State Codes and Statutes

Statutes > New-york > Wkc > Article-2 > 16

§  16.  Death  benefits.  If the injury causes death, the compensation  shall be known as a death benefit and shall be payable in the amount and  to or for the benefit of the persons following:    1. Funeral expenses. The chair shall prepare and establish a  schedule  for  the  state  or  schedules  limited to defined localities of maximum  charges and  fees  for  such  funeral  expenses,  to  be  determined  in  accordance  with,  and  to  be  subject  to  change  pursuant  to, rules  promulgated by the chair. Before preparing such schedule for  the  state  or  schedules  for  limited  localities,  the  chair  shall  request the  president of the New York state funeral directors' association to submit  to the chair a report on the  amount  of  remuneration  deemed  by  such  association  to  be  fair and adequate for the types of funeral services  rendered under this chapter, but consideration shall also  be  given  to  the  views  of  other  interested  parties.  The  amounts payable by the  employer for such services shall be the actual fees and  charges  up  to  the  maximum  established  by  such schedule. Provided, however, no such  schedule of charges and fees shall apply where a firefighter  dies  from  injuries received in the line of duty as a direct result of firefighting  or  where  a  police  officer dies from injuries received in the line of  duty as a direct  result  of  law  enforcement  activities,  where  such  funeral  expenses  are  reasonable.  If such funeral expenses shall have  been paid by the claimants entitled to compensation under  this  section  or by others, the funeral expenses awarded shall be made payable to such  claimants  or  others,  otherwise  they  shall  be  made  payable to the  undertaker who shall have provided burial.  Funeral  expenses  shall  be  awarded  in  case of all injuries causing death including cases in which  there are no persons entitled to other compensation under this chapter.    1-a. For the purpose of this section, (1) the term dependent blind  or  physically  disabled  as  used  herein in relation to dependent children  shall be deemed to mean totally blind or  physically  disabled  children  whose  disablement is total and permanent, (2) the term surviving spouse  shall be deemed to mean the legal spouse but shall not include a  spouse  who  has  abandoned  the  deceased,  and (3) the term abandoned shall be  deemed to mean such an abandonment as would be sufficient under  section  two  hundred  of  the  domestic  relations  law to sustain a judgment of  separation on that ground.    1-b. If there be a surviving spouse and no child of the deceased under  the age of eighteen years and no child of any  age  dependent  blind  or  physically  disabled,  and  the  death  occurs  on  or after July first,  nineteen hundred forty-eight,  and  prior  to  January  first,  nineteen  hundred  seventy-eight,  to  such spouse forty per centum of the average  wages of the deceased during widowhood or widowerhood  with  two  years'  compensation  in  one sum, upon remarriage; and where the death occurred  prior to July first, nineteen hundred  forty-eight,  to  such  wife  (or  dependent  husband) thirty per centum of such wages during widowhood (or  dependent widowerhood) with two years' compensation  in  one  sum,  upon  remarriage.    1-c. If there be a surviving spouse and no child of the deceased under  the  age  of  eighteen  years  or under the age of twenty-three years if  enrolled  and  attending  as  a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is  certified by such institution and no child of any age dependent blind or  physically disabled, and the death occurs on  or  after  January  first,  nineteen  hundred seventy-eight, to such spouse sixty-six and two-thirds  per centum of the average wages of  the  deceased  during  widowhood  or  widowerhood  with  two years' compensation, in one sum, upon remarriage.  Where the death occurs on  or  after  January  first,  nineteen  hundred  seventy-eight,  and  the  spouse  is  receiving  the survivors insurancebenefits under the social security act, the death benefit payable  under  this section shall be reduced in accordance with the provisions of table  No.  1  below by five per centum of the spouse's share of the survivor's  insurance benefits under the social security act for each ten dollars of  deceased's average weekly wage in excess of one hundred dollars provided  that  in  no  case  shall such reduction exceed fifty per centum of said  spouse's share of the survivors  insurance  benefits  under  the  social  security act.                                 TABLE No. I                Offset provisions applicable in death benefits                   where there is a sole surviving spouse   AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S                                                        SHARE OF SURVIVORS                                                        INSURANCE BENEFITS   over $100 up to and including $110 ................................... 5  over $110 up to and including $120 .................................. 10  over $120 up to and including $130 .................................. 15  over $130 up to and including $140 .................................. 20  over $140 up to and including $150 .................................. 25  over $150 up to and including $160 .................................. 30  over $160 up to and including $170 .................................. 35  over $170 up to and including $180 .................................. 