STATE OF NEW YORK ________________________________________________________________________ 5788 2023-2024 Regular Sessions IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. SLATER -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to the continuation of death benefits to a surviving spouse regardless of remarriage The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1-b, 1-c, 1-d, 2, 2-a and 2-b of section 16 of 2 the workers' compensation law, subdivisions 1-b, 1-c and 2 as amended by 3 chapter 168 of the laws of 1979, subdivisions 1-d and 2-b as added by 4 chapter 689 of the laws of 2007, and subdivision 2-a as amended by chap- 5 ter 174 of the laws of 1981, are amended and a new subdivision 2-c is 6 added to read as follows: 7 1-b. If there be a surviving spouse and no child of the deceased under 8 the age of eighteen years and no child of any age dependent blind or 9 physically disabled, and the death occurs on or after July first, nine- 10 teen hundred forty-eight, and prior to January first, nineteen hundred 11 seventy-eight, to such spouse forty per centum of the average wages of 12 the deceased [during widowhood or widowerhood with two years' compen- 13 sation in one sum, upon remarriage]; and where the death occurred prior 14 to July first, nineteen hundred forty-eight, to such wife (or dependent 15 husband) thirty per centum of such wages [during widowhood (or dependent 16 widowerhood) with two years' compensation in one sum, upon remarriage]. 17 1-c. If there be a surviving spouse and no child of the deceased under 18 the age of eighteen years or under the age of twenty-three years if 19 enrolled and attending as a full time student in an accredited educa- 20 tional institution and such enrollment and full time attendance is 21 certified by such institution and no child of any age dependent blind or 22 physically disabled, and the death occurs on or after January first, 23 nineteen hundred seventy-eight, to such spouse sixty-six and two-thirds 24 per centum of the average wages of the deceased [during widowhood or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01441-01-3
A. 5788 2 1 widowerhood with two years' compensation, in one sum, upon remarriage]. 2 Where the death occurs on or after January first, nineteen hundred 3 seventy-eight, and the spouse is receiving the survivors insurance bene- 4 fits under the social security act, the death benefit payable under this 5 section shall be reduced in accordance with the provisions of table No. 6 1 below by five per centum of the spouse's share of the survivor's 7 insurance benefits under the social security act for each ten dollars of 8 deceased's average weekly wage in excess of one hundred dollars provided 9 that in no case shall such reduction exceed fifty per centum of said 10 spouse's share of the survivors insurance benefits under the social 11 security act. 12 TABLE No. I 13 Offset provisions applicable in death benefits 14 where there is a sole surviving spouse 15 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S 16 SHARE OF SURVIVORS 17 INSURANCE BENEFITS 18 over $100 up to and including $110 ................................... 5 19 over $110 up to and including $120 .................................. 10 20 over $120 up to and including $130 .................................. 15 21 over $130 up to and including $140 .................................. 20 22 over $140 up to and including $150 .................................. 25 23 over $150 up to and including $160 .................................. 30 24 over $160 up to and including $170 .................................. 35 25 over $170 up to and including $180 .................................. 40 26 over $180 up to and including $190 .................................. 45 27 over $190 up to and including $200 .................................. 50 28 over $200 ........................................................... 50 29 1-d. If there be a surviving spouse of an employee of a private volun- 30 tary hospital killed in a World Trade Center rescue, who passed a phys- 31 ical examination upon employment as a rescue worker that failed to 32 reveal evidence of a condition that was the proximate cause of death, 33 and no child of the deceased under the age of eighteen years, or under 34 the age of twenty-three years if enrolled and attending as a full-time 35 student in an accredited educational institution and such enrollment and 36 full-time attendance is certified by such institution, and no child of 37 any age dependent blind or physically disabled, to such spouse seventy- 38 five per centum of the average wages of the deceased [during widowhood 39 or widowerhood, with two years' compensation, in one sum, upon remar- 40 riage]. Where such death occurs, and the spouse is receiving the survi- 41 vors insurance benefits under the social security act, the death benefit 42 payable under this section shall be reduced in accordance with the 43 provisions of table No. I in subdivision one-c of this section by five 44 per centum of the spouse's share of the survivor's insurance benefits 45 under the social security act for each ten dollars of deceased's average 46 weekly wage in excess of one hundred dollars; provided that in no case 47 shall such reduction exceed fifty per centum of such spouse's share of 48 the survivors insurance benefits under the social security act. 49 2. If there be a surviving spouse and a surviving child or children of 50 the deceased under the age of eighteen years or a surviving child or 51 children of any age dependent blind or physically disabled, and the 52 death occurs on or after July first, nineteen hundred forty-eight, and 53 prior to January first, nineteen hundred seventy-eight, to such spouse
