N.Y. Volunteer Firefighters' Benefit Law § 7: Lt

§ 7. Lt. Michael E. Neuner/Timothy Goff memorial death benefit

program. 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

firefighter shall be paid in an amount not exceeding six thousand seven

hundred dollars; provided however, that such six thousand dollar maximum

shall not apply where a volunteer firefighter dies from injuries

received in the line of duty as a direct result of firefighting. 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

firefighter, 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 firefighter during

his or her 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. Provided, however, that

nothing herein shall be construed as affording a greater benefit for

those volunteer firefighters injured prior to the effective date of this

act, however the spouse or estate of such firefighter shall continue to

be eligible for a benefit in the sum of eleven thousand eighty-four

dollars.

3. 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 one hundred thirty dollars

for each week until remarried, and upon such remarriage the lump sum of

thirteen thousand one hundred forty-two dollars.

4. 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

ninety-five dollars for each week until remarried, and upon such

remarriage the lump sum of nine thousand eight hundred fifty-six

dollars; and an additional amount of sixty-three dollars for each week

for each such child 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 subsequent death or remarriage of such surviving spouse any

surviving child of the deceased firefighter, 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 ninety-five dollars for each week, and the same shall be

payable until he or she 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; provided that the

total amount payable for each week under this subdivision shall in no

case exceed two hundred fifty-three dollars per week. Upon statutory

termination of payments to all such children, the payments to the

surviving spouse shall be increased to one hundred thirty dollars for

each week until such spouse remarries, and upon such remarriage, such

spouse shall be paid the lump sum of twelve thousand thirty-three

dollars.

5. If there be 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 dependent blind or physically disabled child or

children of any age, but no surviving spouse, for the support of each

such child 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, ninety-five dollars for each

week; provided that the total amount payable for each week under this

subdivision shall not exceed two hundred fifty-three dollars per week.

6. 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, or if the amount payable for each week to the

surviving spouse and to children 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 such dependent

blind or physically disabled children shall be less in the aggregate

than two hundred fifty-three dollars per week, 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, seventy-nine 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 him at the time of the

injury one hundred thirty dollars for each week during such dependency,

but in no case shall the aggregate amount payable under this subdivision

exceed the difference between two hundred fifty-three dollars and the

amount payable for each week as hereinbefore provided to the surviving

spouse or for the support of a surviving child or children.

7. 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 shall have attained

the age of eighteen years. Any sum or sums remaining after such payments

shall be distributed as provided in this section.

8. 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.

9. All questions of dependency shall be determined as of the time of

the injury.

10. 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.

11. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-eight and prior to July first,

nineteen hundred seventy-eight, 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 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 two hundred

eighty-two dollars for each week until remarried, and upon such

remarriage the lump sum of twenty-nine thousand three hundred fifty-four

dollars.

12. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-eight and prior to July first,

nineteen hundred seventy-eight, 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 one

hundred fifty-six dollars for each week until remarried, and the

additional amount of one hundred thirty 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 firefighter, 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 their benefit increased to two hundred eighty-two dollars

for each week, share and share alike, and the same shall be payable

until he 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 sixteen

thousand one hundred forty-five dollars; and the surviving child shall

continue to receive weekly payments of one hundred thirty dollars; if

there be two surviving children, each shall receive one hundred six

dollars per week; and if there be more than two surviving children, they

shall receive two hundred eighty-two dollars per week, share and share

alike; and the same shall be payable until he or they shall reach the

age of eighteen years or twenty-five years, as the case may be, or until

such dependent blind or crippled condition shall have been removed. Upon

statutory termination of payments to all children, the payments to the

surviving spouse shall be increased to two hundred eighty-two dollars

for each week until such spouse remarries, and upon such remarriage,

such spouse shall be paid the lump sum of twenty-nine thousand three

hundred fifty-four dollars. In no event shall the total amount payable

for each week under this subdivision exceed two hundred eighty-two

dollars.

13. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-eight and prior to July first,

nineteen hundred seventy-eight, 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, two hundred

eighty-two dollars, share and share alike, for each week; provided that

the total amount payable for each week under this subdivision shall not

exceed two hundred eighty-two dollars per week.

14. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-eight and prior to July first,

nineteen hundred seventy-eight, 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, one hundred six 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, one hundred sixty-nine dollars for each week

during such dependency, but in no case shall the aggregate amount

payable under this subdivision exceed two hundred eighty-two dollars per

week.

