STATE OF NEW YORK
________________________________________________________________________
1411--B
Cal. No. 40
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
___________
Introduced by Sens. GRIFFO, ADDABBO, AKSHAR, AMEDORE, BONACIC, BRESLIN,
BROOKS, CARLUCCI, CROCI, GALLIVAN, HELMING, JACOBS, KAMINSKY, KENNEDY,
MARCHIONE, MURPHY, O'MARA, PHILLIPS, RITCHIE, ROBACH, TEDISCO, VALE-
SKY, YOUNG -- read twice and ordered printed, and when printed to be
committed to the Committee on Local Government -- committee discharged
and said bill committed to the Committee on Rules -- reported favora-
bly from said committee, ordered to a third reading, passed by Senate
and delivered to the Assembly, recalled, vote reconsidered, restored
to third reading, amended and ordered reprinted, retaining its place
in the order of third reading -- again amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the general municipal law and the tax law, in relation
to the "New York state volunteer firefighter gap coverage cancer disa-
bility benefits act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York State Volunteer Firefighter Enhanced Cancer Disability
3 Benefits Act".
4 § 2. The general municipal law is amended by adding a new section
5 205-cc to read as follows:
6 § 205-cc. Volunteer firefighter enhanced cancer disability benefits.
7 A legally organized fire district, department or company shall provide
8 and maintain for each eligible volunteer firefighter, an enhanced cancer
9 disability benefit insurance program.
10 1. Definitions. As used in this section:
11 a. "Eligible volunteer firefighter" means:
12 (i) A volunteer firefighter having five or more years of faithful and
13 actual service in the protection of life and property from fire in the
14 interior of buildings and having successfully passed a physical examina-
15 tion on entry to the firefighter service, which examination failed to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03660-07-7
S. 1411--B 2
1 reveal any evidence of cancers as defined in paragraph b of this subdi-
2 vision; and
3 (ii) Having submitted proof of five years of interior firefighting
4 service by providing verification that he or she has passed at least
5 five yearly certified mask fitting tests as set forth in 29 CFR 1910.134
6 or the current National Fire Protection Association standards for mask
7 fit testing.
8 b. "Cancer" means:
9 (i) A disease caused by an uncontrolled division of abnormal cells in
10 a part of the body or a malignant growth or tumor resulting from the
11 division of abnormal cells; and
12 (ii) Affecting the prostate or breast, lymphatic, hematological diges-
13 tive, urinary, neurological, or reproductive systems, or melanoma.
14 2. An eligible volunteer firefighter shall be entitled to payment of
15 enhanced cancer benefits as follows:
16 a. A lump sum benefit of twenty-five thousand dollars for each diagno-
17 sis payable to such firefighter upon acceptable proof to the insurance
18 carrier or other payor of a diagnosis by a board certified physician in
19 the medical specialty appropriate for the type of cancer diagnosed that
20 there are one or more malignant tumors characterized by the uncontrolla-
21 ble and abnormal growth and spread of malignant cells with invasion of
22 normal tissue and that either:
23 (i) There is metastasis; and
24 (1) surgery, radiotherapy, or chemotherapy is medically necessary; or
25 (2) there is a tumor of the prostate, provided that it is treated with
26 radical prostatectomy or external beam therapy; or
27 (ii) The firefighter has terminal cancer, his or her life expectancy
28 is twenty-four months or less from the date of diagnosis, and will not
29 benefit from, or has exhausted, curative therapy.
30 b. A lump sum benefit of six thousand two hundred fifty dollars for
31 each diagnosis payable to such firefighter upon acceptable proof to the
32 insurance carrier or other payor of a diagnosis by a board certified
33 physician in the medical specialty appropriate for the type of cancer
34 involved that either:
35 (i) There is carcinoma in situ such that surgery, radiotherapy, or
36 chemotherapy has been determined to be medically necessary;
37 (ii) There are malignant tumors which are treated by endoscopic proce-
38 dures alone; or
39 (iii) There are malignant melanomas.
40 c. A monthly benefit of one thousand five hundred dollars, of which
41 the first payment shall be made six months after total disability and
42 submission of acceptable proof of said disability to the insurance
43 carrier or other payor that such disability is caused by cancer and that
44 such cancer precludes the firefighter from serving as a firefighter.
45 Such benefit shall continue for up to thirty-six consecutive monthly
46 payments.
