N.Y. Workers' Compensation Law § 16: Death benefits

§ 16. Death benefits. If the injury causes death, the compensation

shall be known as a death benefit and shall be payable in the amount and

to or for the benefit of the persons following:

1. Funeral expenses. The chair shall prepare and establish a schedule

for the state or schedules limited to defined localities of maximum

charges and fees for such funeral expenses, to be determined in

accordance with, and to be subject to change pursuant to, rules

promulgated by the chair. Before preparing such schedule for the state

or schedules for limited localities, the chair shall request the

president of the New York state funeral directors' association to submit

to the chair a report on the amount of remuneration deemed by such

association to be fair and adequate for the types of funeral services

rendered under this chapter, but consideration shall also be given to

the views of other interested parties. The amounts payable by the

employer for such services shall be the actual fees and charges up to

the maximum established by such schedule. Provided, however, no such

schedule of charges and fees shall apply where a firefighter dies from

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

or where a police officer dies from injuries received in the line of

duty as a direct result of law enforcement activities, where such

funeral expenses are reasonable. If such funeral expenses shall have

been paid by the claimants entitled to compensation under this section

or by others, the funeral expenses awarded shall be made payable to such

claimants or others, otherwise they shall be made payable to the

undertaker who shall have provided burial. Funeral expenses shall be

awarded in case of all injuries causing death including cases in which

there are no persons entitled to other compensation under this chapter.

1-a. For the purpose of this section, (1) the term dependent blind or

physically disabled as used herein in relation to dependent children

shall be deemed to mean totally blind or physically disabled children

whose disablement is total and permanent, (2) the term surviving spouse

shall be deemed to mean the legal spouse but shall not include a spouse

who has abandoned the deceased, and (3) the term abandoned shall be

deemed to mean such an abandonment as would be sufficient under section

two hundred of the domestic relations law to sustain a judgment of

separation on that ground.

1-b. If there be a surviving spouse and no child of the deceased under

the age of eighteen years and no child of any age dependent blind or

physically disabled, and the death occurs on or after July first,

nineteen hundred forty-eight, and prior to January first, nineteen

hundred seventy-eight, to such spouse forty per centum of the average

wages of the deceased during widowhood or widowerhood with two years'

compensation in one sum, upon remarriage; and where the death occurred

prior to July first, nineteen hundred forty-eight, to such wife (or

dependent husband) thirty per centum of such wages during widowhood (or

dependent widowerhood) with two years' compensation in one sum, upon

remarriage.

1-c. If there be a surviving spouse and no child of the deceased under

the age of eighteen years or under the age of twenty-three years if

enrolled and attending as a full time student in an accredited

educational institution and such enrollment and full time attendance is

certified by such institution and no child of any age dependent blind or

physically disabled, and the death occurs on or after January first,

nineteen hundred seventy-eight, to such spouse sixty-six and two-thirds

per centum of the average wages of the deceased during widowhood or

widowerhood with two years' compensation, in one sum, upon remarriage.

Where the death occurs on or after January first, nineteen hundred

seventy-eight, and the spouse is receiving the survivors insurance

benefits under the social security act, the death benefit payable under

this section shall be reduced in accordance with the provisions of table

No. 1 below by five per centum of the spouse's share of the survivor's

insurance benefits under the social security act for each ten dollars of

deceased's average weekly wage in excess of one hundred dollars provided

that in no case shall such reduction exceed fifty per centum of said

spouse's share of the survivors insurance benefits under the social

security act.

