2023 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 benefits
where there is a sole surviving spouse
 
  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
SHARE OF SURVIVORS
INSURANCE 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 ........................................................... 50
1-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 benefits
where there is a surviving spouse and one child
 
  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
SHARE OF SURVIVORS
INSURANCE 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 ........................................................... 50
If  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 benefits
where there is a surviving spouse and two or more children
 
  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
SHARE OF SURVIVORS
INSURANCE 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 ........................................................... 50
2-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.