2023 New York Laws › VAW - Volunteer Ambulance Workers' Benefit › Article 2 - Coverage and Benefits › 7 - Death Benefits.

§  7. Death benefits. In the event of death the benefit shall be known
  as a death benefit and shall be paid as follows:
1. The reasonable funeral expenses of the deceased volunteer ambulance
  worker shall be paid in an  amount  not  exceeding  six  thousand  seven
  hundred  dollars.  If  such  funeral  expenses shall have been paid by a
  person entitled to benefits under this section or by others, the funeral
  expenses awarded shall be made payable to such  beneficiary  or  others;
  otherwise  they  shall  be  payable  to  the undertaker who provided the
  burial. Funeral expenses shall be awarded in all death cases.
2. If there be a surviving spouse, to such  spouse  the  lump  sum  of
  fifty-six thousand dollars, but if there be no surviving spouse, then to
  the  executor  or administrator of the estate of the volunteer ambulance
  worker, the lump sum of fifty-six thousand dollars. Such sum shall be in
  addition to any other benefits provided in this chapter and shall not be
  diminished by benefits paid to the volunteer ambulance worker during his
  lifetime. Any money paid to an executor or administrator pursuant to the
  provisions of this  subdivision  shall  be  distributed  in  the  manner
  provided  by the laws of this state for the distribution of the personal
  property of an intestate decedent.
3. In the case of a death of a volunteer ambulance worker, on or after
  the enactment of this chapter and prior to July first, nineteen  hundred
  ninety,  if  there  be  a surviving spouse and no surviving child of the
  deceased under the age of eighteen years or under the age of twenty-five
  years who  is  enrolled  as  a  full  time  student  in  any  accredited
  educational  institution  and  no  surviving  child of any age dependent
  blind or physically disabled, to  such  spouse  six  hundred  sixty-five
  dollars for each week until remarried, and upon such remarriage the lump
  sum of sixty-nine thousand one hundred sixty-four dollars.
4.  If  any person under the age of eighteen years is an inmate of any
  institution and  a  public  charge  upon  the  state  or  any  political
  subdivision,  the  benefits  allowed  hereunder  shall be payable to the
  state or political subdivision to the extent of the  reasonable  charges
  for  care  and maintenance, during the continuance as a public charge in
  such institution of such beneficiary and until  he  or  she  shall  have
  attained the age of eighteen years. Any sum or sums remaining after such
  payments shall be distributed as provided in this section.
5.  The term "dependent blind or physically disabled", as used in this
  section in relation  to  dependent  children,  means  totally  blind  or
  physically  disabled  dependent  children whose disablement is total and
  permanent.
6. All questions of dependency shall be determined as of the  time  of
  the injury.
7.  The  workers' compensation board may in its discretion require the
  appointment of a guardian for the purpose of receiving benefits  payable
  to  a  minor child or a dependent blind or physically disabled child. In
  the absence of such a requirement by such board  the  appointment  of  a
  guardian for such purposes shall not be necessary.
8. In the case of a death of a volunteer ambulance worker, on or after
  the  effective  date  of  this chapter and prior to July first, nineteen
  hundred ninety, that results from services  performed  in  the  line  of
  duty,  if  there be a surviving spouse and a surviving child or children
  of the deceased under the age of eighteen years  or  under  the  age  of
  twenty-five  years  who  is  enrolled  as  a  full  time  student in any
  accredited educational institution or a surviving child or  children  of
  any  age  dependent  blind  or physically disabled, to such spouse three
  hundred sixty-six  dollars  for  each  week  until  remarried,  and  the
  additional  amount of three hundred dollars for each week for such child
  or children, share and share alike, until the age of eighteen  years  or

  under  the  age  of  twenty-five  years  who  is enrolled as a full time
  student in any accredited educational institution or until  the  removal
  of the dependency of the blind or physically disabled child or children.
