per centum of such wages.The board may in its discretion require the appointment of a  guardian   for  the  purpose  of  receiving  the compensation of a minor child or a   dependent blind or physically disabled child. In the absence of  such  a   requirement by the board the appointment of a guardian for such purposes   shall not be necessary.2-a.  If  there  be a surviving spouse and a surviving child under the   age of eighteen years or under the age of twenty-three years if enrolled   and attending as a  full  time  student  in  an  accredited  educational   institution and such enrollment and full time attendance is certified by   such  institution  or  a  surviving  child of any age dependent blind or   physically disabled and the death occurs  on  or  after  January  first,   nineteen hundred seventy-eight, to such spouse thirty-six and two-thirds   per  centum  of  the  average  wages of the deceased during widowhood or   widowerhood with two years' compensation in one  sum,  upon  remarriage;   and  thirty  per  centum  of  such  wages to such child under the age of   eighteen years or under the age of twenty-three years  if  enrolled  and   attending   as   a  full  time  student  in  an  accredited  educational   institution and such enrollment and full time attendance is certified by   such institution or a surviving child of  any  age  dependent  blind  or   physically  disabled;  in  the  case  of  the  subsequent  death of such   surviving  spouse  the  surviving  child  shall  have  his  compensation   increased  to  sixty-six and two-thirds per centum of such wages and the   same shall be payable so long as he is under the age of  eighteen  years   or  under  the  age of twenty-three years if enrolled and attending as a   full time student in an  accredited  educational  institution  and  such   enrollment  and full time attendance is certified by such institution or   a surviving child of any age dependent  blind  or  physically  disabled;   upon  statutory  termination  of compensation payable to such child, the   compensation of the surviving spouse shall be increased to sixty-six and   two-thirds per centum of such wages with  two  years'  compensation,  at    such  rate,  in  one  sum,  upon  remarriage.  Upon  remarriage  of such   surviving spouse, the surviving child shall continue to  receive  thirty   per  centum  of  such  wages. Where the death occurs on or after January   first,  nineteen  hundred  seventy-eight  and  the  spouse  is receiving   survivors insurance benefits under the social security  act,  the  death   benefit  payable  under this section shall be reduced by five per centum   of the spouse's share of the  survivors  insurance  benefits  under  the   social  security  act  for each ten dollars of deceased's average weekly   wage in excess of one hundred dollars provided that  in  no  case  shall   such  reduction  exceed  fifty  per centum of said spouse's share of the   survivors insurance benefits under the social security act as set  forth   in table No. I below. TABLE No. I Offset provisions applicable in death benefitswhere there is a surviving spouse and one child    AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'SSHARE OF SURVIVORSINSURANCE BENEFITS   over $100 up to and including $110 ................................... 5   over $110 up to and including $120 .................................. 10   over $120 up to and including $130 .................................. 15   over $130 up to and including $140 .................................. 20   over $140 up to and including $150 .................................. 25   over $150 up to and including $160 .................................. 30   over $160 up to and including $170 .................................. 35   over $170 up to and including $180 .................................. 40   over $180 up to and including $190 .................................. 45   over $190 up to and including $200 .................................. 50   over $200 ........................................................... 50If  there  be  a  surviving  spouse and two or more surviving children   under the age of eighteen years or under the age of  twenty-three  years   if  enrolled  and  attending  as  a  full  time student in an accredited   educational institution and such enrollment and full time attendance  is   certified  by  such  institution or a surviving child or children of any   age dependent blind or physically disabled and  a  death  occurs  on  or   after  January  first,  nineteen  hundred  seventy-eight, to such spouse   thirty-six and two-thirds per centum of the average wage of the deceased   during widowhood or widowerhood with two years' compensation in one  sum   upon  remarriage;  and  thirty per centum of such wages to such children   under the age of eighteen years or under the age