40  over $180 up to and including $190 .................................. 45  over $190 up to and including $200 .................................. 50  over $200 ........................................................... 50    1-d.  If  there  be  a  surviving  spouse  of an employee of a private  voluntary hospital killed in a World Trade Center rescue, who  passed  a  physical  examination  upon employment as a rescue worker that failed to  reveal evidence of a condition that was the proximate  cause  of  death,  and  no  child of the deceased under the age of eighteen years, or under  the age of twenty-three years if enrolled and attending as  a  full-time  student in an accredited educational institution and such enrollment and  full-time  attendance  is certified by such institution, and no child of  any  age  dependent  blind  or  physically  disabled,  to  such   spouse  seventy-five  per  centum  of  the  average wages of the deceased during  widowhood or widowerhood, with two years' compensation, in one sum, upon  remarriage. Where such death occurs, and the  spouse  is  receiving  the  survivors  insurance  benefits  under the social security act, the death  benefit payable under this section shall be reduced in  accordance  with  the  provisions  of  table No. I in subdivision one-c of this section by  five per centum of  the  spouse's  share  of  the  survivor's  insurance  benefits  under  the  social  security  act  for  each  ten  dollars  of  deceased's average  weekly  wage  in  excess  of  one  hundred  dollars;  provided that in no case shall such reduction exceed fifty per centum of  such spouse's share of the survivors insurance benefits under the social  security act.    2. If there be a surviving spouse and a surviving child or children of  the  deceased  under  the  age of eighteen years or a surviving child or  children of any age dependent blind  or  physically  disabled,  and  the  death  occurs  on or after July first, nineteen hundred forty-eight, and  prior to January first, nineteen hundred seventy-eight, to  such  spouse  thirty  per centum of the average wages of the deceased during widowhood  or widowerhood with two years' compensation in one sum, upon remarriage;  and the additional amount of twenty per centum of such  wages  for  each  such  child  until the age of eighteen years or until the removal of thedependency of the blind or physically disabled  child  or  children;  in  case  of the subsequent death or remarriage of such surviving spouse any  surviving child of the deceased employee, at  the  time  under  eighteen  years  of  age  or dependent through mental or physical infirmity, shall  have his compensation increased to thirty per centum of such wages,  and  the same shall be payable until he shall reach the age of eighteen years  or  until  such  dependent  blind or physically disabled condition shall  have been removed; provided that the total amount payable  shall  in  no  case  exceed  sixty-six  and  two-thirds  per centum of such wages. Upon  statutory termination of compensation payments to all such children, the  compensation of the surviving spouse shall be  increased  to  forty  per  centum  of such wages with two years' compensation, at such rate, in one  sum, upon remarriage.    If there be a surviving wife (or dependent husband)  and  any  of  the  aforementioned  surviving children, and the death occurred prior to July  first, nineteen hundred forty-eight, to such wife (or dependent husband)  thirty per centum of the average wages of the deceased during  widowhood  (or dependent widowerhood) with two years' compensation in one sum, upon  remarriage;  and  the  additional amount of ten per centum of such wages  for each such child until eighteen years of age or until the removal  of  the dependency of the blind or physically disabled child or children; in  case  of  the  subsequent death or remarriage of such surviving wife (or  dependent husband) any surviving child of the deceased  shall  have  his  compensation  increased  to  fifteen  per  centum of such wages until he  shall reach the age of eighteen years or until such dependent  blind  or  physically disabled condition shall have been removed; provided that the  total  amount  payable  shall in no case exceed sixty-six and two-thirds  per centum of such wages.    The board may in its discretion require the appointment of a  guardian  for  the  purpose  of  receiving  the compensation of a minor child or a  dependent blind or physically disabled child. In the absence of  such  a  requirement by the board the appointment of a guardian for such purposes  shall not be necessary.    2-a.  If  there  be a surviving spouse and a surviving child under the  age of eighteen years or under the age of twenty-three years if enrolled  and attending as a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such  institution  or  a  surviving  child of any age dependent blind or  physically disabled and the death occurs  on  or  after  January  first,  nineteen hundred seventy-eight, to such spouse thirty-six and two-thirds  per  centum  of  the  average  wages of the deceased during widowhood or  widowerhood with two years' compensation in one  sum,  upon  remarriage;  and  thirty  per  centum  of  such  wages to such child under the age of  eighteen years or under the age of twenty-three years  if  enrolled  and  attending   as   a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such institution or a surviving child of  any  age  dependent  blind  or  physically  disabled;  in  the  case  of  the  subsequent  death of such  surviving  spouse  the  surviving  child  shall  have  his  compensation  increased  to  sixty-six and two-thirds per centum of such wages and the  same shall be payable so long as he is under the age of  eighteen  years  or  under  the  age of twenty-three years if enrolled and attending as a  full time student in an  accredited  educational  institution  and  such  enrollment  and full time attendance is certified by such institution or  a surviving child of any age dependent  blind  or  physically  disabled;  upon  statutory  termination  of compensation payable to such child, the  compensation of the surviving spouse shall be increased to sixty-six and  two-thirds per centum of such wages with  two  years'  compensation,  atsuch  rate,  in  one  sum,  upon  remarriage.  