In the case of the death of such surviving spouse, the surviving child
  or children of the deceased ambulance worker, at the time under eighteen
  years  of age or under the age of twenty-five years who is enrolled as a
  full time student in any accredited educational institution or dependent
  through mental or physical infirmity, shall have his  or  her  or  their
  benefit increased to six hundred sixty-five dollars for each week, share
  and  share  alike, and the same shall be payable until he or she or they
  shall reach the age of eighteen years or twenty-five years, as the  case
  may  be,  or until such dependent blind or physically disabled condition
  shall have been removed. Upon the remarriage of  such  surviving  spouse
  prior  to  the  statutory  termination of benefits to all such children,
  such spouse shall be paid the lump sum of  thirty-eight  thousand  forty
  dollars;  and  the  surviving  child  shall  continue  to receive weekly
  payments of three hundred dollars; if there be two  surviving  children,
  each  shall  receive two hundred fifty dollars per week; and if there be
  more than  two  surviving  children,  they  shall  receive  six  hundred
  sixty-five  dollars  per week, share and share alike; and the same shall
  be payable until he or she or they shall reach the age of eighteen years
  or twenty-five years, as the case may be, or until such dependent  blind
  or physically disabled condition shall have been removed. Upon statutory
  termination  of  payments  to  all  such  children,  the payments to the
  surviving spouse shall be increased to six  hundred  sixty-five  dollars
  for  each  week  until  such spouse remarries, and upon such remarriage,
  such spouse shall be paid  the  lump  sum  of  sixty-nine  thousand  one
  hundred  sixty-four  dollars. In no event shall the total amount payable
  for each week under  this  subdivision  exceed  six  hundred  sixty-five
  dollars.
9. In the case of a death of a volunteer ambulance worker, on or after
  the  effective  date  of  this chapter and prior to July first, nineteen
  hundred ninety, that results from services  performed  in  the  line  of
  duty,  if  there  be surviving a child or children of the deceased under
  the age of eighteen years or under the age of twenty-five years  who  is
  enrolled   as   a  full  time  student  in  any  accredited  educational
  institution or  a  dependent  blind  or  physically  disabled  child  or
  children  of  any  age, but no surviving spouse, for the support of such
  child or children until the age of eighteen years or  twenty-five  years
  as the case may be, or until the removal of the dependency of such blind
  or  physically  disabled  child  or  children,  six  hundred  sixty-five
  dollars, share and share alike, for each week; provided that  the  total
  amount payable for each week under this subdivision shall not exceed six
  hundred sixty-five dollars per week.
10.  In  the  case  of  a death of a volunteer ambulance worker, on or
  after the effective date of  this  chapter  and  prior  to  July  first,
  nineteen  hundred  ninety,  that  results from services performed in the
  line of duty, if there be no surviving spouse or child of  the  deceased
  under  the  age  of eighteen years or under the age of twenty-five years
  who is enrolled as a full time student  in  any  accredited  educational
  institution  or  dependent  blind  or  physically  disabled child of the
  deceased of any age, then for the support of grandchildren  or  brothers
  and  sisters  under  the  age  of  eighteen  years  or  under the age of
  twenty-five years who  is  enrolled  as  a  full  time  student  in  any
  accredited educational institution if dependent upon the deceased at the
  time  of  the  injury,  two  hundred fifty dollars for each week for the
  support of  each  such  person  until  the  age  of  eighteen  years  or
  twenty-five years as the case may be, and for the support of each parent

  or  grandparent  of  the deceased, if dependent upon the deceased at the
  time of the injury, four hundred  dollars  for  each  week  during  such
  dependency, but in no case shall the aggregate amount payable under this
  subdivision exceed six hundred sixty-five dollars per week.