TABLE No. I

Offset provisions applicable in death benefits

where there is a sole surviving spouse

AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S

SHARE OF SURVIVORS

INSURANCE BENEFITS

over $100 up to and including $110 ................................... 5

over $110 up to and including $120 .................................. 10

over $120 up to and including $130 .................................. 15

over $130 up to and including $140 .................................. 20

over $140 up to and including $150 .................................. 25

over $150 up to and including $160 .................................. 30

over $160 up to and including $170 .................................. 35

over $170 up to and including $180 .................................. 40

over $180 up to and including $190 .................................. 45

over $190 up to and including $200 .................................. 50

over $200 ........................................................... 50

1-d. If there be a surviving spouse of an employee of a private

voluntary hospital killed in a World Trade Center rescue, who passed a

physical examination upon employment as a rescue worker that failed to

reveal evidence of a condition that was the proximate cause of death,

and no child of the deceased under the age of eighteen years, or under

the age of twenty-three years if enrolled and attending as a full-time

student in an accredited educational institution and such enrollment and

full-time attendance is certified by such institution, and no child of

any age dependent blind or physically disabled, to such spouse

seventy-five per centum of the average wages of the deceased during

widowhood or widowerhood, with two years' compensation, in one sum, upon

remarriage. Where such death occurs, and the spouse is receiving the

survivors insurance benefits under the social security act, the death

benefit payable under this section shall be reduced in accordance with

the provisions of table No. I in subdivision one-c of this section by

five per centum of the spouse's share of the survivor's insurance

benefits under the social security act for each ten dollars of

deceased's average weekly wage in excess of one hundred dollars;

provided that in no case shall such reduction exceed fifty per centum of

such spouse's share of the survivors insurance benefits under the social

security act.

2. If there be a surviving spouse and a surviving child or children of

the deceased under the age of eighteen years or a surviving child or

children of any age dependent blind or physically disabled, and the

death occurs on or after July first, nineteen hundred forty-eight, and

prior to January first, nineteen hundred seventy-eight, to such spouse

thirty per centum of the average wages of the deceased during widowhood

or widowerhood with two years' compensation in one sum, upon remarriage;

and the additional amount of twenty per centum of such wages for each

such child until the age of eighteen years or until the removal of the

dependency of the blind or physically disabled child or children; in

case of the subsequent death or remarriage of such surviving spouse any

surviving child of the deceased employee, at the time under eighteen

years of age or dependent through mental or physical infirmity, shall

have his compensation increased to thirty per centum of such wages, and

the same shall be payable until he shall reach the age of eighteen years

or until such dependent blind or physically disabled condition shall

have been removed; provided that the total amount payable shall in no

case exceed sixty-six and two-thirds per centum of such wages. Upon

statutory termination of compensation payments to all such children, the

compensation of the surviving spouse shall be increased to forty per

centum of such wages with two years' compensation, at such rate, in one

sum, upon remarriage.

If there be a surviving wife (or dependent husband) and any of the

aforementioned surviving children, and the death occurred prior to July

first, nineteen hundred forty-eight, to such wife (or dependent husband)

thirty per centum of the average wages of the deceased during widowhood

(or dependent widowerhood) with two years' compensation in one sum, upon

remarriage; and the additional amount of ten per centum of such wages

for each such child until eighteen years of age or until the removal of

the dependency of the blind or physically disabled child or children; in

case of the subsequent death or remarriage of such surviving wife (or

dependent husband) any surviving child of the deceased shall have his

compensation increased to fifteen per centum of such wages until he

shall reach the age of eighteen years or until such dependent blind or

physically disabled condition shall have been removed; provided that the

total amount payable shall in no case exceed sixty-six and two-thirds

per centum of such wages.

The board may in its discretion require the appointment of a guardian

for the purpose of receiving the compensation of a minor child or a

dependent blind or physically disabled child. In the absence of such a

requirement by the board the appointment of a guardian for such purposes

shall not be necessary.

