NY Vol Fire Ben L § 30 (2021)
2021 New York Laws VOL - Volunteer Firefighters' Benefit Article 3 - Liability for Benefits; Insurance 30 - Liability for and Payment of Benefits.

§ 30. Liability  for  and  payment  of  benefits.  Except as otherwise   provided in article five of the workers' compensation  law,  in  section   two  hundred  nine-i  of  the  general  municipal  law  and  in  section   twenty-one of this chapter:1. If at the time of injury the volunteer firefighter was a member  of   a  fire  company  of a county, city, town, village or fire district fire   department, any benefit under this chapter  shall  be  a  county,  city,   town, village or fire district charge, as the case may be, and any claim   therefor shall be audited in the same manner as other claims against the   county,  city,  town,  village  or  fire district and the amount thereof   shall be raised and paid in the same manner as other county, city, town,   village or fire district charges.2. If at the time of injury the volunteer firefighter was a member  of   a  fire  company  incorporated under the membership corporations law, or   any other law, and  located  in  a  city,  village,  or  fire  district,   protected  under  a  contract  by the fire department or fire company of   which the volunteer firefighter was a member,  any  benefit  under  this   chapter  shall  be  a city, village or fire district charge, as the case   may be, and any claim therefor shall be audited in the  same  manner  as   other  claims  against the city, village or fire district and the amount   thereof shall be raised and paid in  the  same  manner  as  other  city,   village or fire district charges.3.  If at the time of injury the volunteer firefighter was a member of   a fire company incorporated under the membership  corporations  law,  or   any  other law, and located in a fire protection district, or fire alarm   district, protected under a contract by such fire company,  any  benefit   under  this  chapter shall be a town charge and any claim therefor shall   be audited and paid in the same manner as town charges  and  the  amount   thereof shall be raised upon the property liable to taxation in the fire   protection  district  or  fire alarm district in the same manner as town   charges therein are raised.4. If at the time of injury the volunteer firefighter was a member  of   a  fire  company  incorporated under the membership corporations law, or   any other law, and located outside of a city,  village,  fire  district,   fire  protection district or fire alarm district, any benefit under this   chapter shall be a town charge and any claim therefor shall  be  audited   and  paid  in  the  same  manner  as town charges and the amount thereof   raised upon the property liable to taxation in  such  outside  territory   protected  by  such  fire  company  in  the  same manner as town charges   therein are raised.5. If at the time of injury the volunteer 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 benefit under this chapter shall be a charge against such   villages, towns or fire districts,  in  the  proportion  that  the  full   valuation  of  taxable  real  estate in each bears to the aggregate full   valuation of the taxable real estate of all such villages, towns or fire   districts and the amount thereof shall be audited, raised  and  paid  in   the  same  manner  as other village, town or fire district charges. Full   valuation shall be determined by dividing  the  assessed  valuations  of   taxable real estate of each such village, town or fire district as shown   by  the  latest  completed  assessment roll of the village, town or fire   district by the equalization rate established by  the  authorized  state   agency or officer for such roll; provided, however, in a county having a   county  department  of  assessment  the full valuation in towns and fire   districts shall be determined by applying the  state  equalization  rate   established  for  the  town,  or  the town in which the fire district is   located, to the appropriate portion of the last completed county roll. 6. The provisions of subdivisions one  to  five,  inclusive,  of  this   section  shall  not  apply if the injury results from services performed   when assistance is being rendered to:a.  Another  city,  town  which has a town fire department, village or   fire district, including one protected under  a  contract  by  the  fire   department  or  fire  company  of  which  the volunteer firefighter is a   member,b. A fire protection district or fire alarm  district,  including  one   protected  under  a  contract  by the fire department or fire company of   which the volunteer firefighter is a member,c. The area of a town protected by a fire company  incorporated  under   the  membership  corporations law, or any other law, and located outside   of a city, village, fire district, fire  protection  district,  or  fire   alarm district,d.  