11. In the case of a death of a volunteer ambulance worker on or after
  July  first,  nineteen  hundred ninety and prior to July first, nineteen
  hundred ninety-one, that results from services performed in the line  of
  duty,  if  there  be  a  surviving  spouse and no surviving child of the
  deceased under the age of eighteen or under the age of twenty-five years
  who is enrolled as a full time student  in  any  accredited  educational
  institution  and  no  surviving  child  of  any  age  dependent blind or
  physically disabled, to such spouse seven hundred fifty-four dollars for
  each week until remarried and upon  such  remarriage  the  lump  sum  of
  seventy-eight thousand three hundred sixty-four dollars.
12. In the case of a death of a volunteer ambulance worker on or after
  July  first,  nineteen  hundred ninety and prior to July first, nineteen
  hundred ninety-one, that results from services performed in the line  of
  duty,  if  there be a surviving spouse and a surviving child or children
  of the deceased under the age of eighteen years  or  under  the  age  of
  twenty-five  years  who  is  enrolled  as  a  full  time  student in any
  accredited educational institution or a surviving child or  children  of
  any  age  dependent  blind  or  physically disabled, to such spouse four
  hundred  fifteen  dollars  for  each  week  until  remarried,  and   the
  additional amount of three hundred thirty-nine dollars for each week for
  such child or children, share and share alike, until the age of eighteen
  years  or  under  the age of twenty-five years who is enrolled as a full
  time student in any accredited  educational  institution  or  until  the
  removal  of  the dependency of the blind or physically disabled child or
  children. In the case  of  the  death  of  such  surviving  spouse,  the
  surviving  child  or  children  of the deceased ambulance worker, at the
  time under eighteen years of age or under the age of  twenty-five  years
  who  is  enrolled  as  a full time student in any accredited educational
  institution or dependent through mental  or  physical  infirmity,  shall
  have  his  or her benefit increased to seven hundred fifty-four dollars,
  for each week, share and share alike, and  the  same  shall  be  payable
  until  he  or  she  or  they  shall  reach  the age of eighteen years or
  twenty-five years as the case may be, or until such dependent  blind  or
  physically   disabled  condition  shall  have  been  removed.  Upon  the
  remarriage of such surviving spouse prior to the  statutory  termination
  of  benefit to all such children, such spouse shall be paid the lump sum
  of forty-three thousand  six  dollars  and  the  surviving  child  shall
  continue  to  receive  weekly  payments  of  three  hundred  thirty-nine
  dollars; if there be two surviving  children,  each  shall  receive  two
  hundred  eighty-three  dollars  per  week; and if there be more than two
  surviving children, they shall receive seven hundred fifty-four  dollars
  per  week, share and share alike; and the same shall be payable until he
  or she or they shall reach the age  of  eighteen  years  or  twenty-five
  years,  as  the case may be, or until such dependent blind or physically
  disabled condition shall have been removed. Upon  statutory  termination
  of  payments  to all such children, the payments to the surviving spouse
  shall be increased to seven hundred fifty-four  dollars  for  each  week
  until  such  spouse remarries and upon such remarriage such spouse shall
  be paid the lump sum of seventy-eight thousand three hundred  sixty-four
  dollars.  In no event shall the total amount payable for each week under
  this subdivision exceed seven hundred fifty-four dollars.
13. In the case of a death of a volunteer ambulance worker on or after
  July first, nineteen hundred ninety and prior to  July  first,  nineteen
  hundred  ninety-one, that results from services performed in the line of

  duty, if there be surviving a child or children of  the  deceased  under
  the  age  of eighteen years or under the age of twenty-five years who is
  enrolled  as  a  full  time  student  in  any   accredited   educational
  institution  or  a  dependent  child  or  physically  disabled  child or
  children of any age, but no surviving spouse, for support of such  child
  or  children until the age of eighteen years or twenty-five years as the
  case may be, or until  removal  of  the  dependency  of  such  blind  or
  physically  disabled child or children, seven hundred fifty-four dollars
  share and share alike, for each week; provided  that  the  total  amount
  payable  for  each  week  under  this subdivision shall not exceed seven
  hundred fifty-four dollars per week.