2-a. If there be a surviving spouse and a surviving child under the

age of eighteen years or under the age of twenty-three years if enrolled

and attending as a full time student in an accredited educational

institution and such enrollment and full time attendance is certified by

such institution or a surviving child of any age dependent blind or

physically disabled and the death occurs on or after January first,

nineteen hundred seventy-eight, to such spouse thirty-six and two-thirds

per centum of the average wages of the deceased during widowhood or

widowerhood with two years' compensation in one sum, upon remarriage;

and thirty per centum of such wages to such child under the age of

eighteen years or under the age of twenty-three years if enrolled and

attending as a full time student in an accredited educational

institution and such enrollment and full time attendance is certified by

such institution or a surviving child of any age dependent blind or

physically disabled; in the case of the subsequent death of such

surviving spouse the surviving child shall have his compensation

increased to sixty-six and two-thirds per centum of such wages and the

same shall be payable so long as he is under the age of eighteen years

or under the age of twenty-three years if enrolled and attending as a

full time student in an accredited educational institution and such

enrollment and full time attendance is certified by such institution or

a surviving child of any age dependent blind or physically disabled;

upon statutory termination of compensation payable to such child, the

compensation of the surviving spouse shall be increased to sixty-six and

two-thirds per centum of such wages with two years' compensation, at

such rate, in one sum, upon remarriage. Upon remarriage of such

surviving spouse, the surviving child shall continue to receive thirty

per centum of such wages. Where the death occurs on or after January

first, nineteen hundred seventy-eight and the spouse is receiving

survivors insurance benefits under the social security act, the death

benefit payable under this section shall be reduced by five per centum

of the spouse's share of the survivors insurance benefits under the

social security act for each ten dollars of deceased's average weekly

wage in excess of one hundred dollars provided that in no case shall

such reduction exceed fifty per centum of said spouse's share of the

survivors insurance benefits under the social security act as set forth

in table No. I below.

TABLE No. I

Offset provisions applicable in death benefits

where there is a surviving spouse and one child

AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S

SHARE OF SURVIVORS

INSURANCE BENEFITS

over $100 up to and including $110 ................................... 5

over $110 up to and including $120 .................................. 10

over $120 up to and including $130 .................................. 15

over $130 up to and including $140 .................................. 20

over $140 up to and including $150 .................................. 25

over $150 up to and including $160 .................................. 30

over $160 up to and including $170 .................................. 35

over $170 up to and including $180 .................................. 40

over $180 up to and including $190 .................................. 45

over $190 up to and including $200 .................................. 50

over $200 ........................................................... 50

If there be a surviving spouse and two or more surviving children

under the age of eighteen years or under the age of twenty-three years

if enrolled and attending as a full time student in an accredited

educational institution and such enrollment and full time attendance is

certified by such institution or a surviving child or children of any

age dependent blind or physically disabled and a death occurs on or

after January first, nineteen hundred seventy-eight, to such spouse

thirty-six and two-thirds per centum of the average wage of the deceased

during widowhood or widowerhood with two years' compensation in one sum

upon remarriage; and thirty per centum of such wages to such children

under the age of eighteen years or under the age of twenty-three years

if enrolled and attending as a full time student in an accredited

educational institution and such enrollment and full time attendance is

certified by such institution or a surviving child or children of any

age dependent blind or physically disabled, share and share alike; in

case of the subsequent death of such surviving spouse the surviving

children shall have their compensation increased to sixty-six and

two-thirds per centum of such wages and the aggregate sum shall be

payable, share and share alike, so long as they are under the age of

eighteen years or under the age of twenty-three years if enrolled and

attending as a full time student in an accredited educational

institution and such enrollment and full time attendance is certified by

such institution or a surviving child or children of any age dependent

blind or physically disabled. Upon remarriage of such surviving spouse,

if there be two surviving children each shall receive twenty-five per

centum of such wages, and if there are surviving more than two children

under the age of eighteen years or under the age of twenty-three if

enrolled and attending as a full time student in an accredited

educational institution and such enrollment and full time attendance is

certified by such institution or a surviving child or children of any

age dependent blind or physically disabled sixty-six and two-thirds per

centum of such wages share and share alike. Upon statutory termination

of compensation payable to such children, the compensation of the

surviving spouse shall be increased to sixty-six and two-thirds per

centum of such wages with two years' compensation, at such rate, in one

sum, upon remarriage. Where the death occurs on or after January first,

nineteen hundred seventy-eight, and the spouse is receiving survivors

insurance benefits under the social security act, the death benefits

payable under this section shall be reduced by five per centum of the

spouse's share of the survivors insurance benefits under the social

security act for each ten dollars of deceased's average weekly wage in

excess of one hundred fifty dollars provided that in no case shall such

reduction exceed fifty per centum of said spouse's share of the

survivors insurance benefits under the social security act as set forth

in table No. II below.