Upon  remarriage  of such  surviving spouse, the surviving child shall continue to  receive  thirty  per  centum  of  such  wages. Where the death occurs on or after January  first,  nineteen  hundred  seventy-eight  and  the  spouse  is receiving  survivors insurance benefits under the social security  act,  the  death  benefit  payable  under this section shall be reduced by five per centum  of the spouse's share of the  survivors  insurance  benefits  under  the  social  security  act  for each ten dollars of deceased's average weekly  wage in excess of one hundred dollars provided that  in  no  case  shall  such  reduction  exceed  fifty  per centum of said spouse's share of the  survivors insurance benefits under the social security act as set  forth  in table No. I below.                                  TABLE No. I                Offset provisions applicable in death benefits               where there is a surviving spouse and one child   AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S                                                        SHARE OF SURVIVORS                                                        INSURANCE BENEFITS  over $100 up to and including $110 ................................... 5  over $110 up to and including $120 .................................. 10  over $120 up to and including $130 .................................. 15  over $130 up to and including $140 .................................. 20  over $140 up to and including $150 .................................. 25  over $150 up to and including $160 .................................. 30  over $160 up to and including $170 .................................. 35  over $170 up to and including $180 .................................. 40  over $180 up to and including $190 .................................. 45  over $190 up to and including $200 .................................. 50  over $200 ........................................................... 50    If  there  be  a  surviving  spouse and two or more surviving children  under the age of eighteen years or under the age of  twenty-three  years  if  enrolled  and  attending  as  a  full  time student in an accredited  educational institution and such enrollment and full time attendance  is  certified  by  such  institution or a surviving child or children of any  age dependent blind or physically disabled and  a  death  occurs  on  or  after  January  first,  nineteen  hundred  seventy-eight, to such spouse  thirty-six and two-thirds per centum of the average wage of the deceased  during widowhood or widowerhood with two years' compensation in one  sum  upon  remarriage;  and  thirty per centum of such wages to such children  under the age of eighteen years or under the age of  twenty-three  years  if  enrolled  and  attending  as  a  full  time student in an accredited  educational institution and such enrollment and full time attendance  is  certified  by  such  institution or a surviving child or children of any  age dependent blind or physically disabled, share and  share  alike;  in  case  of  the  subsequent  death  of such surviving spouse the surviving  children shall  have  their  compensation  increased  to  sixty-six  and  two-thirds  per  centum  of  such  wages  and the aggregate sum shall be  payable, share and share alike, so long as they are  under  the  age  of  eighteen  years  or  under the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an   accredited   educational  institution and such enrollment and full time attendance is certified by  such  institution  or a surviving child or children of any age dependent  blind or physically disabled. Upon remarriage of such surviving  spouse,  if  there  be  two surviving children each shall receive twenty-five per  centum of such wages, and if there are surviving more than two  childrenunder  the  age  of  eighteen  years or under the age of twenty-three if  enrolled  and  attending  as  a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is  certified  by  such  institution or a surviving child or children of any  age dependent blind or physically disabled sixty-six and two-thirds  per  centum  of  such wages share and share alike. Upon statutory termination  of compensation payable  to  such  children,  the  compensation  of  the  surviving  spouse  shall  be  increased  to sixty-six and two-thirds per  centum of such wages with two years' compensation, at such rate, in  one  sum,  upon remarriage. Where the death occurs on or after January first,  nineteen hundred seventy-eight, and the spouse  is  receiving  survivors  insurance  benefits  under  the  social security act, the death benefits  payable under this section shall be reduced by five per  centum  of  the  spouse's  share  of  the  survivors  insurance benefits under the social  security act for each ten dollars of deceased's average weekly  wage  in  excess  of one hundred fifty dollars provided that in no case shall such  reduction exceed  fifty  per  centum  of  said  spouse's  share  of  the  survivors  insurance benefits under the social security act as set forth  in table No. II below.                                 