The  unorganized  area of a town (outside of a city, village, fire   district, fire  protection  district,  fire  alarm  district,  and  also   outside  the  area  protected  by  a fire company incorporated under the   membership corporations law, or any other law, and located outside of  a   city,  village,  fire  district,  fire protection district or fire alarm   district),e. The joint area protected by  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,f. A fire department of a county which has a fire department, org. A county which has requested  fire  aid  pursuant  to  section  two   hundred nine-e of the general municipal law,   pursuant  to  a  call  to  furnish  assistance  to  any  such  municipal   corporation, district or area in cases of fire or other emergencies,  or   for  other  authorized purposes, or while going to or returning from the   place where the assistance is to be or was rendered, or if  death  shall   result  from  the  effects  of any such injury, and in any such case any   such benefit shall be a charge against such aided municipal corporation,   district or area and after audit shall be paid and  the  amount  thereof   shall  be  raised upon the property liable to taxation in such municipal   corporation, district or area, in  the  same  manner  as  other  charges   against  the  same  are  raised,  except  that in the cases described at   paragraphs b, c and d  of  this  subdivision,  the  town  in  which  the   district  or area is located shall be primarily liable for such payment.   If there is no property liable to taxation  in  any  area  described  in   paragraph  d,  the benefit shall be a town charge and any claim therefor   shall be audited and paid in the same manner as  town  charges  and  the   amount  thereof  shall  be  raised upon the taxable real property in the   town in the same manner as town charges therein are raised.In the case of a false call for assistance, any such benefit shall  be   audited,  raised  and paid in the manner provided in subdivisions one to   five, inclusive, of this section, as the case may be.The term "assistance", as used in this section, includes the  services   of  firefighting  forces, fire police squads, emergency rescue and first   aid squads rendered in case of a  fire  or  other  emergency,  including   stand-by  service,  to  aid  (1) a fire department, fire company, or any   unit thereof, other than that of which the volunteer  firefighter  is  a   member  and  (2)  owners  or  occupants  of property, and other persons,   whether or not such owners, occupants or persons are receiving  fire  or   other  emergency  service  from  a fire department, fire company, or any   unit thereof, other than that of which the volunteer  firefighter  is  a   member.Except  as  otherwise  provided by law in the case of natural disaster   emergencies, a call to furnish assistance may  be  made  by  any  person    aware  of  the peril involved and the need for assistance or pursuant to   any legally authorized or recognized plan for the furnishing  of  mutual   aid  in cases of fire or other emergency. The call need not originate in   the  municipal  corporation,  district  or  area  ultimately  liable for   benefits under this section and may  be  relayed  through  one  or  more   persons or mediums of communication.The  provisions  of  this  subdivision  shall  not apply if the injury   results from services  performed  by  the  volunteer  firefighter  in  a   natural  disaster  emergency  and  he  or she was serving as part of the   civil defense forces activated, and when assistance is being so rendered   the benefits to be paid and provided under this chapter  shall  be  paid   and  provided  by the political subdivisions which would be liable under   subdivisions one to five, inclusive, of this section.If death or injury results from the performance of duty by a volunteer   firefighter serving as fire chief while inspecting a public  or  private   school  pursuant  to  paragraph  c of subdivision seven of section eight   hundred seven-a of the education law for fire prevention and  protection   purposes  in  a  fire  district,  fire protection district or fire alarm   district furnished fire protection pursuant to a contract by his or  her   fire  department  or  fire  company,  or  from necessary travel directly   connected with any such duty, then the benefits to be paid and  provided   under  this  chapter  shall be a charge against such fire district, fire   protection district or fire alarm  district  so  protected  pursuant  to   contract  and  after audit shall be paid and the amount thereof shall be   raised upon the property liable to taxation in any such district in  the   same manner as other charges against the same are raised, except that in   the  case of a fire protection district or fire alarm district, the town   in which the district is located shall  be  primarily  liable  for  such   payment.If  death  or  injury  results  from  the  performance  of  duty under   subdivision  four  of  section  three  hundred  three  of  the  multiple   residence law, or from necessary travel directly connected with any such   assignment, and the building or property inspected or to be inspected is   not  located  in  the  area  regularly  served and protected by the fire   department or fire company of  which  the  volunteer  firefighter  is  a   