of  twenty-three  years   if  enrolled  and  attending  as  a  full  time student in an accredited   educational institution and such enrollment and full time attendance  is   certified  by  such  institution or a surviving child or children of any   age dependent blind or physically disabled, share and  share  alike;  in   case  of  the  subsequent  death  of such surviving spouse the surviving   children shall  have  their  compensation  increased  to  sixty-six  and   two-thirds  per  centum  of  such  wages  and the aggregate sum shall be   payable, share and share alike, so long as they are  under  the  age  of   eighteen  years  or  under the age of twenty-three years if enrolled and   attending  as  a  full  time  student  in  an   accredited   educational   institution and such enrollment and full time attendance is certified by   such  institution  or a surviving child or children of any age dependent   blind or physically disabled. Upon remarriage of such surviving  spouse,   if  there  be  two surviving children each shall receive twenty-five per   centum of such wages, and if there are surviving more than two  children    under  the  age  of  eighteen  years or under the age of twenty-three if   enrolled  and  attending  as  a  full  time  student  in  an  accredited   educational  institution and such enrollment and full time attendance is   certified  by  such  institution or a surviving child or children of any   age dependent blind or physically disabled sixty-six and two-thirds  per   centum  of  such wages share and share alike. Upon statutory termination   of compensation payable  to  such  children,  the  compensation  of  the   surviving  spouse  shall  be  increased  to sixty-six and two-thirds per   centum of such wages with two years' compensation, at such rate, in  one   sum,  upon remarriage. Where the death occurs on or after January first,   nineteen hundred seventy-eight, and the spouse  is  receiving  survivors   insurance  benefits  under  the  social security act, the death benefits   payable under this section shall be reduced by five per  centum  of  the   spouse's  share  of  the  survivors  insurance benefits under the social   security act for each ten dollars of deceased's average weekly  wage  in   excess  of one hundred fifty dollars provided that in no case shall such   reduction exceed  fifty  per  centum  of  said  spouse's  share  of  the   survivors  insurance benefits under the social security act as set forth   in table No. II below. TABLE No. II Offset provisions applicable in death benefitswhere there is a surviving spouse and two or more children    AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'SSHARE OF SURVIVORSINSURANCE BENEFITS   over $150 up to and including $160 ................................... 5   over $160 up to and including $170 .................................. 10   over $170 up to and including $180 .................................. 15   over $180 up to and including $190 .................................. 20   over $190 up to and including $200 .................................. 25   over $200 up to and including $210 .................................. 30   over $210 up to and including $220 .................................. 35   over $220 up to and including $230 .................................. 40   over $230 up to and including $240 .................................. 45   over $240 up to and including $250 .................................. 50   over $250 ........................................................... 502-b. If there be a surviving  spouse  of  an  employee  of  a  private   voluntary  hospital  killed in a World Trade Center rescue, who passed a   physical examination upon employment as a rescue worker that  failed  to   reveal  evidence  of  a condition that was the proximate cause of death,   and a surviving child under the age of eighteen years, or under the  age   of  twenty-three  years if enrolled and attending as a full-time student   in  an  accredited  educational  institution  and  such  enrollment  and   full-time  attendance  is  certified by such institution, or a surviving   child of any age dependent blind or physically disabled, to such  spouse   forty  per  centum of the average wages of the deceased during widowhood   or  widowerhood,  with  two  years'  compensation  in  one   sum,   upon   remarriage; and thirty-five per centum of such wages to such child under   the  age  of  eighteen  years, or under the age of twenty-three years if   enrolled  and  attending  as  a  full-time  student  in  an   accredited   educational  institution and such enrollment and full-time attendance is   certified by such institution, or a surviving child of any age dependent   blind or physically disabled; in the case of  the  subsequent  death  of   such  surviving  spouse  the  surviving  child  