TABLE No. II                Offset provisions applicable in death benefits         where there is a surviving spouse and two or more children   AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S                                                        SHARE OF SURVIVORS                                                        INSURANCE BENEFITS  over $150 up to and including $160 ................................... 5  over $160 up to and including $170 .................................. 10  over $170 up to and including $180 .................................. 15  over $180 up to and including $190 .................................. 20  over $190 up to and including $200 .................................. 25  over $200 up to and including $210 .................................. 30  over $210 up to and including $220 .................................. 35  over $220 up to and including $230 .................................. 40  over $230 up to and including $240 .................................. 45  over $240 up to and including $250 .................................. 50  over $250 ........................................................... 50    2-b. If there be a surviving  spouse  of  an  employee  of  a  private  voluntary  hospital  killed in a World Trade Center rescue, who passed a  physical examination upon employment as a rescue worker that  failed  to  reveal  evidence  of  a condition that was the proximate cause of death,  and a surviving child under the age of eighteen years, or under the  age  of  twenty-three  years if enrolled and attending as a full-time student  in  an  accredited  educational  institution  and  such  enrollment  and  full-time  attendance  is  certified by such institution, or a surviving  child of any age dependent blind or physically disabled, to such  spouse  forty  per  centum of the average wages of the deceased during widowhood  or  widowerhood,  with  two  years'  compensation  in  one   sum,   upon  remarriage; and thirty-five per centum of such wages to such child under  the  age  of  eighteen  years, or under the age of twenty-three years if  enrolled  and  attending  as  a  full-time  student  in  an   accredited  educational  institution and such enrollment and full-time attendance is  certified by such institution, or a surviving child of any age dependent  blind or physically disabled; in the case of  the  subsequent  death  of  such  surviving  spouse  the  surviving  child  shall  have  his  or her  compensation increased to seventy-five per centum of such wages and  thesame  shall be payable so long as he or she is under the age of eighteen  years, or under the age of twenty-three years if enrolled and  attending  as a full-time student in an accredited educational institution and such  enrollment and full-time attendance is certified by such institution, or  a  surviving  child  of  any age dependent blind or physically disabled;  upon statutory termination of compensation payable to  such  child,  the  compensation  of the surviving spouse shall be increased to seventy-five  per centum of such wages with two years' compensation, at such rate,  in  one  sum, upon remarriage. Upon remarriage of such surviving spouse, the  surviving child shall continue to receive thirty-five per centum of such  wages. Where such death occurs, and the spouse  is  receiving  survivors  insurance  benefits  under  the  social  security act, the death benefit  payable under this section shall be reduced by five per  centum  of  the  spouse's  share  of  the  survivors  insurance benefits under the social  security act for each ten dollars of deceased's average weekly  wage  in  excess  of  one  hundred  dollars;  provided  that in no case shall such  reduction exceed  fifty  per  centum  of  such  spouse's  share  of  the  survivors  insurance benefits under the social security act as set forth  in table No. I in subdivision one-c of  this  section.  If  there  be  a  surviving  spouse  of an employee of a private voluntary hospital killed  in a World Trade Center rescue, who passed a physical  examination  upon  employment  as  a  rescue  worker  that  failed  to reveal evidence of a  condition that was the  proximate  cause  of  death,  and  two  or  more  surviving  children under the age of eighteen years, or under the age of  twenty-three years if enrolled and attending as a full-time  student  in  an  accredited educational institution and such enrollment and full-time  attendance is certified by such institution, or  a  surviving  child  or  children  of  any age dependent blind or physically disabled and a death  occurs on or after September eleventh, two thousand one, to such  spouse  forty per centum of the average wage of the deceased during widowhood or  widowerhood with two years' compensation in one sum upon remarriage; and  thirty-five  per  centum of such wages to such children under the age of  eighteen years, or under the age of twenty-three years if  enrolled  and  attending   as   a   full-time  student  in  an  accredited  educational  institution and such enrollment and full-time attendance is certified by  such institution, or a surviving child or children of any age  dependent  blind  or  physically  disabled,  share  and share alike; in case of the  subsequent death of such surviving spouse the surviving  children  shall  have  their  compensation  increased  to seventy-five per centum of such  wages and