member,  but  is  located  in  a city, town which has a fire department,   village, fire district, fire protection district or fire alarm  district   served  and  protected pursuant to a contract for fire protection by the   fire department or fire company of which the volunteer firefighter is  a   member,  then  the  benefits  to be paid and provided under this chapter   shall be a charge against such political  subdivision,  fire  protection   district  or  fire  alarm district so protected pursuant to contract and   after audit shall be paid and the amount thereof shall  be  raised  upon   the  property  liable  to  taxation  in  such  political  subdivision or   district in the same manner  as  other  charges  against  the  same  are   raised,  except  that  in the case of a fire protection district or fire   alarm district, the town in which  the  district  is  located  shall  be   primarily liable for such payment.If death or injury results from the performance of duty by a volunteer   firefighter  while  inspecting  buildings  for  fire  hazards in a city,   village, fire district, fire protection district or fire alarm  district   furnished  fire  protection  pursuant  to  a contract by his or her fire   department or fire company, or from necessary travel directly  connected   with any such duty, then the benefits to be paid and provided under this   chapter  shall  be  a  charge against such city, village, fire district,   fire protection district or fire alarm district so protected pursuant to   contract and after audit shall be paid and the amount thereof  shall  be   raised upon the property liable to taxation in any such city, village or    district  in  the  same  manner  as  other  charges against the same are   raised, except that in the case of a fire protection  district  or  fire   alarm  district,  the  town  in  which  the district is located shall be   primarily   liable  for  such  payment.  This  paragraph  shall  not  be   applicable in any city, however, unless a  city  charter  or  other  law   under  which  the  city  operates,  or  a local law adopted by the city,   authorizes such an inspection  in  areas  of  the  city  receiving  fire   protection  pursuant to a contract. The term "building," as used in this   paragraph, does not include a multiple dwelling which may  be  inspected   by  such fire department or company under and pursuant to the provisions   of subdivision four of section  three  hundred  three  of  the  multiple   residence law.The foregoing provisions of this subdivision shall apply only in cases   where  volunteer  firefighters  are injured in line of duty prior to the   first day of March, nineteen hundred  sixty-four;  and  in  death  cases   where  death  results  from injuries sustained prior to such date. Where   volunteer firefighters are injured in line of duty on or after the first   day of March, nineteen hundred sixty-four,  and  in  death  cases  where   death  results  from  injuries  sustained  on  or  after  such date, the   liability for benefits under this chapter shall be  determined  pursuant   to  subdivisions  one  to  five,  inclusive,  of this section, except as   otherwise provided in article five of  the  workers'  compensation  law,   section  two  hundred nine-i of the general municipal law and in section   twenty-one of this chapter.6-a. The provisions of subdivisions one to  six,  inclusive,  of  this   section  shall  not  apply if the injury results from services performed   when general ambulance service is  furnished  under  a  fire  protection   contract pursuant to section two hundred nine-b of the general municipal   law  for  (1)  another city, village or fire district, protected under a   contract by the fire department or fire company of which  the  volunteer   firefighter  is a member or (2) a fire protection district or fire alarm   district, protected under a contract by  the  fire  department  or  fire   company  of  which  the volunteer firefighter is a member, pursuant to a   call to furnish such  service  in  any  such  municipal  corporation  or   district,  or  while  going  to  or  returning  from the place where the   service is to be or was furnished, or if death  shall  result  from  the   effects  of any such injury, and in any such case any such benefit shall   be a charge against such municipal corporation  or  district  and  after   audit  shall  be  paid  and  the amount thereof shall be raised upon the   property liable to taxation in such municipal corporation  or  district,   in  the same manner as other charges against the same are raised, except   that in the case of a fire protection district or  fire  alarm  district   the  town in which the district is located shall be primarily liable for   such payment.The foregoing provisions of this subdivision shall apply only in cases   where volunteer  firefighters  are  injured  in  line  of  such  general   ambulance service duty prior to the first day of March, nineteen hundred   sixty-four,  and  in  death  cases  where  death  results  from injuries   sustained prior to such date. Where volunteer firefighters  are  injured   in line of such general ambulance service duty on or after the first day   of  March,  nineteen  hundred sixty-four, and in death cases where death   results from injuries sustained on or after such date, the liability for   benefits under this chapter shall be determined pursuant to subdivisions   one to five, inclusive, of this section, except as otherwise provided in   article five of the  workers'  compensation  law,  section  two  hundred   nine-i  of  the  general  municipal  law  and section twenty-one of this   chapter. 