shall  have  his  or her   compensation increased to seventy-five per centum of such wages and  the    same  shall be payable so long as he or she is under the age of eighteen   years, or under the age of twenty-three years if enrolled and  attending   as a full-time student in an accredited educational institution and such   enrollment and full-time attendance is certified by such institution, or   a  surviving  child  of  any age dependent blind or physically disabled;   upon statutory termination of compensation payable to  such  child,  the   compensation  of the surviving spouse shall be increased to seventy-five   per centum of such wages with two years' compensation, at such rate,  in   one  sum, upon remarriage. Upon remarriage of such surviving spouse, the   surviving child shall continue to receive thirty-five per centum of such   wages. Where such death occurs, and the spouse  is  receiving  survivors   insurance  benefits  under  the  social  security act, the death benefit   payable under this section shall be reduced by five per  centum  of  the   spouse's  share  of  the  survivors  insurance benefits under the social   security act for each ten dollars of deceased's average weekly  wage  in   excess  of  one  hundred  dollars;  provided  that in no case shall such   reduction exceed  fifty  per  centum  of  such  spouse's  share  of  the   survivors  insurance benefits under the social security act as set forth   in table No. I in subdivision one-c of  this  section.  If  there  be  a   surviving  spouse  of an employee of a private voluntary hospital killed   in a World Trade Center rescue, who passed a physical  examination  upon   employment  as  a  rescue  worker  that  failed  to reveal evidence of a   condition that was the  proximate  cause  of  death,  and  two  or  more   surviving  children under the age of eighteen years, or under the age of   twenty-three years if enrolled and attending as a full-time  student  in   an  accredited educational institution and such enrollment and full-time   attendance is certified by such institution, or  a  surviving  child  or   children  of  any age dependent blind or physically disabled and a death   occurs on or after September eleventh, two thousand one, to such  spouse   forty per centum of the average wage of the deceased during widowhood or   widowerhood with two years' compensation in one sum upon remarriage; and   thirty-five  per  centum of such wages to such children under the age of   eighteen years, or under the age of twenty-three years if  enrolled  and   attending   as   a   full-time  student  in  an  accredited  educational   institution and such enrollment and full-time attendance is certified by   such institution, or a surviving child or children of any age  dependent   blind  or  physically  disabled,  share  and share alike; in case of the   subsequent death of such surviving spouse the surviving  children  shall   have  their  compensation  increased  to seventy-five per centum of such   wages and the aggregate sum shall be payable, share and share alike,  so   long  as  they  are under the age of eighteen years, or under the age of   twenty-three years if enrolled and attending as a full-time  student  in   an  accredited educational institution and such enrollment and full-time   attendance is certified by such institution, or  a  surviving  child  or   children  of  any  age  dependent  blind  or  physically  disabled. Upon   remarriage of such surviving spouse, if there be two surviving  children   each  shall  receive thirty-seven and one-half per centum of such wages,   and if there are surviving more than  two  children  under  the  age  of   eighteen  years,  or  under  the  age  of  twenty-three  if enrolled and   attending  as  a  full-time  student  in   an   accredited   educational   institution and such enrollment and full-time attendance is certified by   such  institution, or a surviving child or children of any age dependant   blind or physically disabled, seventy-five  per  centum  of  such  wages   share  and  share  alike.  Upon  statutory  termination  of compensation   payable to such children, the compensation of the surviving spouse shall   be increased to seventy-five per centum of such wages  with  two  years'   compensation, at such rate, in one sum, upon remarriage. Where the death   occurs  on or after September eleventh, two thousand one, and the spouse    is receiving survivors insurance benefits under the social security act,   the death benefits payable under this section shall be reduced  by  five   per  centum  of  the  spouse's share of the survivors insurance benefits   under the social security act for each ten dollars of deceased's average   weekly  wage in excess of one hundred fifty dollars; provided that in no   case shall such reduction exceed fifty per centum of said spouse's