14. In the case of a death of a volunteer ambulance worker on or after
  July first, nineteen hundred ninety and prior to  July  first,  nineteen
  hundred  ninety-one, that results from services performed in the line of
  duty, if there be no surviving spouse or child of the deceased under the
  age of eighteen years or under the  age  of  twenty-five  years  who  is
  enrolled   as   a  full  time  student  in  any  accredited  educational
  institution, or dependent blind or  physically  disabled  child  of  the
  deceased  of  any age, then for the support of grandchildren or brothers
  and sisters under the  age  of  eighteen  years  or  under  the  age  of
  twenty-five  years  who  is  enrolled  as  a  full  time  student in any
  accredited educational institution if dependent upon the deceased at the
  time of the injury, two hundred eighty-three dollars for each  week  for
  the  support  of  each  such  person  until the age of eighteen years or
  twenty-five years as the case may be, and for the support of each parent
  or grandparent of the deceased if dependent upon  the  deceased  at  the
  time  of the injury, four hundred fifty-two dollars for each week during
  such dependency but in no case shall the aggregate amount payable  under
  this subdivision exceed seven hundred fifty-four dollars per week.
15. In the case of a death of a volunteer ambulance worker on or after
  July  first,  nineteen  hundred  ninety-one  and  prior  to  July first,
  nineteen hundred ninety-two that results from services performed in  the
  line  of  duty, if there be a surviving spouse and no surviving child of
  the deceased under the age of eighteen or under the age  of  twenty-five
  years  who  is  enrolled  as  a  full  time  student  in  any accredited
  educational institution and no surviving  child  of  any  age  dependent
  blind  or  physically disabled, to such spouse seven hundred seventy-six
  dollars for each week until remarried and upon such remarriage the  lump
  sum of eighty thousand six hundred ninety-two dollars.
16. In the case of a death of a volunteer ambulance worker on or after
  July  first,  nineteen  hundred  ninety-one  and  prior  to  July first,
  nineteen hundred ninety-two, that results from services performed in the
  line of duty, if there be a surviving spouse and a  surviving  child  or
  children  of  the  deceased under the age of eighteen years or under the
  age of twenty-five years who is enrolled as a full time student  in  any
  accredited  educational  institution or a surviving child or children of
  any age dependent blind or physically  disabled,  to  such  spouse  four
  hundred  twenty-seven  dollars  for  each  week until remarried, and the
  additional amount of three hundred forty-nine dollars for each week  for
  such child or children, share and share alike, until the age of eighteen
  years  or  under  the age of twenty-five years who is enrolled as a full
  time student in any accredited  educational  institution  or  until  the
  removal  of  the dependency of the blind or physically disabled child or
  children. In the case  of  the  death  of  such  surviving  spouse,  the
  surviving  child  or  children  of the deceased ambulance worker, at the
  time under eighteen years of age or under the age of  twenty-five  years
  who  is  enrolled  as  a full time student in any accredited educational
  institution or dependent through mental  or  physical  infirmity,  shall

  have  his or her benefit increased to seven hundred seventy-six dollars,
  for each week, share and share alike, and  the  same  shall  be  payable
  until  he  or  she  or  they  shall  reach  the age of eighteen years or
  twenty-five  years  as the case may be, or until such dependent blind or
  physically  disabled  condition  shall  have  been  removed.  Upon   the
  remarriage  of  such surviving spouse prior to the statutory termination
  of benefit to all such children, such spouse shall be paid the lump  sum
  of  forty-four  thousand  three hundred eighty dollars and the surviving
  child shall  continue  to  receive  weekly  payments  of  three  hundred
  forty-nine  dollars;  if  there  be  two  surviving children, each shall
  receive two hundred ninety-one dollars per week; and if  there  be  more
  than   two   surviving   children,  they  shall  receive  seven  hundred
  seventy-six dollars per week, share and share alike; and the same  shall
  be payable until he or she or they shall reach the age of eighteen years
  or  twenty-five years, as the case may be, or until such dependent blind
  or physically disabled condition shall have been removed. Upon statutory
  termination of payments to  all  such  children,  the  payments  to  the
  surviving spouse shall be increased to seven hundred seventy-six dollars
  for  each week until such spouse remarries and upon such remarriage such
  spouse shall be paid  the  lump  sum  of  eighty  thousand  six  hundred
  ninety-two  dollars. In no event shall the total amount payable for each
  week under this subdivision exceed seven hundred seventy-six dollars.