A. 5788 3 1 thirty per centum of the average wages of the deceased [during widowhood 2 or widowerhood with two years' compensation in one sum, upon remar- 3 riage]; and the additional amount of twenty per centum of such wages for 4 each such child until the age of eighteen years or until the removal of 5 the dependency of the blind or physically disabled child or children; in 6 case of the subsequent death [or remarriage] of such surviving spouse 7 any surviving child of the deceased employee, at the time under eighteen 8 years of age or dependent through mental or physical infirmity, shall 9 have his or her compensation increased to thirty per centum of such 10 wages, and the same shall be payable until he or she shall reach the age 11 of eighteen years or until such dependent blind or physically disabled 12 condition shall have been removed; provided that the total amount paya- 13 ble shall in no case exceed sixty-six and two-thirds per centum of such 14 wages. Upon statutory termination of compensation payments to all such 15 children, the compensation of the surviving spouse shall be increased to 16 forty per centum of such wages [with two years' compensation, at such 17 rate, in one sum, upon remarriage]. 18 If there be a surviving wife (or dependent husband) and any of the 19 aforementioned surviving children, and the death occurred prior to July 20 first, nineteen hundred forty-eight, to such wife (or dependent husband) 21 thirty per centum of the average wages of the deceased [during widowhood 22 (or dependent widowerhood) with two years' compensation in one sum, upon 23 remarriage]; and the additional amount of ten per centum of such wages 24 for each such child until eighteen years of age or until the removal of 25 the dependency of the blind or physically disabled child or children; in 26 case of the subsequent death [or remarriage] of such surviving wife (or 27 dependent husband) any surviving child of the deceased shall have his or 28 her compensation increased to fifteen per centum of such wages until he 29 or she shall reach the age of eighteen years or until such dependent 30 blind or physically disabled condition shall have been removed; provided 31 that the total amount payable shall in no case exceed sixty-six and 32 two-thirds per centum of such wages. 33 The board may in its discretion require the appointment of a guardian 34 for the purpose of receiving the compensation of a minor child or a 35 dependent blind or physically disabled child. In the absence of such a 36 requirement by the board the appointment of a guardian for such purposes 37 shall not be necessary. 38 2-a. If there be a surviving spouse and a surviving child under the 39 age of eighteen years or under the age of twenty-three years if enrolled 40 and attending as a full time student in an accredited educational insti- 41 tution and such enrollment and full time attendance is certified by such 42 institution or a surviving child of any age dependent blind or phys- 43 ically disabled and the death occurs on or after January first, nineteen 44 hundred seventy-eight, to such spouse thirty-six and two-thirds per 45 centum of the average wages of the deceased [during widowhood or widow- 46 erhood with two years' compensation in one sum, upon remarriage]; and 47 thirty per centum of such wages to such child under the age of eighteen 48 years or under the age of twenty-three years if enrolled and attending 49 as a full time student in an accredited educational institution and such 50 enrollment and full time attendance is certified by such institution or 51 a surviving child of any age dependent blind or physically disabled; in 52 the case of the subsequent death of such surviving spouse the surviving 53 child shall have his or her compensation increased to sixty-six and 54 two-thirds per centum of such wages and the same shall be payable so 55 long as he or she is under the age of eighteen years or under the age of 56 twenty-three years if enrolled and attending as a full time student in
A. 5788 4 1 an accredited educational institution and such enrollment and full time 2 attendance is certified by such institution or a surviving child of any 3 age dependent blind or physically disabled; upon statutory termination 4 of compensation payable to such child, the compensation of the surviving 5 spouse shall be increased to sixty-six and two-thirds per centum of such 6 wages [with two years' compensation, at such rate, in one sum, upon 7 remarriage. Upon remarriage of such surviving spouse, the surviving 8 child shall continue to receive thirty per centum of such wages]. Where 9 the death occurs on or after January first, nineteen hundred seventy- 10 eight and the spouse is receiving survivors insurance benefits under the 11 social security act, the death benefit payable under this section shall 12 be reduced by five per centum of the spouse's share of the survivors 13 insurance benefits under the social security act for each ten dollars of 14 deceased's average weekly wage in excess of one hundred dollars provided 15 that in no case shall such reduction exceed fifty per centum of said 16 spouse's share of the survivors insurance benefits under the social 17 security act as set forth in table No. I below. 18 TABLE No. I 19 Offset provisions applicable in death benefits 20 where there is a surviving spouse and one child 21 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S 22 SHARE OF SURVIVORS 23 INSURANCE BENEFITS 24 over $100 up to and including $110 ................................... 5 25 over $110 up to and including $120 .................................. 10 26 over $120 up to and including $130 .................................. 