State Codes and Statutes

Statutes > New-york > Vol > Article-2 > 7

§ 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 fireman,  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  fireman  during  his  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 firemen injured prior to  the  effective  date  of  this  act,  however  the  spouse  or  estate  of  such  fireman 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  fireman, 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 benefit increased  to ninety-five dollars for each week, and  the  same  shall  be  payable  until  he 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  ofpayments  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 inthe 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-fiveyears, 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 survivingspouse  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 fireman, 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 fireman, 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 fireman, on or after January  first,   nineteen  hundred  seventy-nine,  that  results  from  servicesperformed 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 fireman  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 fireman 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 fireman, 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 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 they shall reach the age of eighteen years  or twenty-five years, as the case may be, or until such dependent  blindor 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 fireman  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 fireman  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  fulltime  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 duringsuch  dependency but in no case shall the aggregate amount payable under  this subdivision exceed eight hundred eighty-seven dollars per week.

State Codes and Statutes

Statutes > New-york > Vol > Article-2 > 7

§ 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 fireman,  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  fireman  during  his  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 firemen injured prior to  the  effective  date  of  this  act,  however  the  spouse  or  estate  of  such  fireman 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  fireman, 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 benefit increased  to ninety-five dollars for each week, and  the  same  shall  be  payable  until  he 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  ofpayments  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 inthe 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-fiveyears, 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 survivingspouse  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 fireman, 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 fireman, 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 fireman, on or after January  first,   nineteen  hundred  seventy-nine,  that  results  from  servicesperformed 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 fireman  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 fireman 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 fireman, 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 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 they shall reach the age of eighteen years  or twenty-five years, as the case may be, or until such dependent  blindor 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 fireman  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 fireman  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  fulltime  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 duringsuch  dependency but in no case shall the aggregate amount payable under  this subdivision exceed eight hundred eighty-seven dollars per week.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Vol > Article-2 > 7

§ 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 fireman,  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  fireman  during  his  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 firemen injured prior to  the  effective  date  of  this  act,  however  the  spouse  or  estate  of  such  fireman 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  fireman, 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 benefit increased  to ninety-five dollars for each week, and  the  same  shall  be  payable  until  he 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  ofpayments  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 inthe 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-fiveyears, 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 survivingspouse  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 fireman, 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 fireman, 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 fireman, on or after January  first,   nineteen  hundred  seventy-nine,  that  results  from  servicesperformed 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 fireman  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 fireman 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 fireman, 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 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 they shall reach the age of eighteen years  or twenty-five years, as the case may be, or until such dependent  blindor 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 fireman  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 fireman  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  fulltime  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 duringsuch  dependency but in no case shall the aggregate amount payable under  this subdivision exceed eight hundred eighty-seven dollars per week.