the aggregate sum shall be payable, share and share alike,  so  long  as  they  are under the age of eighteen years, or under the age of  twenty-three years if enrolled and attending as a full-time  student  in  an  accredited educational institution and such enrollment and full-time  attendance is certified by such institution, or  a  surviving  child  or  children  of  any  age  dependent  blind  or  physically  disabled. Upon  remarriage of such surviving spouse, if there be two surviving  children  each  shall  receive thirty-seven and one-half per centum of such wages,  and if there are surviving more than  two  children  under  the  age  of  eighteen  years,  or  under  the  age  of  twenty-three  if enrolled and  attending  as  a  full-time  student  in   an   accredited   educational  institution and such enrollment and full-time attendance is certified by  such  institution, or a surviving child or children of any age dependant  blind or physically disabled, seventy-five  per  centum  of  such  wages  share  and  share  alike.  Upon  statutory  termination  of compensation  payable to such children, the compensation of the surviving spouse shall  be increased to seventy-five per centum of such wages  with  two  years'  compensation, at such rate, in one sum, upon remarriage. Where the death  occurs  on or after September eleventh, two thousand one, and the spouseis receiving survivors insurance benefits under the social security act,  the death benefits payable under this section shall be reduced  by  five  per  centum  of  the  spouse's share of the survivors insurance benefits  under the social security act for each ten dollars of deceased's average  weekly  wage in excess of one hundred fifty dollars; provided that in no  case shall such reduction exceed fifty per centum of said spouse's share  of the survivors insurance benefits under the social security act as set  forth in table No. II in subdivision two-a of this section.    3. If there be a surviving child or children of the deceased under the  age of eighteen years or a dependent blind or physically disabled  child  or  children  of  any  age, but no surviving spouse then where the death  occurs on or after July first, nineteen hundred forty-eight,  and  prior  to  January  first,  nineteen  hundred seventy-eight, for the support of  each such child until the age of eighteen years, or until the removal of  the dependency of such blind or physically disabled child  or  children,  thirty  per  centum  of  the  wages of the deceased, and where the death  occurred prior to July first,  nineteen  hundred  forty-eight,  for  the  support of each such child until the age of eighteen years, or until the  removal  of the dependency of such blind or physically disabled child or  children, fifteen per centum of the wages of the deceased; provided that  the aggregate shall in no  case  exceed  sixty-six  and  two-thirds  per  centum of such wages.    3-a.  If  there be a surviving child or children of the deceased under  the age of eighteen years or under the  age  of  twenty-three  years  if  enrolled  and  attending  as  a  full  time  student  in  an  accredited  educational institution and such enrollment and full time attendance  is  certified  by  such  institution  or  a  dependent  blind  or physically  disabled child or children of any age,  but  no  surviving  spouse  then  where  the  death  occurs  on  or  after January first, nineteen hundred  seventy-eight, for the support of such child or children until  the  age  of  eighteen  years,  or under the age of twenty-three years if enrolled  and attending as a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such institution or until the removal of the dependency of such blind or  physically  disabled  child  or  children,  sixty-six and two-thirds per  centum of the wages of  the  deceased.  Where  there  are  two  or  more  children,  the compensation payable shall be divided among such children  share and share alike.    3-b. If there be a surviving child or children, of an  employee  of  a  private  voluntary  hospital  killed in a World Trade Center rescue, who  passed a physical examination upon employment as a  rescue  worker  that  failed to reveal evidence of a condition that was the proximate cause of  death, under the age of eighteen years, or under the age of twenty-three  years  if enrolled and attending as a full-time student in an accredited  educational institution and such enrollment and full-time attendance  is  certified  by  such  institution,  or  a  dependent  blind or physically  disabled child, or children of any age, but no  surviving  spouse  then,  where  such  death  occurs, for the support of each such child until the  age of eighteen years,  or  under  the  age  of  twenty-three  years  if  enrolled   and  attending  as  a  full-time  student  in  an  accredited  educational institution and such enrollment and full-time attendance  is  certified  by such institution or until the removal of the dependency of  such blind or physically disabled child or  children,  seventy-five  per  centum  of  the  wages  of  the  deceased.  Where  there are two or more  children, the compensation payable shall be divided among such  children  share and share alike.    4.  