TABLE No. II

Offset provisions applicable in death benefits

where there is a surviving spouse and two or more children

AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S

SHARE OF SURVIVORS

INSURANCE BENEFITS

over $150 up to and including $160 ................................... 5

over $160 up to and including $170 .................................. 10

over $170 up to and including $180 .................................. 15

over $180 up to and including $190 .................................. 20

over $190 up to and including $200 .................................. 25

over $200 up to and including $210 .................................. 30

over $210 up to and including $220 .................................. 35

over $220 up to and including $230 .................................. 40

over $230 up to and including $240 .................................. 45

over $240 up to and including $250 .................................. 50

over $250 ........................................................... 50

2-b. If there be a surviving spouse of an employee of a private

voluntary hospital killed in a World Trade Center rescue, who passed a

physical examination upon employment as a rescue worker that failed to

reveal evidence of a condition that was the proximate cause of death,

and a surviving child under the age of eighteen years, or under the age

of twenty-three years if enrolled and attending as a full-time student

in an accredited educational institution and such enrollment and

full-time attendance is certified by such institution, or a surviving

child of any age dependent blind or physically disabled, to such spouse

forty per centum of the average wages of the deceased during widowhood

or widowerhood, with two years' compensation in one sum, upon

remarriage; and thirty-five per centum of such wages to such child under

the age of eighteen years, or under the age of twenty-three years if

enrolled and attending as a full-time student in an accredited

educational institution and such enrollment and full-time attendance is

certified by such institution, or a surviving child of any age dependent

blind or physically disabled; in the case of the subsequent death of

such surviving spouse the surviving child shall have his or her

compensation increased to seventy-five per centum of such wages and the

same shall be payable so long as he or she is under the age of eighteen

years, or under the age of twenty-three years if enrolled and attending

as a full-time student in an accredited educational institution and such

enrollment and full-time attendance is certified by such institution, or

a surviving child of any age dependent blind or physically disabled;