share   of the survivors insurance benefits under the social security act as set   forth in table No. II in subdivision two-a of this section.3. If there be a surviving child or children of the deceased under the   age of eighteen years or a dependent blind or physically disabled  child   or  children  of  any  age, but no surviving spouse then where the death   occurs on or after July first, nineteen hundred forty-eight,  and  prior   to  January  first,  nineteen  hundred seventy-eight, for the support of   each such child until the age of eighteen years, or until the removal of   the dependency of such blind or physically disabled child  or  children,   thirty  per  centum  of  the  wages of the deceased, and where the death   occurred prior to July first,  nineteen  hundred  forty-eight,  for  the   support of each such child until the age of eighteen years, or until the   removal  of the dependency of such blind or physically disabled child or   children, fifteen per centum of the wages of the deceased; provided that   the aggregate shall in no  case  exceed  sixty-six  and  two-thirds  per   centum of such wages.3-a.  If  there be a surviving child or children of the deceased under   the age of eighteen years or under the  age  of  twenty-three  years  if   enrolled  and  attending  as  a  full  time  student  in  an  accredited   educational institution and such enrollment and full time attendance  is   certified  by  such  institution  or  a  dependent  blind  or physically   disabled child or children of any age,  but  no  surviving  spouse  then   where  the  death  occurs  on  or  after January first, nineteen hundred   seventy-eight, for the support of such child or children until  the  age   of  eighteen  years,  or under the age of twenty-three years if enrolled   and attending as a  full  time  student  in  an  accredited  educational   institution and such enrollment and full time attendance is certified by   such institution or until the removal of the dependency of such blind or   physically  disabled  child  or  children,  sixty-six and two-thirds per   centum of the wages of  the  deceased.  Where  there  are  two  or  more   children,  the compensation payable shall be divided among such children   share and share alike.3-b. If there be a surviving child or children, of an  employee  of  a   private  voluntary  hospital  killed in a World Trade Center rescue, who   passed a physical examination upon employment as a  rescue  worker  that   failed to reveal evidence of a condition that was the proximate cause of   death, under the age of eighteen years, or under the age of twenty-three   years  if enrolled and attending as a full-time student in an accredited   educational institution and such enrollment and full-time attendance  is   certified  by  such  institution,  or  a  dependent  blind or physically   disabled child, or children of any age, but no  surviving  spouse  then,   where  such  death  occurs, for the support of each such child until the   age of eighteen years,  or  under  the  age  of  twenty-three  years  if   enrolled   and  attending  as  a  full-time  student  in  an  accredited   educational institution and such enrollment and full-time attendance  is   certified  by such institution or until the removal of the dependency of   such blind or physically disabled child or  children,  seventy-five  per   centum  of  the  wages  of  the  deceased.  Where  there are two or more   children, the compensation payable shall be divided among such  children   share and share alike.4.  If there be no surviving spouse or child under the age of eighteen   years, or dependent blind or physically disabled child of any age, or if    the amount payable to surviving spouse and to children under the age  of   eighteen  years  or such dependent blind or physically disabled children   shall be less in the aggregate than sixty-six and two-thirds per  centum   of  the average wages of the deceased, then where the death occurs on or   after July first, nineteen hundred forty-eight,  and  prior  to  January   first,  nineteen hundred seventy-eight, for the support of grandchildren   or brothers and sisters under the age of eighteen  years,  if  dependent   upon the deceased at the time of the accident, twenty-five per centum of   such wages for the support of each such person until the age of eighteen   years;  and  for  the  support  of  each  parent, or grandparent, of the   deceased if dependent upon him at the time of the  accident,  forty  per   centum  of  such  wages  during  such  dependency;  and  where the death   occurred prior to July first,  nineteen  hundred  forty-eight,  to  such   dependent  grandchildren  or brothers and sisters, fifteen per centum of   such wages until eighteen years of age, and to such dependent parent  or   grandparent, twenty-five per centum of such wages during dependency. But   in  no  case  shall  the aggregate amount payable under this subdivision   exceed the difference between sixty-six and  two-thirds  per  centum  of   such wages, and the amount payable as hereinbefore provided to surviving   spouse or for the support of surviving child or children.4-a.  