If there be no surviving spouse or child under the age of eighteen  years, or dependent blind or physically disabled child of any age, or ifthe amount payable to surviving spouse and to children under the age  of  eighteen  years  or such dependent blind or physically disabled children  shall be less in the aggregate than sixty-six and two-thirds per  centum  of  the average wages of the deceased, then where the death occurs on or  after July first, nineteen hundred forty-eight,  and  prior  to  January  first,  nineteen hundred seventy-eight, for the support of grandchildren  or brothers and sisters under the age of eighteen  years,  if  dependent  upon the deceased at the time of the accident, twenty-five per centum of  such wages for the support of each such person until the age of eighteen  years;  and  for  the  support  of  each  parent, or grandparent, of the  deceased if dependent upon him at the time of the  accident,  forty  per  centum  of  such  wages  during  such  dependency;  and  where the death  occurred prior to July first,  nineteen  hundred  forty-eight,  to  such  dependent  grandchildren  or brothers and sisters, fifteen per centum of  such wages until eighteen years of age, and to such dependent parent  or  grandparent, twenty-five per centum of such wages during dependency. But  in  no  case  shall  the aggregate amount payable under this subdivision  exceed the difference between sixty-six and  two-thirds  per  centum  of  such wages, and the amount payable as hereinbefore provided to surviving  spouse or for the support of surviving child or children.    4-a.  If  there  be  no  surviving  spouse  or  child under the age of  eighteen years or under the age of twenty-three years  if  enrolled  and  attending   as   a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such institution or dependent blind or physically disabled child of  any  age,  then  where  the  death occurs on or after January first, nineteen  hundred seventy-eight, for the support of grandchildren or brothers  and  sisters  if  dependent  upon  the  deceased at the time of the accident,  under the age of eighteen years, or under the age of twenty-three  years  if  enrolled  and  attending  as  a  full  time student in an accredited  educational institution and such enrollment and full time attendance  is  certified   by   such  institution,  or  blind  or  physically  disabled  grandchildren or brothers and sisters of any age, twenty-five per centum  of such wages for the support of each  such  person  until  the  age  of  eighteen  years;  or until the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an   accredited   educational  institution  or  until  the  removal  of the dependency of such blind or  physically disabled grandchildren or  brothers  and  sisters,  and  such  enrollment and full time attendance is certified by such institution and  for  the  support  of  each  parent,  or grandparent, of the deceased if  dependent upon him or her at the time of the accident, forty per  centum  of such wages during such dependency. But in no case shall the aggregate  amount  payable  under  this subdivision exceed sixty-six and two-thirds  per centum of such wages.    4-b. If there be no  surviving  spouse  or  child  under  the  age  of  eighteen  years  or  under the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an   accredited   educational  institution and such enrollment and full time attendance is certified by  such  institution or dependent blind or physically disabled child of any  age or grandchildren or brothers  and  sisters  if  dependent  upon  the  deceased  at  the time of the accident, under the age of eighteen years,  or under the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an  accredited educational institution and such  enrollment and full time attendance is certified by such institution  or  disabled  blind  or  physically  disabled  grandchildren or brothers and  sisters of any age, then a sum of fifty thousand dollars shall  be  paid  to  the deceased's surviving parents or if there be no surviving parents  to the deceased's estate.4-c. If there be no surviving spouse  or  child,  or  children  of  an  employee  of a private voluntary hospital killed in a World Trade Center  rescue, who passed a physical examination upon employment  as  a  rescue  worker  that  failed  to  reveal  evidence  of  a condition that was the  proximate  cause of death, under the age of eighteen years, or under the  age of twenty-three years if  enrolled  and  attending  as  a  full-time  student in an accredited educational institution and such enrollment and  full-time  attendance  is  certified  by  such institution, or dependent  blind or physically disabled child of any  age,  then  where  the  death  occurs on or after September eleventh, two thousand one, for the support  of  grandchildren or brothers and sisters if dependent upon the deceased  at the time of the accident, under the age of eighteen years,  or  under  the  age  of twenty-three years if enrolled and attending as a full-time  student in an accredited educational institution and such enrollment and  full-time attendance is certified  by  such  institution,  or  blind  or  physically  disabled  grandchildren  or brothers and sisters of any age,  twenty-five per centum of such wages for the support of each such person  until the age of eighteen years; or until the age of twenty-three  years  if  enrolled  and  attending  as  a  full-time  student in an accredited  educational institution, or until the removal of the dependency of  such  blind  or physically disabled grandchildren or brothers and sisters, and  such  enrollment  and  full-time  attendance  is   certified   by   such  institution  and  for the support of each parent, or grandparent, of the  deceased if dependent upon him or her at the time of the accident, forty  per centum of such wages during such dependency. But in  no  case  shall  the  aggregate amount payable under this subdivision exceed seventy-five  per centum of such wages.    