upon statutory termination of compensation payable to such child, the

compensation of the surviving spouse shall be increased to seventy-five

per centum of such wages with two years' compensation, at such rate, in

one sum, upon remarriage. Upon remarriage of such surviving spouse, the

surviving child shall continue to receive thirty-five per centum of such

wages. Where such death occurs, and the spouse is receiving survivors

insurance benefits under the social security act, the death benefit

payable under this section shall be reduced by five per centum of the

spouse's share of the survivors insurance benefits under the social

security act for each ten dollars of deceased's average weekly wage in

excess of one hundred dollars; provided that in no case shall such

reduction exceed fifty per centum of such spouse's share of the

survivors insurance benefits under the social security act as set forth

in table No. I in subdivision one-c of this section. If there be a

surviving spouse of an employee of a private voluntary hospital killed

in a World Trade Center rescue, who passed a physical examination upon

employment as a rescue worker that failed to reveal evidence of a

condition that was the proximate cause of death, and two or more

surviving children under the age of eighteen years, or under the age of

twenty-three years if enrolled and attending as a full-time student in

an accredited educational institution and such enrollment and full-time

attendance is certified by such institution, or a surviving child or

children of any age dependent blind or physically disabled and a death

occurs on or after September eleventh, two thousand one, to such spouse

forty per centum of the average wage of the deceased during widowhood or

widowerhood with two years' compensation in one sum upon remarriage; and

thirty-five per centum of such wages to such children under the age of

eighteen years, or under the age of twenty-three years if enrolled and

attending as a full-time student in an accredited educational

institution and such enrollment and full-time attendance is certified by

such institution, or a surviving child or children of any age dependent

blind or physically disabled, share and share alike; in case of the

subsequent death of such surviving spouse the surviving children shall

have their compensation increased to seventy-five per centum of such

wages and the aggregate sum shall be payable, share and share alike, so

long as they are under the age of eighteen years, or under the age of

twenty-three years if enrolled and attending as a full-time student in

an accredited educational institution and such enrollment and full-time

attendance is certified by such institution, or a surviving child or

children of any age dependent blind or physically disabled. Upon

remarriage of such surviving spouse, if there be two surviving children

each shall receive thirty-seven and one-half per centum of such wages,

and if there are surviving more than two children under the age of

eighteen years, or under the age of twenty-three if enrolled and

attending as a full-time student in an accredited educational

institution and such enrollment and full-time attendance is certified by

such institution, or a surviving child or children of any age dependant

blind or physically disabled, seventy-five per centum of such wages

share and share alike. Upon statutory termination of compensation

payable to such children, the compensation of the surviving spouse shall

be increased to seventy-five per centum of such wages with two years'

compensation, at such rate, in one sum, upon remarriage. Where the death

occurs on or after September eleventh, two thousand one, and the spouse

is receiving survivors insurance benefits under the social security act,

the death benefits payable under this section shall be reduced by five

per centum of the spouse's share of the survivors insurance benefits

under the social security act for each ten dollars of deceased's average

weekly wage in excess of one hundred fifty dollars; provided that in no

case shall such reduction exceed fifty per centum of said spouse's share

of the survivors insurance benefits under the social security act as set

forth in table No. II in subdivision two-a of this section.

3. If there be a surviving child or children of the deceased under the

age of eighteen years or a dependent blind or physically disabled child

or children of any age, but no surviving spouse then where the death

occurs on or after July first, nineteen hundred forty-eight, and prior

to January first, nineteen hundred seventy-eight, for the support of

each such child until the age of eighteen years, or until the removal of

the dependency of such blind or physically disabled child or children,

thirty per centum of the wages of the deceased, and where the death

occurred prior to July first, nineteen hundred forty-eight, for the

support of each such child until the age of eighteen years, or until the

removal of the dependency of such blind or physically disabled child or

children, fifteen per centum of the wages of the deceased; provided that

the aggregate shall in no case exceed sixty-six and two-thirds per

centum of such wages.

3-a. If there be a surviving child or children of the deceased under

the age of eighteen years or under the age of twenty-three years if

enrolled and attending as a full time student in an accredited

educational institution and such enrollment and full time attendance is

certified by such institution or a dependent blind or physically

disabled child or children of any age, but no surviving spouse then

where the death occurs on or after January first, nineteen hundred

seventy-eight, for the support of such child or children until the age

of eighteen years, or under the age of twenty-three years if enrolled

and attending as a full time student in an accredited educational

institution and such enrollment and full time attendance is certified by

such institution or until the removal of the dependency of such blind or

physically disabled child or children, sixty-six and two-thirds per

centum of the wages of the deceased. Where there are two or more

children, the compensation payable shall be divided among such children

share and share alike.

3-b. If there be a surviving child or children, of an employee of a

private voluntary hospital killed in a World Trade Center rescue, who

passed a physical examination upon employment as a rescue worker that

failed to reveal evidence of a condition that was the proximate cause of

death, under the age of eighteen years, or under the age of twenty-three

years if enrolled and attending as a full-time student in an accredited

educational institution and such enrollment and full-time attendance is

certified by such institution, or a dependent blind or physically

disabled child, or children of any age, but no surviving spouse then,

where such death occurs, for the support of each such child until the

age of eighteen years, or under the age of twenty-three years if

enrolled and attending as a full-time student in an accredited

educational institution and such enrollment and full-time attendance is

certified by such institution or until the removal of the dependency of

such blind or physically disabled child or children, seventy-five per

centum of the wages of the deceased. Where there are two or more

children, the compensation payable shall be divided among such children

share and share alike.