If  there  be  no  surviving  spouse  or  child under the age of   eighteen years or under the age of twenty-three years  if  enrolled  and   attending   as   a  full  time  student  in  an  accredited  educational   institution and such enrollment and full time attendance is certified by   such institution or dependent blind or physically disabled child of  any   age,  then  where  the  death occurs on or after January first, nineteen   hundred seventy-eight, for the support of grandchildren or brothers  and   sisters  if  dependent  upon  the  deceased at the time of the accident,   under the age of eighteen years, or under the age of twenty-three  years   if  enrolled  and  attending  as  a  full  time student in an accredited   educational institution and such enrollment and full time attendance  is   certified   by   such  institution,  or  blind  or  physically  disabled   grandchildren or brothers and sisters of any age, twenty-five per centum   of such wages for the support of each  such  person  until  the  age  of   eighteen  years;  or until the age of twenty-three years if enrolled and   attending  as  a  full  time  student  in  an   accredited   educational   institution  or  until  the  removal  of the dependency of such blind or   physically disabled grandchildren or  brothers  and  sisters,  and  such   enrollment and full time attendance is certified by such institution and   for  the  support  of  each  parent,  or grandparent, of the deceased if   dependent upon him or her at the time of the accident, forty per  centum   of such wages during such dependency. But in no case shall the aggregate   amount  payable  under  this subdivision exceed sixty-six and two-thirds   per centum of such wages.4-b. If there be no  surviving  spouse  or  child  under  the  age  of   eighteen  years  or  under the age of twenty-three years if enrolled and   attending  as  a  full  time  student  in  an   accredited   educational   institution and such enrollment and full time attendance is certified by   such  institution or dependent blind or physically disabled child of any   age or grandchildren or brothers  and  sisters  if  dependent  upon  the   deceased  at  the time of the accident, under the age of eighteen years,   or under the age of twenty-three years if enrolled and  attending  as  a   full  time  student  in  an  accredited educational institution and such   enrollment and full time attendance is certified by such institution  or   disabled  blind  or  physically  disabled  grandchildren or brothers and   sisters of any age, then a sum of fifty thousand dollars shall  be  paid   to  the deceased's surviving parents or if there be no surviving parents   to the deceased's estate. 4-c. If there be no surviving spouse  or  child,  or  children  of  an   employee  of a private voluntary hospital killed in a World Trade Center   rescue, who passed a physical examination upon employment  as  a  rescue   worker  that  failed  to  reveal  evidence  of  a condition that was the   proximate  cause of death, under the age of eighteen years, or under the   age of twenty-three years if  enrolled  and  attending  as  a  full-time   student in an accredited educational institution and such enrollment and   full-time  attendance  is  certified  by  such institution, or dependent   blind or physically disabled child of any  age,  then  where  the  death   occurs on or after September eleventh, two thousand one, for the support   of  grandchildren or brothers and sisters if dependent upon the deceased   at the time of the accident, under the age of eighteen years,  or  under   the  age  of twenty-three years if enrolled and attending as a full-time   student in an accredited educational institution and such enrollment and   full-time attendance is certified  by  such  institution,  or  blind  or   physically  disabled  grandchildren  or brothers and sisters of any age,   twenty-five per centum of such wages for the support of each such person   until the age of eighteen years; or until the age of twenty-three  years   if  enrolled  and  attending  as  a  full-time  student in an accredited   educational institution, or until the removal of the dependency of  such   blind  or physically disabled grandchildren or brothers and sisters, and   such  enrollment  and  full-time  attendance  is   certified   by   such   institution  and  for the support of each parent, or grandparent, of the   deceased if dependent upon him or her at the time of the accident, forty   per centum of such