15 27 over $130 up to and including $140 .................................. 20 28 over $140 up to and including $150 .................................. 25 29 over $150 up to and including $160 .................................. 30 30 over $160 up to and including $170 .................................. 35 31 over $170 up to and including $180 .................................. 40 32 over $180 up to and including $190 .................................. 45 33 over $190 up to and including $200 .................................. 50 34 over $200 ........................................................... 50 35 If there be a surviving spouse and two or more surviving children 36 under the age of eighteen years or under the age of twenty-three years 37 if enrolled and attending as a full time student in an accredited educa- 38 tional institution and such enrollment and full time attendance is 39 certified by such institution or a surviving child or children of any 40 age dependent blind or physically disabled and a death occurs on or 41 after January first, nineteen hundred seventy-eight, to such spouse 42 thirty-six and two-thirds per centum of the average wage of the deceased 43 [during widowhood or widowerhood with two years' compensation in one sum 44 upon remarriage]; and thirty per centum of such wages to such children 45 under the age of eighteen years or under the age of twenty-three years 46 if enrolled and attending as a full time student in an accredited educa- 47 tional institution and such enrollment and full time attendance is 48 certified by such institution or a surviving child or children of any 49 age dependent blind or physically disabled, share and share alike; in 50 case of the subsequent death of such surviving spouse the surviving 51 children shall have their compensation increased to sixty-six and two- 52 thirds per centum of such wages and the aggregate sum shall be payable, 53 share and share alike, so long as they are under the age of eighteen
A. 5788 5 1 years or under the age of twenty-three years if enrolled and attending 2 as a full time student in an accredited educational institution and such 3 enrollment and full time attendance is certified by such institution or 4 a surviving child or children of any age dependent blind or physically 5 disabled. [Upon remarriage of such surviving spouse, if there be two 6 surviving children each shall receive twenty-five per centum of such 7 wages, and if there are surviving more than two children under the age 8 of eighteen years or under the age of twenty-three if enrolled and 9 attending as a full time student in an accredited educational institu- 10 tion and such enrollment and full time attendance is certified by such 11 institution or a surviving child or children of any age dependent blind 12 or physically disabled sixty-six and two-thirds per centum of such wages 13 share and share alike.] Upon statutory termination of compensation paya- 14 ble to such children, the compensation of the surviving spouse shall be 15 increased to sixty-six and two-thirds per centum of such wages [with two 16 years' compensation, at such rate, in one sum, upon remarriage]. Where 17 the death occurs on or after January first, nineteen hundred seventy- 18 eight, and the spouse is receiving survivors insurance benefits under 19 the social security act, the death benefits payable under this section 20 shall be reduced by five per centum of the spouse's share of the survi- 21 vors insurance benefits under the social security act for each ten 22 dollars of deceased's average weekly wage in excess of one hundred fifty 23 dollars provided that in no case shall such reduction exceed fifty per 24 centum of said spouse's share of the survivors insurance benefits under 25 the social security act as set forth in table No. II below. 26 TABLE No. II 27 Offset provisions applicable in death benefits 28 where there is a surviving spouse and two or more children 29 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S 30 SHARE OF SURVIVORS 31 INSURANCE BENEFITS 32 over $150 up to and including $160 ................................... 5 33 over $160 up to and including $170 .................................. 10 34 over $170 up to and including $180 .................................. 15 35 over $180 up to and including $190 .................................. 20 36 over $190 up to and including $200 .................................. 25 37 over $200 up to and including $210 .................................. 30 38 over $210 up to and including $220 .................................. 35 39 over $220 up to and including $230 .................................. 40 40 over $230 up to and including $240 .................................. 45 41 over $240 up to and including $250 .................................. 50 42 over $250 ........................................................... 50 43 2-b. If there be a surviving spouse of an employee of a private volun- 44 tary hospital killed in a World Trade Center rescue, who passed a phys- 45 ical examination upon employment as a rescue worker that failed to 46 reveal evidence of a condition that was the proximate cause of death, 47 and a surviving child under the age of eighteen years, or under the age 48 of twenty-three years if enrolled and attending as a full-time student 49 in an accredited educational institution and such enrollment and full- 50 time attendance is certified by such institution, or a surviving child 51 of any age dependent blind or physically disabled, to such spouse forty 52 per centum of the average wages of the deceased [during widowhood or 53 widowerhood, with two years' compensation in one sum, upon remarriage];