4-d. If there be no surviving spouse  or  child,  or  children  of  an  employee  of a private voluntary hospital killed in a World Trade Center  rescue, who passed a physical examination upon employment  as  a  rescue  worker  that  failed  to  reveal  evidence  of  a condition that was the  proximate cause of death, under the age of eighteen years, or under  the  age  of  twenty-three  years  if  enrolled  and attending as a full-time  student in an accredited educational institution and such enrollment and  full-time attendance is certified  by  such  institution,  or  dependent  blind  or  physically  disabled  child  of  any age, or grandchildren or  brothers and sisters if dependent upon the deceased at the time  of  the  accident,  under  the  age  of  eighteen  years,  or  under  the  age of  twenty-three years if enrolled and attending as a full-time  student  in  an  accredited educational institution and such enrollment and full-time  attendance is certified  by  such  institution,  or  disabled  blind  or  physically  disabled  grandchildren  or brothers and sisters of any age,  then a sum of fifty thousand dollars shall be  paid  to  the  deceased's  surviving  parents or if there be no surviving parents to the deceased's  estate.    5. Any excess of wages over: (1) seven hundred fifty dollars shall not  be taken into account in computing compensation under  this  section  in  cases where the death occurs on or after July first, two thousand seven,  (2) eight hundred twenty-five dollars shall not be taken into account in  computing  compensation  under  this  section  in  cases where the death  occurs on or after July first, two  thousand  eight,  (3)  nine  hundred  dollars  shall not be taken into account in computing compensation under  this section in cases where the death occurs on or after July first, two  thousand nine, and (4) where the death occurs on or  after  July  first,  two  thousand  ten,  or  when the death occurs on or after July first of  each succeeding year, an amount equal to  the  New  York  state  average  weekly wage for the year in which it is reported shall not be taken into  account  in  computing  compensation  under  this section. Any excess ofwages over five hundred ten dollars and five cents per week shall not be  taken into account in computing compensation under this section in cases  where the death occurs on or after July first, nineteen hundred  ninety,  nor  shall any excess of wages over five hundred twenty-five dollars per  week be taken into account in computing compensation  pursuant  to  this  section  in  cases  where  death occurs on or after July first, nineteen  hundred ninety-one, nor shall any  excess  of  wages  over  six  hundred  dollars  per  week  be  taken  into  account  in  computing compensation  pursuant to this section in cases where death occurs on  or  after  July  first,  nineteen hundred ninety-two with the exception that wages earned  over six hundred dollars  per  week  shall  be  taken  into  account  in  computing compensation under this section in cases involving an employee  of  a  private  voluntary  hospital  resulting from a World Trade Center  rescue, who passed a physical examination upon employment  as  a  rescue  worker  that  failed  to  reveal  evidence  of  a condition that was the  proximate cause of death; nor shall  any  excess  of  wages  over  three  hundred  eighty-two  dollars  and  fifty  cents  per  week be taken into  account in computing compensation under this section in cases where  the  death  occurs on or after July first, nineteen hundred eighty-three, nor  shall any excess of wages over four hundred  twelve  dollars  and  fifty  cents  per  week  be  taken into account in computing compensation under  this section in cases where the death occurs on  or  after  July  first,  nineteen  hundred  eighty-four,  nor shall any excess of wages over four  hundred fifty dollars per  week  be  taken  into  account  in  computing  compensation  under  this  section in cases where the death occurs on or  after July first, nineteen hundred eighty-five; nor shall any excess  of  wages  over one hundred eighty-seven dollars and fifty cents per week on  or after January first,  nineteen  hundred  seventy-eight  or  over  two  hundred  seventy  dollars  per  week  on  or  after July first, nineteen  hundred seventy-eight or over three hundred twenty-two dollars and fifty  cents per week on or after January first, nineteen hundred seventy-nine,  and prior to July first, nineteen hundred eighty-three,  be  taken  into  account  in  computing  compensation  under  this  section nor shall any  excess of wages over six hundred and seventeen dollars and fifty cents a  month be taken into account in computing compensation under this section  in cases where the death occurred  on  or  after  July  first,  nineteen  hundred  seventy-four,  and  prior  to  January  first, nineteen hundred  seventy-eight, nor shall any excess  of  wages  over  five  hundred  and  twenty  dollars  a month be taken into account in computing compensation  in cases where death occurred on or after July first,  nineteen  hundred  seventy  and  prior  to  July  first, nineteen hundred seventy-four, nor  shall any excess of wages over four hundred  and  fifty-five  dollars  a  month  be  taken  into  account in computing compensation in cases where  death occurred on or after July first, nineteen hundred sixty-eight  and  prior  to  July first, nineteen hundred seventy, nor shall any excess of  wages over three hundred and  ninety  dollars  a  month  be  taken  into  account  in  computing  