47 (i) Such monthly benefit shall be subordinate to any other benefit
48 actually paid to the firefighter solely for such disability from any
49 other source, not including private insurance purchased solely by the
50 firefighter, and shall be limited to the difference between the amount
51 of such other paid benefit and the amount specified herein; and
52 (ii) Any firefighter receiving such monthly benefits may be required
53 to have his or her condition reevaluated. In the event any such reevalu-
54 ation reveals that such person has regained the ability to perform
55 duties as a firefighter, then his or her monthly benefits shall cease
56 the last day of the month of reevaluation.
S. 1411--B 3
1 (iii) In the event that there is a subsequent reoccurrence of a disa-
2 bility caused by cancer which precludes the firefighter from serving as
3 a firefighter, he or she shall be entitled to receive any remaining
4 monthly payments.
5 d. An eligible volunteer firefighter shall also be entitled to an
6 additional payment of enhanced cancer death benefits in the amount of
7 fifty thousand dollars which is payable to such volunteer or his or her
8 beneficiary upon acceptable proof by a board certified physician that
9 such firefighter's death resulted from complications associated with
10 cancer.
11 e. Provided however, an eligible volunteer firefighter shall be ineli-
12 gible for these benefits if they are already provided paid firefighter
13 benefits under this article.
14 3. The combined total of all benefits received by any eligible volun-
15 teer firefighter pursuant to paragraphs a and b of subdivision two of
16 this section during his or her lifetime shall not exceed fifty thousand
17 dollars.
18 4. An eligible volunteer firefighter shall remain eligible for bene-
19 fits pursuant to paragraphs a, b and d of subdivision two of this
20 section for sixty months after the formal cessation of the volunteer
21 firefighter's status as an active volunteer firefighter. The fire
22 district, department or company in which such firefighter served shall
23 be responsible for payment of all premiums or other costs associated
24 with benefits provided under paragraphs a, b and d of subdivision two of
25 this section throughout the duration of the eligible volunteer fire-
26 fighter's coverage.
27 5. A fire district, department or company shall, no later than January
28 first, two thousand nineteen, show proof of insurance coverage that
29 meets the requirements of this section or shall show satisfactory proof
30 of the ability to pay such compensation to ensure adequate coverage for
31 all eligible volunteer firefighters. Such coverage shall remain in
32 effect until sixty months after the fire district, department or company
33 no longer has any volunteer firefighters who could qualify for this
34 benefit.
35 6. Any fire district, department or company that has had a volunteer
36 firefighter file a claim for or receive an enhanced cancer disability
37 benefit under the provisions of this section shall report such claims
38 filed, claims paid and types of claims to the office of fire prevention
39 and control. Beginning on January first, two thousand twenty, the office
40 of fire and prevention control shall report annually to the governor,
41 the temporary president of the senate, the speaker of the assembly, the
42 chair of the senate finance committee and the chair of the assembly ways
43 and means committee the number of firefighters who have filed claims
44 pursuant to this section and the number of firefighters who have
45 received benefits under the provisions of this section.
46 7. The office of fire prevention and control, in consultation with the
47 department of financial services and the workers' compensation board,
48 shall adopt such rules and regulations as are reasonable and necessary
49 to implement the provisions of this section. Such regulations shall
50 include the process by which a firefighter files a claim for the
51 enhanced cancer disability benefit, how the beneficiary of such eligible
52 volunteer firefighter files a claim for the enhanced cancer death bene-
53 fit, the process by which claimants can appeal a denial of benefits and
54 what proof is deemed acceptable to qualify for such benefits.
55 § 3. Subsection (c) of section 612 of the tax law is amended by adding
56 a new paragraph 42 to read as follows:
S. 1411--B 4
1 (42) Insurance payments received by an eligible volunteer firefighter
2 for the cancer disability benefits in section two hundred five-cc of the
3 general municipal law to the extent includable in gross income for
4 federal income tax purposes.
5 § 4. This act shall take effect January 1, 2019; provided, however,
6 that effective immediately, the addition and/or repeal of any rule or
7 regulation necessary for the implementation of this act on its effective
8 date are authorized and directed to be made and completed on or before
9 such effective date; and provided further, however, that the regulations
10 required pursuant to subdivision 7 of section 205-cc of the general
11 municipal law as added by section two of this act shall be finalized no
12 later than June 1, 2018.