2023 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, or
g. 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 or is a participant in a public group
  self-insurance plan established under  subdivision  three-a  of  section
  fifty  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.