4. If there be no surviving spouse or child under the age of eighteen

years, or dependent blind or physically disabled child of any age, or if

the amount payable to surviving spouse and to children under the age of

eighteen years or such dependent blind or physically disabled children

shall be less in the aggregate than sixty-six and two-thirds per centum

of the average wages of the deceased, then where the death occurs on or

after July first, nineteen hundred forty-eight, and prior to January

first, nineteen hundred seventy-eight, for the support of grandchildren

or brothers and sisters under the age of eighteen years, if dependent

upon the deceased at the time of the accident, twenty-five per centum of

such wages for the support of each such person until the age of eighteen

years; and for the support of each parent, or grandparent, of the

deceased if dependent upon him at the time of the accident, forty per

centum of such wages during such dependency; and where the death

occurred prior to July first, nineteen hundred forty-eight, to such

dependent grandchildren or brothers and sisters, fifteen per centum of

such wages until eighteen years of age, and to such dependent parent or

grandparent, twenty-five per centum of such wages during dependency. But

in no case shall the aggregate amount payable under this subdivision

exceed the difference between sixty-six and two-thirds per centum of

such wages, and the amount payable as hereinbefore provided to surviving

spouse or for the support of surviving child or children.

4-a. If there be no surviving spouse or child under the age of

eighteen years or under the age of twenty-three years if enrolled and

attending as a full time student in an accredited educational

institution and such enrollment and full time attendance is certified by

such institution or dependent blind or physically disabled child of any

age, then where the death occurs on or after January first, nineteen

hundred seventy-eight, for the support of grandchildren or brothers and

sisters if dependent upon the deceased at the time of the accident,

under the age of eighteen years, or under the age of twenty-three years

if enrolled and attending as a full time student in an accredited

educational institution and such enrollment and full time attendance is

certified by such institution, or blind or physically disabled

grandchildren or brothers and sisters of any age, twenty-five per centum

of such wages for the support of each such person until the age of

eighteen years; or until the age of twenty-three years if enrolled and

attending as a full time student in an accredited educational

institution or until the removal of the dependency of such blind or

physically disabled grandchildren or brothers and sisters, and such

enrollment and full time attendance is certified by such institution and

for the support of each parent, or grandparent, of the deceased if

dependent upon him or her at the time of the accident, forty per centum

of such wages during such dependency. But in no case shall the aggregate

amount payable under this subdivision exceed sixty-six and two-thirds

per centum of such wages.

4-b. If there be no surviving spouse or child under the age of

eighteen years or under the age of twenty-three years if enrolled and

attending as a full time student in an accredited educational

institution and such enrollment and full time attendance is certified by

such institution or dependent blind or physically disabled child of any

age or grandchildren or brothers and sisters if dependent upon the

deceased at the time of the accident, under the age of eighteen years,

or under the age of twenty-three years if enrolled and attending as a

full time student in an accredited educational institution and such

enrollment and full time attendance is certified by such institution or

disabled blind or physically disabled grandchildren or brothers and

sisters of any age, then a sum of fifty thousand dollars shall be paid

to the deceased's surviving parents or if there be no surviving parents

to the deceased's estate.

