N.Y. Volunteer Firefighters' Benefit Law § 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.