STATE OF NEW YORK ________________________________________________________________________ 711--A 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 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 gap coverage 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. New York state volunteer firefighter gap coverage cancer 7 disability benefits act. 1. (a) As used in this section, the term 8 "eligible volunteer firefighter" shall be defined as: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03660-03-7

A. 711--A 2 1 (i) a firefighter having five or more years of faithful and actual 2 service in the protection of life and property from fire in the interior 3 of buildings and having successfully passed a physical examination on 4 entry to the firefighter service, which examination failed to reveal any 5 evidence of cancers as defined in paragraph (b) of this subdivision; and 6 (ii) having submitted proof of five years of interior firefighting 7 service by providing verification that he or she has passed at least 8 five yearly certified mask fitting tests as set forth in 29 CFR 1910.134 9 or the current national fire protection association standards for mask 10 fit testing. 11 (b) As used in this section, the term "cancer" shall be defined as: 12 (i) a disease caused by an uncontrolled division of abnormal cells in 13 a part of the body or a malignant growth or tumor resulting from the 14 division of abnormal cells; and 15 (ii) affecting the lymphatic or hematological systems or the diges- 16 tive, urinary, prostate, neurological, breast or reproductive systems or 17 melanoma. 18 2. Notwithstanding any other provision of this chapter to the contra- 19 ry, on and after January first, two thousand nineteen, each political 20 subdivision liable for benefits provided under the volunteer firefight- 21 ers' benefit law shall provide and maintain an enhanced cancer disabili- 22 ty benefit insurance program for each eligible volunteer firefighter. 23 Such eligible volunteer firefighters shall receive payments of enhanced 24 cancer benefits as follows: 25 (a) A lump sum benefit of twenty-five thousand dollars subject to 26 limitations specified in the insurance contract and payable to such 27 eligible volunteer firefighter upon acceptable proof of diagnosis by a 28 physician board certified in the medical specialty appropriate for the 29 type of cancer involved that there are one or more malignant tumors 30 characterized by the uncontrollable and abnormal growth and spread of 31 malignant cells with invasion of normal tissue and that: 32 (i) surgery, radiotherapy, chemotherapy or radiation treatments are 33 medically necessary; 34 (ii) there is a tumor of the prostate, provided that it is treated 35 with radical prostatectomy or external beam therapy; and 36 (iii) there is metastasis; or 37 (iv) the eligible volunteer firefighter has terminal cancer, his or 38 her life expectancy is twenty-four months or less from the date of diag- 39 nosis, and will not benefit from, or has exhausted, curative therapy. 40 (b) A lump sum benefit of six thousand two hundred fifty dollars 41 subject to limitations specified in the insurance contract payable to 42 such volunteer firefighter upon acceptable proof of a diagnosis by a 43 physician board certified in the medical specialty appropriate for the 44 type of cancer involved that: 45 (i) there is carcinoma in situ such that surgery, radiotherapy, or 46 chemotherapy has been determined to be medically necessary; 47 (ii) there are malignant tumors which are treated by endoscopic proce- 48 dures alone; or 49 (iii) there are malignant melanomas. 50 (c) (i) A monthly benefit of one thousand five hundred dollars payable 51 six months after total disability and submission of acceptable proof of 52 said disability to the insurance carrier or other payor caused by cancer 53 as defined in the insurance contract as precluding service as a fire- 54 fighter and continuing for up to thirty-six consecutive monthly 55 payments.

A. 711--A 3 1 (ii) The benefit under this paragraph shall be subordinate to any 2 other benefit actually paid to the firefighter for such disability from 3 any other source, not including private insurance purchased solely by 4 the firefighter, and shall be limited to the difference between the 5 amount of such other paid benefit and the amount specified under this 6 paragraph. 7 (iii) Any eligible firefighter receiving benefits under this paragraph 8 may be required to have his or her condition reevaluated. In the event 9 any such reevaluation reveals such person has regained the ability to 10 perform duties as a firefighter, then his or her benefits under this 11 paragraph shall cease the last day of the month of determination. 12 (d) An eligible volunteer firefighter shall also be eligible for 13 payment of enhanced cancer death benefits in the amount of fifty thou- 14 sand dollars which is payable to him or her upon acceptable proof by a 15 physician board certified that his or her death resulted from compli- 16 cations associated with cancer affecting the lymphatic or hematological 17 systems or the digestive, urinary, prostate, neurological, breast or 18 reproductive systems or melanoma. 19 3. The combined total of all benefits received by an eligible volun- 20 teer firefighter under paragraphs (a) and (b) of subdivision two of this 21 section during his or her lifetime shall not exceed fifty thousand 22 dollars. Benefits provided to an eligible volunteer firefighter under 23 paragraphs (a), (b) and (d) of subdivision two of this section shall 24 continue for sixty months following the formal cessation of the volun- 25 teer firefighter's status as an active volunteer firefighter. The legal- 26 ly organized fire department which the volunteer firefighter served 27 shall be responsible for payment of all premiums associated with bene- 28 fits provided under paragraphs (a), (b) and (d) of subdivision two of 29 this section throughout the sixty month term of coverage continuation. 30 4. Any department whose member has received a disability payment under 31 the provisions of this section shall report such payments to the office 32 of fire prevention and control. On January first, two thousand twenty, 33 and on the same date each year thereafter, the office of fire prevention 34 and control shall report to the legislature the number of firefighters 35 who have received benefits under the provisions of this section. 36 5. A political subdivision liable for providing insurance pursuant to 37 this section may use proceeds from real property taxes for such 38 purposes. 39 § 3. Subsection (c) of section 612 of the tax law is amended by adding 40 a new paragraph 44 to read as follows: 41 (44) Insurance payments received by an eligible volunteer firefighter 42 for the enhanced cancer benefits in section two hundred five-cc of the 43 general municipal law to the extent includable in gross income for 44 federal income tax purposes. 45 § 4. This act shall take effect January 1, 2019, provided, however, 46 that the state fire administrator shall promulgate any rules and regu- 47 lations necessary for the implementation of this act on or before such 48 effective date.