2023 New York Laws › GMU - General Municipal › Article 10 - Firefighters and Police Officers › 205-CC - Volunteer Firefighter Enhanced Cancer Disability Benefits.

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