4-c. If there be no surviving spouse or child, or children of an

employee of a private voluntary hospital killed in a World Trade Center

rescue, who passed a physical examination upon employment as a rescue

worker that failed to reveal evidence of a condition that was the

proximate cause of death, under the age of eighteen years, or under the

age of twenty-three years if enrolled and attending as a full-time

student in an accredited educational institution and such enrollment and

full-time attendance is certified by such institution, or dependent

blind or physically disabled child of any age, then where the death

occurs on or after September eleventh, two thousand one, for the support

of grandchildren or brothers and sisters if dependent upon the deceased

at the time of the accident, under the age of eighteen years, or under

the age of twenty-three years if enrolled and attending as a full-time

student in an accredited educational institution and such enrollment and

full-time attendance is certified by such institution, or blind or

physically disabled grandchildren or brothers and sisters of any age,

twenty-five per centum of such wages for the support of each such person

until the age of eighteen years; or until the age of twenty-three years

if enrolled and attending as a full-time student in an accredited

educational institution, or until the removal of the dependency of such

blind or physically disabled grandchildren or brothers and sisters, and

such enrollment and full-time attendance is certified by such

institution and for the support of each parent, or grandparent, of the

deceased if dependent upon him or her at the time of the accident, forty

per centum of such wages during such dependency. But in no case shall

the aggregate amount payable under this subdivision exceed seventy-five

per centum of such wages.

4-d. If there be no surviving spouse or child, or children of an

employee of a private voluntary hospital killed in a World Trade Center

rescue, who passed a physical examination upon employment as a rescue

worker that failed to reveal evidence of a condition that was the

proximate cause of death, under the age of eighteen years, or under the

age of twenty-three years if enrolled and attending as a full-time

student in an accredited educational institution and such enrollment and

full-time attendance is certified by such institution, or dependent

blind or physically disabled child of any age, or grandchildren or

brothers and sisters if dependent upon the deceased at the time of the

accident, under the age of eighteen years, or under the age of

twenty-three years if enrolled and attending as a full-time student in

an accredited educational institution and such enrollment and full-time

attendance is certified by such institution, or disabled blind or

physically disabled grandchildren or brothers and sisters of any age,

then a sum of fifty thousand dollars shall be paid to the deceased's

surviving parents or if there be no surviving parents to the deceased's

estate.