7. Any political subdivision may finance the payment of  any  benefits   to  be  paid  and  provided under this chapter by the issuance of serial   bonds or capital notes pursuant to the local finance law  unless  it  is   required by some law, other than this chapter, to pay such benefits from   current funds.8.  Any  political subdivision may contract for insurance indemnifying   against the liability imposed by this  chapter  and  the  cost  of  such   insurance  shall  be  audited,  raised  and  paid  in the same manner as   benefits are required to be audited, raised and paid in this section.9. Insurance authorized to be purchased pursuant to subdivision  eight   of  this  section  may  be  secured  from  the  state  fund or any stock   corporation, mutual corporation  or  reciprocal  insurer  authorized  to   transact  the  business  of workers' compensation in this state. If such   insurance is not secured, the  political  subdivision  liable  shall  be   deemed  to  have elected to be a self-insurer unless it is a participant   in a county plan of self-insurance or its liability for  benefits  under   this  chapter  is  covered by a town's participation in a county plan of   self-insurance as provided in subdivision three of  section  sixty-three   of  the  workers'  compensation  law. Every such self-insurer shall file   with the chair of the workers'  compensation  board  a  notice  of  such   election  prescribed  in  form  by  such chair. For failure to file such   notice within ten days after such election is  made,  the  treasurer  or   other  fiscal  officer  of such political subdivision shall be liable to   pay to the chair of the workers'  compensation  board  the  sum  of  one   hundred dollars as a penalty, to be transferred to the state treasury. A   notice of election to be a self-insurer for compensation and benefits to   volunteer firefighters under the provisions of the workers' compensation   law  and  the  general  municipal  law  in  effect prior to March first,   nineteen hundred  fifty-seven,  which  was  filed  prior  to  such  date   pursuant  to  the provisions of subdivision four of section fifty of the   workers' compensation law as in effect  prior  to  such  date  shall  be   deemed  to  be  a notice of election filed under this section unless the   chair of the workers' compensation board is notified  to  the  contrary.   The  provisions  of  subdivision  five  of section fifty of the workers'   compensation law shall be applicable to such self-insurers.10. The governing board of a  political  subdivision  liable  for  the   payment  of  such  benefits  may authorize the treasurer or other fiscal   officer thereof to pay the  financial  benefits  provided  for  in  this   chapter  to  the person entitled thereto without waiting for an award in   any case in the manner provided in section forty-nine of  this  chapter.   The  amount  payable  prior  to  an award pursuant to such authorization   shall constitute a settled claim within the meaning of the local finance   law.11. A contract for fire protection, for the purposes of this  section,   shall be deemed in full force and effect if negotiations are pending for   the renewal thereof.12.  Where  a city, village, fire district or town on behalf of a fire   protection district or fire alarm district is  furnished  service  by  a   fire  company,  fire  department,  or  any  unit  thereof  pursuant to a   contract with another city, village, fire district, or  an  incorporated   fire  company  having  its  headquarters outside the city, village, fire   district, fire protection district or fire alarm district receiving such   service and the liability for benefits under this chapter in relation to   volunteer firefighters rendering such service pursuant to such  contract   is  not  covered  pursuant  to  a county self-insurance plan pursuant to   section sixty-three of the  workers'  compensation  law,  such  contract   shall provide for payment to the city, village, fire district or town in   which  such  incorporated fire company has its headquarters, of a sum in    addition to the amount to be paid  for  such  service  pursuant  to  the   contract,  to provide for any increase in cost, or any new or added cost   for insurance coverage for the liability for benefits under this chapter   by reason of the service rendered pursuant to such contract, unless such   additional sum has been specifically included in the contract amount for   such  service.  Any  such additional sum so paid shall not be subject to   division with a volunteer fire company as otherwise provided by  law  in   the case of contracts for such service.