15. In the case of a death of a volunteer firefighter, on or after

July first, nineteen hundred seventy-eight and prior to January first,

nineteen hundred seventy-nine, 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 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 four hundred six

dollars for each week until remarried, and upon such remarriage the lump

sum of forty-two thousand two hundred seventy dollars.

16. In the case of a death of a volunteer firefighter, on or after

July first, nineteen hundred seventy-eight and prior to January first,

nineteen hundred seventy-nine, 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 two

hundred twenty-four dollars for each week until remarried, and the

additional amount of one hundred eighty-three 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 firefighter, 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 their benefit increased to four hundred six dollars for each

week, share and share alike, and the same shall be payable until he 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 twenty three

thousand two hundred forty-eight dollars; and the surviving child shall

continue to receive weekly payments of one hundred eighty-three dollars;

if there be two surviving children, each shall receive one hundred

fifty-two dollars per week; and if there be more than two surviving

children, they shall receive four hundred six dollars per week, share

and share alike; and the same shall be payable until he or they shall

reach the age of eighteen years or twenty-five years, as the case may

be, or until such dependent blind or crippled conditions shall have been

removed. Upon statutory termination of payments to all such children,

the payments to the surviving spouse shall be increased to four hundred

six dollars for each week until such spouse remarries, and upon such

remarriage, such spouse shall be paid the lump sum of forty-two thousand

two hundred seventy dollars. In no event shall the total amount payable

for each week under this subdivision exceed four hundred six dollars.

17. In the case of a death of a volunteer firefighter, on or after

July first, nineteen hundred seventy-eight and prior to January first,

nineteen hundred seventy-nine, 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, four hundred six

dollars, share and share alike, for each week; provided that the total

amount payable for each week under this subdivision shall not exceed

four hundred six dollars per week.

18. In the case of a death of a volunteer firefighter, on or after

July first, nineteen hundred seventy-eight and prior to January first,

nineteen hundred seventy-nine, that results from service 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, one hundred fifty-two 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, two hundred forty-four dollars for each week during

such dependency, but in no case shall the aggregate amount payable under

this subdivision exceed four hundred six dollars per week.

19. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-nine, 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 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 four hundred

seventy-seven dollars for each week until remarried, and upon such

remarriage the lump sum of forty-nine thousand five hundred sixty-eight

dollars.

20. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-nine, 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 two hundred sixty-three dollars for each week until

remarried, and the additional amount of two hundred fourteen dollars and

fifty cents 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 firefighter, 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 their benefit increased to four

hundred seventy-seven dollars for each week, share and share alike, and

the same shall be payable until he 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 twenty-seven thousand two hundred

fifty-one dollars; and the surviving child shall continue to receive

weekly payments of two hundred fourteen dollars and fifty cents; if

there be two surviving children, each shall receive one hundred

seventy-eight dollars and seventy-four cents per week; and if there be

more than two surviving children, they shall receive four hundred

seventy-seven dollars per week, share and share alike; and the same

shall be payable until he or they shall reach the age of eighteen years

or twenty-five years, as the case may be, or until such dependent blind

or crippled condition shall have been removed. Upon statutory

termination of payments to all such children, the payments to the

surviving spouse shall be increased to four hundred seventy-seven

dollars for each week until such spouse remarries, and upon such

remarriage, such spouse shall be paid the lump sum of forty-nine

thousand five hundred sixty-eight dollars. In no event shall the total

amount payable for each week under this subdivision exceed four hundred

seventy-seven dollars.

21. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-nine, 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, four

hundred seventy-seven dollars, share and share alike, for each week;

provided that the total amount payable for each week under this

subdivision shall not exceed four hundred seventy-seven dollars per

week.

22. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-nine, 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, one hundred seventy-eight dollars

and seventy-four cents 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, two hundred

eighty-six dollars for each week during such dependency, but in no case

shall the aggregate amount payable under this subdivision exceed four

hundred seventy-seven dollars per week.

31. In the case of a death of a volunteer firefighter on or after July

first, nineteen hundred eighty-five, 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 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.

32. In the case of a death of a volunteer firefighter on or after July

first, nineteen hundred eighty-five, 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 firefighter, 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 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 benefit 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.

33. In the case of a death of a volunteer firefighter on or after July

first, nineteen hundred eighty-five, 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, 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.

34. In the case of a death of a volunteer firefighter on or after July

first, nineteen hundred eighty-five, 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.

43. In the case of a death of a volunteer firefighter 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.

44. In the case of a death of a volunteer firefighter 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 firefighter, 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.

45. In the case of a death of a volunteer firefighter 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.

46. In the case of a death of a volunteer firefighter 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.