wages during such dependency. But in  no  case  shall   the  aggregate amount payable under this subdivision exceed seventy-five   per centum of such wages.4-d. If there be no surviving spouse  or  child,  or  children  of  an   employee  of a private voluntary hospital killed in a World Trade Center   rescue, who passed a physical examination upon employment  as  a  rescue   worker  that  failed  to  reveal  evidence  of  a condition that was the   proximate cause of death, under the age of eighteen years, or under  the   age  of  twenty-three  years  if  enrolled  and attending as a full-time   student in an accredited educational institution and such enrollment and   full-time attendance is certified  by  such  institution,  or  dependent   blind  or  physically  disabled  child  of  any age, or grandchildren or   brothers and sisters if dependent upon the deceased at the time  of  the   accident,  under  the  age  of  eighteen  years,  or  under  the  age of   twenty-three years if enrolled and attending as a full-time  student  in   an  accredited educational institution and such enrollment and full-time   attendance is certified  by  such  institution,  or  disabled  blind  or   physically  disabled  grandchildren  or brothers and sisters of any age,   then a sum of fifty thousand dollars shall be  paid  to  the  deceased's   surviving  parents or if there be no surviving parents to the deceased's   estate.5. Any excess of wages over: (1) seven hundred fifty dollars shall not   be taken into account in computing compensation under  this  section  in   cases where the death occurs on or after July first, two thousand seven,   (2) eight hundred twenty-five dollars shall not be taken into account in   computing  compensation  under  this  section  in  cases where the death   occurs on or after July first, two  thousand  eight,  (3)  nine  hundred   dollars  shall not be taken into account in computing compensation under   this section in cases where the death occurs on or after July first, two   thousand nine, and (4) where the death occurs on or  after  July  first,   two  thousand  ten,  or  when the death occurs on or after July first of   each succeeding year, an amount equal to  the  New  York  state  average   weekly wage for the year in which it is reported shall not be taken into   account  in  computing  compensation  under  this section. Any excess of    wages over five hundred ten dollars and five cents per week shall not be   taken into account in computing compensation under this section in cases   where the death occurs on or after July first, nineteen hundred  ninety,   nor  shall any excess of wages over five hundred twenty-five dollars per   week be taken into account in computing compensation  pursuant  to  this   section  in  cases  where  death occurs on or after July first, nineteen   hundred ninety-one, nor shall any  excess  of  wages  over  six  hundred   dollars  per  week  be  taken  into  account  in  computing compensation   pursuant to this section in cases where death occurs on  or  after  July   first,  nineteen hundred ninety-two with the exception that wages earned   over six hundred dollars  per  week  shall  be  taken  into  account  in   computing compensation under this section in cases involving an employee   of  a  private  voluntary  hospital  resulting from a World Trade Center   rescue, who passed a physical examination upon employment  as  a  rescue   worker  that  failed  to  reveal  evidence  of  a condition that was the   proximate cause of death; nor shall  any  excess  of  wages  over  three   hundred  eighty-two  dollars  and  fifty  cents  per  week be taken into   account in computing compensation under this section in cases where  the   death  occurs on or after July first, nineteen hundred eighty-three, nor   shall any excess of wages over four hundred  twelve  dollars  and  fifty   cents  per  week  be  taken into account in computing compensation under   this section in cases where the death occurs on  or  after  July  first,   nineteen  hundred  eighty-four,  nor shall any excess of wages over four   hundred fifty dollars per  week  be  taken  into  account  in  computing   compensation  under  this  section in cases where the death occurs on or   after July first, nineteen hundred eighty-five; nor shall any excess  of   wages  over one hundred eighty-seven dollars and fifty cents per week on   or after January first,  nineteen  hundred  seventy-eight  or  over  two   hundred  seventy  dollars  per  week  on  or  after July first, nineteen   hundred seventy-eight or over three hundred twenty-two dollars and fifty   cents per week on or after January first, nineteen hundred seventy-nine,   and prior to July first, nineteen hundred eighty-three,  be  taken  into   account  in  computing  compensation  under  this  section nor shall any   excess