17. In the case of a death of a volunteer ambulance worker on or after
  July first,  nineteen  hundred  ninety-one  and  prior  to  July  first,
  nineteen hundred ninety-two, that results from services performed in the
  line  of duty, if there be surviving a child or children of the deceased
  under the age of eighteen years or under the age  of  twenty-five  years
  who  is  enrolled  as  a full time student in any accredited educational
  institution or  a  dependent  child  or  physically  disabled  child  or
  children  of any age, but no surviving spouse, for support of such child
  or children until the age of eighteen years or twenty-five years as  the
  case  may  be,  or  until  removal  of  the  dependency of such blind or
  physically disabled child or children, seven hundred seventy-six dollars
  share and share alike, for each week; provided  that  the  total  amount
  payable  for  each  week  under  this subdivision shall not exceed seven
  hundred seventy-six dollars per week.
18. In the case of a death of a volunteer ambulance worker on or after
  July first,  nineteen  hundred  ninety-one  and  prior  to  July  first,
  nineteen hundred ninety-two, that results from services performed in the
  line  of  duty, if there be no surviving spouse or child of the deceased
  under the age of eighteen years or under the age  of  twenty-five  years
  who  is  enrolled  as  a full time student in any accredited educational
  institution, or dependent blind or  physically  disabled  child  of  the
  deceased  of  any age, then for the support of grandchildren or brothers
  and sisters under the  age  of  eighteen  years  or  under  the  age  of
  twenty-five  years  who  is  enrolled  as  a  full  time  student in any
  accredited educational institution if dependent upon the deceased at the
  time of the injury, two hundred ninety-one dollars for each week for the
  support of  each  such  person  until  the  age  of  eighteen  years  or
  twenty-five years as the case may be, and for the support of each parent
  or  grandparent  of  the  deceased if dependent upon the deceased at the
  time of the injury, four hundred sixty-six dollars for each week  during
  such  dependency but in no case shall the aggregate amount payable under
  this subdivision exceed seven hundred seventy-six dollars per week.
19. In the case of a death of a volunteer ambulance worker on or after
  July first, nineteen hundred  ninety-two,  that  results  from  services
  performed  in  the  line  of duty, if there be a surviving spouse and no
  surviving child of the deceased under the age of eighteen or  under  the

  age  of  twenty-five years who is enrolled as a full time student in any
  accredited educational institution and no surviving  child  of  any  age
  dependent  blind  or  physically  disabled, to such spouse eight hundred
  eighty-seven  dollars  for  each  week  until  remarried  and  upon such
  remarriage the lump sum of  ninety-two  thousand  two  hundred  nineteen
  dollars.