5. Any excess of wages over: (1) seven hundred fifty dollars shall not

be taken into account in computing compensation under this section in

cases where the death occurs on or after July first, two thousand seven,

(2) eight hundred twenty-five dollars shall not be taken into account in

computing compensation under this section in cases where the death

occurs on or after July first, two thousand eight, (3) nine hundred

dollars shall not be taken into account in computing compensation under

this section in cases where the death occurs on or after July first, two

thousand nine, and (4) where the death occurs on or after July first,

two thousand ten, or when the death occurs on or after July first of

each succeeding year, an amount equal to the New York state average

weekly wage for the year in which it is reported shall not be taken into

account in computing compensation under this section. Any excess of

wages over five hundred ten dollars and five cents per week shall not be

taken into account in computing compensation under this section in cases

where the death occurs on or after July first, nineteen hundred ninety,

nor shall any excess of wages over five hundred twenty-five dollars per

week be taken into account in computing compensation pursuant to this

section in cases where death occurs on or after July first, nineteen

hundred ninety-one, nor shall any excess of wages over six hundred

dollars per week be taken into account in computing compensation

pursuant to this section in cases where death occurs on or after July

first, nineteen hundred ninety-two with the exception that wages earned

over six hundred dollars per week shall be taken into account in

computing compensation under this section in cases involving an employee

of a private voluntary hospital resulting from a World Trade Center

rescue, who passed a physical examination upon employment as a rescue

worker that failed to reveal evidence of a condition that was the

proximate cause of death; nor shall any excess of wages over three

hundred eighty-two dollars and fifty cents per week be taken into

account in computing compensation under this section in cases where the

death occurs on or after July first, nineteen hundred eighty-three, nor

shall any excess of wages over four hundred twelve dollars and fifty

cents per week be taken into account in computing compensation under

this section in cases where the death occurs on or after July first,

nineteen hundred eighty-four, nor shall any excess of wages over four

hundred fifty dollars per week be taken into account in computing

compensation under this section in cases where the death occurs on or

after July first, nineteen hundred eighty-five; nor shall any excess of

wages over one hundred eighty-seven dollars and fifty cents per week on

or after January first, nineteen hundred seventy-eight or over two

hundred seventy dollars per week on or after July first, nineteen

hundred seventy-eight or over three hundred twenty-two dollars and fifty

cents per week on or after January first, nineteen hundred seventy-nine,

and prior to July first, nineteen hundred eighty-three, be taken into

account in computing compensation under this section nor shall any

excess of wages over six hundred and seventeen dollars and fifty cents a

month be taken into account in computing compensation under this section

in cases where the death occurred on or after July first, nineteen

hundred seventy-four, and prior to January first, nineteen hundred

seventy-eight, nor shall any excess of wages over five hundred and

twenty dollars a month be taken into account in computing compensation

in cases where death occurred on or after July first, nineteen hundred

seventy and prior to July first, nineteen hundred seventy-four, nor

shall any excess of wages over four hundred and fifty-five dollars a

month be taken into account in computing compensation in cases where

death occurred on or after July first, nineteen hundred sixty-eight and

prior to July first, nineteen hundred seventy, nor shall any excess of

wages over three hundred and ninety dollars a month be taken into

account in computing compensation in cases where death occurred on or

after July first, nineteen hundred sixty-five and prior to July first,

nineteen hundred sixty-eight, nor shall any excess of wages over three

hundred and fifty-seven dollars and fifty cents a month be taken into

account in computing compensation in cases where death occurred on or

after July first, nineteen hundred sixty-two and prior to July first,

nineteen hundred sixty-five, nor shall any excess of wages over three

hundred and twenty-five dollars a month be taken into account in

computing compensation in cases where death occurred on or after July

first, nineteen hundred sixty and prior to July first, nineteen hundred

sixty-two, nor shall any excess of wages over two hundred and ninety-two

dollars and fifty cents a month be taken into account in computing

compensation where death occurred on or after July first, nineteen

hundred fifty-eight and prior to July first, nineteen hundred sixty, nor

shall any excess of wages over two hundred and sixty dollars a month be

taken into account in computing compensation where death occurred on or

after July first, nineteen hundred fifty-four and prior to July first,

nineteen hundred fifty-eight, nor shall any excess of wages over two

hundred and twenty-seven dollars and fifty cents a month be taken into

account in computing compensation where death occurred on or after July

first, nineteen hundred forty-eight and prior to July first, nineteen

hundred fifty-four, nor shall any excess of wages over one hundred and

eighty-two dollars a month be taken into account in computing

compensation where the death occurred on or after June first, nineteen

hundred forty-six and prior to July first, nineteen hundred forty-eight.

When death occurred on or after July first, nineteen hundred forty-eight

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

compensation to the widow or widower and children of a deceased employee

in no event shall wages be deemed to be less than one hundred and thirty

dollars a month. All questions of dependency shall be determined as of

the time of the accident. When death occurred on or after January first,

nineteen hundred seventy-eight, in no event shall wages be deemed to be

less than forty-five dollars a week in computing compensation to the

widow or widower and/or children of the deceased employee.

6. If there be a person entitled to death benefits under the

provisions of this section, who shall be under the age of eighteen

years, and who shall be an incarcerated individual of any institution

and a public charge upon the department of social services of the city

of New York, or any other department or body, the benefits allowed

hereunder shall be payable to the said department of public welfare of

the city of New York or any other department or body to the extent of

the reasonable charges for the care and maintenance, during the

continuance as a public charge in said institution, of said beneficiary

and until the said person shall have attained the age of eighteen years.

Any sum or sums remaining after the said payment out of the benefits

shall be distributed as provided by the other subdivisions of this

section.

7. In computing the offsets under subdivisions one-c and two-a of this

section any increase in survivors insurance benefits under social

security that occurs after the date of death shall not be considered,

and any such offset shall be equally applicable to the survivors

insurance benefits under the social security act which are received

retroactively but such offset shall not apply to increases of such

benefits received retroactively.