of wages over six hundred and seventeen dollars and fifty cents a   month be taken into account in computing compensation under this section   in cases where the death occurred  on  or  after  July  first,  nineteen   hundred  seventy-four,  and  prior  to  January  first, nineteen hundred   seventy-eight, nor shall any excess  of  wages  over  five  hundred  and   twenty  dollars  a month be taken into account in computing compensation   in cases where death occurred on or after July first,  nineteen  hundred   seventy  and  prior  to  July  first, nineteen hundred seventy-four, nor   shall any excess of wages over four hundred  and  fifty-five  dollars  a   month  be  taken  into  account in computing compensation in cases where   death occurred on or after July first, nineteen hundred sixty-eight  and   prior  to  July first, nineteen hundred seventy, nor shall any excess of   wages over three hundred and  ninety  dollars  a  month  be  taken  into   account  in  computing  compensation in cases where death occurred on or   after July first, nineteen hundred sixty-five and prior to  July  first,   nineteen  hundred  sixty-eight, nor shall any excess of wages over three   hundred and fifty-seven dollars and fifty cents a month  be  taken  into   account  in  computing  compensation in cases where death occurred on or   after July first, nineteen hundred sixty-two and prior  to  July  first,   nineteen  hundred  sixty-five,  nor shall any excess of wages over three   hundred and twenty-five  dollars  a  month  be  taken  into  account  in   computing  compensation  in  cases where death occurred on or after July   first, nineteen hundred sixty and prior to July first, nineteen  hundred   sixty-two, nor shall any excess of wages over two hundred and ninety-two   dollars  and  fifty  cents  a  month  be taken into account in computing    compensation where death occurred  on  or  after  July  first,  nineteen   hundred fifty-eight and prior to July first, nineteen hundred sixty, nor   shall  any excess of wages over two hundred and sixty dollars a month be   taken  into account in computing compensation where death occurred on or   after July first, nineteen hundred fifty-four and prior to  July  first,   nineteen  hundred  fifty-eight,  nor  shall any excess of wages over two   hundred and twenty-seven dollars and fifty cents a month be  taken  into   account  in computing compensation where death occurred on or after July   first, nineteen hundred forty-eight and prior to  July  first,  nineteen   hundred  fifty-four,  nor shall any excess of wages over one hundred and   eighty-two  dollars  a  month  be  taken  into  account   in   computing   compensation  where  the death occurred on or after June first, nineteen   hundred forty-six and prior to July first, nineteen hundred forty-eight.   When death occurred on or after July first, nineteen hundred forty-eight   and prior to January first, nineteen  hundred  seventy-eight,  computing   compensation to the widow or widower and children of a deceased employee   in no event shall wages be deemed to be less than one hundred and thirty   dollars  a  month. All questions of dependency shall be determined as of   the time of the accident. When death occurred on or after January first,   nineteen hundred seventy-eight, in no event shall wages be deemed to  be   less  than  forty-five  dollars  a week in computing compensation to the   widow or widower and/or children of the deceased employee.6. If  there  be  a  person  entitled  to  death  benefits  under  the   provisions  of  this  section,  who  shall  be under the age of eighteen   years, and who shall be an incarcerated individual  of  any  institution   and  a  public charge upon the department of social services of the city   of New York, or any other  department  or  body,  the  benefits  allowed   hereunder  shall  be payable to the said department of public welfare of   the city of New York or any other department or body to  the  extent  of   the  reasonable  charges  for  the  care  and  maintenance,  during  the   continuance as a public charge in said institution, of said  beneficiary   and until the said person shall have attained the age of eighteen years.   Any  sum  or  sums  remaining after the said payment out of the benefits   shall be distributed as provided  by  the  other  subdivisions  of  this   section.7. In computing the offsets under subdivisions one-c and two-a of this   section  any  increase  in  survivors  insurance  benefits  under social   security that occurs after the date of death shall  not  be  considered,   and  any  such  offset  shall  be  equally  applicable  to the survivors   insurance benefits under the social  security  act  which  are  received   retroactively  but  such  offset  shall  not  apply to increases of such   benefits received retroactively.