20. In the case of a death of a volunteer ambulance worker on or after
  July  first,  nineteen  hundred  ninety-two,  that results from services
  performed in the line of duty, if there be  a  surviving  spouse  and  a
  surviving  child  or  children of the deceased under the age of eighteen
  years or under the age of twenty-five years who is enrolled  as  a  full
  time  student  in  any accredited educational institution or a surviving
  child or children of any age dependent blind or physically disabled,  to
  such  spouse  four  hundred  eighty-eight  dollars  for  each week until
  remarried, and the additional amount of four hundred  dollars  for  each
  week for such child or children, share and share alike, until the age of
  eighteen  years or under the age of twenty-five years who is enrolled as
  a full time student in any accredited educational institution  or  until
  the  removal of the dependency of the blind or physically disabled child
  or children. In the case of the death  of  such  surviving  spouse,  the
  surviving  child  or  children  of the deceased ambulance worker, at the
  time under eighteen years of age or under the age of  twenty-five  years
  who  is  enrolled  as  a full time student in any accredited educational
  institution or dependent through mental  or  physical  infirmity,  shall
  have his or her benefit increased to eight hundred eighty-seven dollars,
  for  each  week,  share  and  share alike, and the same shall be payable
  until he or she or they  shall  reach  the  age  of  eighteen  years  or
  twenty-five  years  as the case may be, or until such dependent blind or
  physically  disabled  condition  shall  have  been  removed.  Upon   the
  remarriage  of  such surviving spouse prior to the statutory termination
  of benefit to all such children, such spouse shall be paid the lump  sum
  of  fifty  thousand seven hundred twenty dollars and the surviving child
  shall continue to receive weekly payments of four  hundred  dollars;  if
  there  be  two  surviving  children,  each  shall  receive three hundred
  thirty-three dollars per week; and if there be more than  two  surviving
  children,  they  shall  receive  eight  hundred eighty-seven dollars per
  week, share and share alike; and the same shall be payable until  he  or
  she  or they shall reach the age of eighteen years or twenty-five years,
  as the case may be, or until such dependent blind or physically disabled
  condition  shall  have  been  removed.  Upon  statutory  termination  of
  payments  to  all  such  children,  the payments to the surviving spouse
  shall be increased to eight hundred eighty-seven dollars for  each  week
  until  such  spouse remarries and upon such remarriage such spouse shall
  be paid the  lump  sum  of  ninety-two  thousand  two  hundred  nineteen
  dollars.  In no event shall the total amount payable for each week under
  this subdivision exceed eight hundred eighty-seven dollars.
21. In the case of a death of a volunteer ambulance worker on or after
  July first, nineteen hundred  ninety-two,  that  results  from  services
  performed in the line of duty, if there be surviving a child or children
  of  the  deceased  under  the  age of eighteen years or under the age of
  twenty-five years who  is  enrolled  as  a  full  time  student  in  any
  accredited  educational  institution  or a dependent child or physically
  disabled child or children of any age,  but  no  surviving  spouse,  for
  support  of  such  child  or children until the age of eighteen years or
  twenty-five years as the case may be, or until removal of the dependency
  of such blind or physically disabled child or  children,  eight  hundred
  eighty-seven dollars share and share alike, for each week; provided that

  the  total amount payable for each week under this subdivision shall not
  exceed eight hundred eighty-seven dollars per week.
22. In the case of a death of a volunteer ambulance worker on or after
  July  first,  nineteen  hundred  ninety-two,  that results from services
  performed in the line of duty, if there be no surviving spouse or  child
  of  the  deceased  under  the  age of eighteen years or under the age of
  twenty-five years who  is  enrolled  as  a  full  time  student  in  any
  accredited  educational  institution,  or  dependent blind or physically
  disabled child of the deceased of any  age,  then  for  the  support  of
  grandchildren or brothers and sisters under the age of eighteen years or
  under  the  age  of  twenty-five  years  who  is enrolled as a full time
  student in any accredited educational institution if dependent upon  the
  deceased  at  the time of the injury, three hundred thirty-three dollars
  for each week for the support of each  such  person  until  the  age  of
  eighteen  years  or  twenty-five  years  as the case may be, and for the
  support of each parent or grandparent of the deceased if dependent  upon
  the  deceased at the time of the injury, five hundred thirty-two dollars
  for each week during such dependency but in no case shall the  aggregate
  amount  payable under this subdivision exceed eight hundred eighty-seven
  dollars per week.