STATE OF NEW YORK ________________________________________________________________________ 711--B 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. GUNTHER, KOLB, BRINDISI, SKOUFIS, ENGLEBRIGHT, PICHARDO, BLAKE, HOOPER, STECK, MAYER, STIRPE, THIELE, JAFFEE, SKARTA- DOS, SIMANOWITZ, LUPARDO, WOERNER, JENNE, ZEBROWSKI, HUNTER, CAHILL, OTIS, RYAN, JEAN-PIERRE, CUSICK, GOTTFRIED, ROSENTHAL, LIFTON, TITUS, RAMOS, BARRETT, GJONAJ, BRONSON, PALMESANO, RAIA, MONTESANO, GRAF, LUPINACCI, CURRAN, BLANKENBUSH, WALTER, FINCH, MALLIOTAKIS, GOODELL, MURRAY, LAWRENCE, GARBARINO, BUTLER, OAKS, PALUMBO, DiPIETRO, BYRNE, NORRIS, LAVINE, D'URSO, B. MILLER, BRABENEC, JONES, McDONALD, ERRIGO, WALLACE, JOHNS, MORINELLO, M. L. MILLER, PHEFFER AMATO, CASTORINA, FAHY, WALKER, SOLAGES, BARRON, ARROYO, PELLEGRINO, NOLAN, ABINANTI, CRESPO, RODRIGUEZ, BENEDETTO, WILLIAMS, DenDEKKER, SANTABARBARA, M. G. MILLER, CARROLL, BARNWELL, PAULIN, O'DONNELL -- Multi-Sponsored by -- M. of A. BARCLAY, BUCHWALD, GALEF, KEARNS, LOPEZ, MAGEE, McDO- NOUGH, McKEVITT, McLAUGHLIN, RA, ROZIC, SCHIMMINGER, SIMON, WALSH -- read once and referred to the Committee on Local Governments -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law and the tax law, in relation to the "New York state volunteer firefighter gap coverage cancer disa- bility benefits act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York State Volunteer Firefighter Enhanced Cancer Disability 3 Benefits Act". 4 § 2. The general municipal law is amended by adding a new section 5 205-cc to read as follows: 6 § 205-cc. Volunteer firefighter enhanced cancer disability benefits. 7 A legally organized fire district, department or company shall provide EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03660-06-7

A. 711--B 2 1 and maintain for each eligible volunteer firefighter, an enhanced cancer 2 disability benefit insurance program. 3 1. Definitions. As used in this section: 4 a. "Eligible volunteer firefighter" means: 5 (i) A volunteer firefighter having five or more years of faithful and 6 actual service in the protection of life and property from fire in the 7 interior of buildings and having successfully passed a physical examina- 8 tion on entry to the firefighter service, which examination failed to 9 reveal any evidence of cancers as defined in paragraph b of this subdi- 10 vision; and 11 (ii) Having submitted proof of five years of interior firefighting 12 service by providing verification that he or she has passed at least 13 five yearly certified mask fitting tests as set forth in 29 CFR 1910.134 14 or the current National Fire Protection Association standards for mask 15 fit testing. 16 b. "Cancer" means: 17 (i) A disease caused by an uncontrolled division of abnormal cells in 18 a part of the body or a malignant growth or tumor resulting from the 19 division of abnormal cells; and 20 (ii) Affecting the prostate or breast, lymphatic, hematological diges- 21 tive, urinary, neurological, or reproductive systems, or melanoma. 22 2. An eligible volunteer firefighter shall be entitled to payment of 23 enhanced cancer benefits as follows: 24 a. A lump sum benefit of twenty-five thousand dollars for each diagno- 25 sis payable to such firefighter upon acceptable proof to the insurance 26 carrier or other payor of a diagnosis by a board certified physician in 27 the medical specialty appropriate for the type of cancer diagnosed that 28 there are one or more malignant tumors characterized by the uncontrolla- 29 ble and abnormal growth and spread of malignant cells with invasion of 30 normal tissue and that either: 31 (i) There is metastasis; and 32 (1) surgery, radiotherapy, or chemotherapy is medically necessary; or 33 (2) there is a tumor of the prostate, provided that it is treated with 34 radical prostatectomy or external beam therapy; or 35 (ii) The firefighter has terminal cancer, his or her life expectancy 36 is twenty-four months or less from the date of diagnosis, and will not 37 benefit from, or has exhausted, curative therapy. 38 b. A lump sum benefit of six thousand two hundred fifty dollars for 39 each diagnosis payable to such firefighter upon acceptable proof to the 40 insurance carrier or other payor of a diagnosis by a board certified 41 physician in the medical specialty appropriate for the type of cancer 42 involved that either: 43 (i) There is carcinoma in situ such that surgery, radiotherapy, or 44 chemotherapy has been determined to be medically necessary; 45 (ii) There are malignant tumors which are treated by endoscopic proce- 46 dures alone; or 47 (iii) There are malignant melanomas. 48 c. A monthly benefit of one thousand five hundred dollars, of which 49 the first payment shall be made six months after total disability and 50 submission of acceptable proof of said disability to the insurance 51 carrier or other payor that such disability is caused by cancer and that 52 such cancer precludes the firefighter from serving as a firefighter. 53 Such benefit shall continue for up to thirty-six consecutive monthly 54 payments. 55 (i) Such monthly benefit shall be subordinate to any other benefit 56 actually paid to the firefighter solely for such disability from any

