N.Y. Volunteer Ambulance Workers' Benefit Law § 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.