A. 5788 6 1 and thirty-five per centum of such wages to such child under the age of 2 eighteen years, or under the age of twenty-three years if enrolled and 3 attending as a full-time student in an accredited educational institu- 4 tion and such enrollment and full-time attendance is certified by such 5 institution, or a surviving child of any age dependent blind or phys- 6 ically disabled; in the case of the subsequent death of such surviving 7 spouse the surviving child shall have his or her compensation increased 8 to seventy-five per centum of such wages and the same shall be payable 9 so long as he or she is under the age of eighteen years, or under the 10 age of twenty-three years if enrolled and attending as a full-time 11 student in an accredited educational institution and such enrollment and 12 full-time attendance is certified by such institution, or a surviving 13 child of any age dependent blind or physically disabled; upon statutory 14 termination of compensation payable to such child, the compensation of 15 the surviving spouse shall be increased to seventy-five per centum of 16 such wages [with two years' compensation, at such rate, in one sum, upon 17 remarriage. Upon remarriage of such surviving spouse, the surviving 18 child shall continue to receive thirty-five per centum of such wages]. 19 Where such death occurs, and the spouse is receiving survivors insurance 20 benefits under the social security act, the death benefit payable under 21 this section shall be reduced by five per centum of the spouse's share 22 of the survivors insurance benefits under the social security act for 23 each ten dollars of deceased's average weekly wage in excess of one 24 hundred dollars; provided that in no case shall such reduction exceed 25 fifty per centum of such spouse's share of the survivors insurance bene- 26 fits under the social security act as set forth in table No. I in subdi- 27 vision one-c of this section. If there be a surviving spouse of an 28 employee of a private voluntary hospital killed in a World Trade Center 29 rescue, who passed a physical examination upon employment as a rescue 30 worker that failed to reveal evidence of a condition that was the proxi- 31 mate cause of death, and two or more surviving children under the age of 32 eighteen years, or under the age of twenty-three years if enrolled and 33 attending as a full-time student in an accredited educational institu- 34 tion and such enrollment and full-time attendance is certified by such 35 institution, or a surviving child or children of any age dependent blind 36 or physically disabled and a death occurs on or after September elev- 37 enth, two thousand one, to such spouse forty per centum of the average 38 wage of the deceased [during widowhood or widowerhood with two years' 39 compensation in one sum upon remarriage]; and thirty-five per centum of 40 such wages to such children under the age of eighteen years, or under 41 the age of twenty-three years if enrolled and attending as a full-time 42 student in an accredited educational institution and such enrollment and 43 full-time attendance is certified by such institution, or a surviving 44 child or children of any age dependent blind or physically disabled, 45 share and share alike; in case of the subsequent death of such surviving 46 spouse the surviving children shall have their compensation increased to 47 seventy-five per centum of such wages and the aggregate sum shall be 48 payable, share and share alike, so long as they are under the age of 49 eighteen years, or under the age of twenty-three years if enrolled and 50 attending as a full-time student in an accredited educational institu- 51 tion and such enrollment and full-time attendance is certified by such 52 institution, or a surviving child or children of any age dependent blind 53 or physically disabled. [Upon remarriage of such surviving spouse, if 54 there be two surviving children each shall receive thirty-seven and 55 one-half per centum of such wages, and if there are surviving more than 56 two children under the age of eighteen years, or under the age of twen-
A. 5788 7 1 ty-three if enrolled and attending as a full-time student in an accred- 2 ited educational institution and such enrollment and full-time attend- 3 ance is certified by such institution, or a surviving child or children 4 of any age dependant blind or physically disabled, seventy-five per 5 centum of such wages share and share alike.] Upon statutory termination 6 of compensation payable to such children, the compensation of the 7 surviving spouse shall be increased to seventy-five per centum of such 8 wages [with two years' compensation, at such rate, in one sum, upon 9 remarriage]. Where the death occurs on or after September eleventh, two 10 thousand one, and the spouse is receiving survivors insurance benefits 11 under the social security act, the death benefits payable under this 12 section shall be reduced by five per centum of the spouse's share of the 13 survivors insurance benefits under the social security act for each ten 14 dollars of deceased's average weekly wage in excess of one hundred fifty 15 dollars; provided that in no case shall such reduction exceed fifty per 16 centum of said spouse's share of the survivors insurance benefits under 17 the social security act as set forth in table No. II in subdivision 18 two-a of this section. 19 2-c. For the purposes of the payment of benefits to a surviving spouse 20 pursuant to this section, the remarriage of such spouse shall not affect 21 his or her status as a widow or widower for purposes of this section. 22 § 2. This act shall take effect on the sixtieth day after it shall 23 have become a law.