A. 711--B 3 1 other source, not including private insurance purchased solely by the 2 firefighter, and shall be limited to the difference between the amount 3 of such other paid benefit and the amount specified herein; and 4 (ii) Any firefighter receiving such monthly benefits may be required 5 to have his or her condition reevaluated. In the event any such reevalu- 6 ation reveals that such person has regained the ability to perform 7 duties as a firefighter, then his or her monthly benefits shall cease 8 the last day of the month of reevaluation. 9 (iii) In the event that there is a subsequent reoccurrence of a disa- 10 bility caused by cancer which precludes the firefighter from serving as 11 a firefighter, he or she shall be entitled to receive any remaining 12 monthly payments. 13 d. An eligible volunteer firefighter shall also be entitled to an 14 additional payment of enhanced cancer death benefits in the amount of 15 fifty thousand dollars which is payable to such volunteer or his or her 16 beneficiary upon acceptable proof by a board certified physician that 17 such firefighter's death resulted from complications associated with 18 cancer. 19 e. Provided however, an eligible volunteer firefighter shall be ineli- 20 gible for these benefits if they are already provided paid firefighter 21 benefits under this article. 22 3. The combined total of all benefits received by any eligible volun- 23 teer firefighter pursuant to paragraphs a and b of subdivision two of 24 this section during his or her lifetime shall not exceed fifty thousand 25 dollars. 26 4. An eligible volunteer firefighter shall remain eligible for bene- 27 fits pursuant to paragraphs a, b and d of subdivision two of this 28 section for sixty months after the formal cessation of the volunteer 29 firefighter's status as an active volunteer firefighter. The fire 30 district, department or company in which such firefighter served shall 31 be responsible for payment of all premiums or other costs associated 32 with benefits provided under paragraphs a, b and d of subdivision two of 33 this section throughout the duration of the eligible volunteer fire- 34 fighter's coverage. 35 5. A fire district, department or company shall, no later than January 36 first, two thousand nineteen, show proof of insurance coverage that 37 meets the requirements of this section or shall show satisfactory proof 38 of the ability to pay such compensation to ensure adequate coverage for 39 all eligible volunteer firefighters. Such coverage shall remain in 40 effect until sixty months after the fire district, department or company 41 no longer has any volunteer firefighters who could qualify for this 42 benefit. 43 6. Any fire district, department or company that has had a volunteer 44 firefighter file a claim for or receive an enhanced cancer disability 45 benefit under the provisions of this section shall report such claims 46 filed, claims paid and types of claims to the office of fire prevention 47 and control. Beginning on January first, two thousand twenty, the office 48 of fire and prevention control shall report annually to the governor, 49 the temporary president of the senate, the speaker of the assembly, the 50 chair of the senate finance committee and the chair of the assembly ways 51 and means committee the number of firefighters who have filed claims 52 pursuant to this section and the number of firefighters who have 53 received benefits under the provisions of this section. 54 7. The office of fire prevention and control, in consultation with the 55 department of financial services and the workers' compensation board, 56 shall adopt such rules and regulations as are reasonable and necessary

A. 711--B 4 1 to implement the provisions of this section. Such regulations shall 2 include the process by which a firefighter files a claim for the 3 enhanced cancer disability benefit, how the beneficiary of such eligible 4 volunteer firefighter files a claim for the enhanced cancer death bene- 5 fit, the process by which claimants can appeal a denial of benefits and 6 what proof is deemed acceptable to qualify for such benefits. 7 § 3. Subsection (c) of section 612 of the tax law is amended by adding 8 a new paragraph 42 to read as follows: 9 (42) Insurance payments received by an eligible volunteer firefighter 10 for the cancer disability benefits in section two hundred five-cc of the 11 general municipal law to the extent includable in gross income for 12 federal income tax purposes. 13 § 4. This act shall take effect January 1, 2019; provided, however, 14 that effective immediately, the addition and/or repeal of any rule or 15 regulation necessary for the implementation of this act on its effective 16 date are authorized and directed to be made and completed on or before 17 such effective date; and provided further, however, that the regulations 18 required pursuant to subdivision 7 of section 205-cc of the general 19 municipal law as added by section two of this act shall be finalized no 20 later than June 1, 2018.