compensation in cases where death occurred on or  after July first, nineteen hundred sixty-five and prior to  July  first,  nineteen  hundred  sixty-eight, nor shall any excess of wages over three  hundred and fifty-seven dollars and fifty cents a month  be  taken  into  account  in  computing  compensation in cases where death occurred on or  after July first, nineteen hundred sixty-two and prior  to  July  first,  nineteen  hundred  sixty-five,  nor shall any excess of wages over three  hundred and twenty-five  dollars  a  month  be  taken  into  account  in  computing  compensation  in  cases where death occurred on or after July  first, nineteen hundred sixty and prior to July first, nineteen  hundred  sixty-two, nor shall any excess of wages over two hundred and ninety-two  dollars  and  fifty  cents  a  month  be taken into account in computingcompensation where death occurred  on  or  after  July  first,  nineteen  hundred fifty-eight and prior to July first, nineteen hundred sixty, nor  shall  any excess of wages over two hundred and sixty dollars a month be  taken  into account in computing compensation where death occurred on or  after July first, nineteen hundred fifty-four and prior to  July  first,  nineteen  hundred  fifty-eight,  nor  shall any excess of wages over two  hundred and twenty-seven dollars and fifty cents a month be  taken  into  account  in computing compensation where death occurred on or after July  first, nineteen hundred forty-eight and prior to  July  first,  nineteen  hundred  fifty-four,  nor shall any excess of wages over one hundred and  eighty-two  dollars  a  month  be  taken  into  account   in   computing  compensation  where  the death occurred on or after June first, nineteen  hundred forty-six and prior to July first, nineteen hundred forty-eight.  When death occurred on or after July first, nineteen hundred forty-eight  and prior to January first, nineteen  hundred  seventy-eight,  computing  compensation to the widow or widower and children of a deceased employee  in no event shall wages be deemed to be less than one hundred and thirty  dollars  a  month. All questions of dependency shall be determined as of  the time of the accident. When death occurred on or after January first,  nineteen hundred seventy-eight, in no event shall wages be deemed to  be  less  than  forty-five  dollars  a week in computing compensation to the  widow or widower and/or children of the deceased employee.    6. If  there  be  a  person  entitled  to  death  benefits  under  the  provisions  of  this  section,  who  shall  be under the age of eighteen  years, and who shall be an inmate of any institution and a public charge  upon the department of social services of the city of New York,  or  any  other  department  or  body,  the  benefits  allowed  hereunder shall be  payable to the said department of public welfare of the city of New York  or any other department or body to the extent of the reasonable  charges  for  the care and maintenance, during the continuance as a public charge  in said institution, of said beneficiary and until the said person shall  have attained the age of eighteen years. Any sum or sums remaining after  the said payment out of the benefits shall be distributed as provided by  the other subdivisions of this section.    7. In computing the offsets under subdivisions one-c and two-a of this  section any  increase  in  survivors  insurance  benefits  under  social  security  that  occurs  after the date of death shall not be considered,  and any such  offset  shall  be  equally  applicable  to  the  survivors  insurance  benefits  under  the  social  security act which are received  retroactively but such offset shall  not  apply  to  increases  of  such  benefits received retroactively.

State Codes and Statutes

Statutes > New-york > Wkc > Article-2 > 16

§  16.  Death  benefits.  If the injury causes death, the compensation  shall be known as a death benefit and shall be payable in the amount and  to or for the benefit of the persons following:    1. Funeral expenses. The chair shall prepare and establish a  schedule  for  the  state  or  schedules  limited to defined localities of maximum  charges and  fees  for  such  funeral  expenses,  to  be  determined  in  accordance  with,  and  to  be  subject  to  change  pursuant  to, rules  promulgated by the chair. Before preparing such schedule for  the  state  or  schedules  for  limited  localities,  the  chair  shall  request the  president of the New York state funeral directors' association to submit  to the chair a report on the  amount  of  remuneration  deemed  by  such  association  to  be  fair and adequate for the types of funeral services  rendered under this chapter, but consideration shall also  be  given  to  the  views  of  other  interested  parties.  The  amounts payable by the  employer for such services shall be the actual fees and  charges  up  to  the  maximum  established  by  such schedule. Provided, however, no such  schedule of charges and fees shall apply where a firefighter  dies  from  injuries received in the line of duty as a direct result of firefighting  or  where  a  police  officer dies from injuries received in the line of  duty as a direct  result  of  law  enforcement  activities,  where  such  funeral  expenses  are  reasonable.  If such funeral expenses shall have  been paid by the claimants entitled to compensation under  this  section  or by others, the funeral expenses awarded shall be made payable to such  claimants  or  others,  otherwise  they  shall  be  made  payable to the  undertaker who shall have provided burial.  Funeral  expenses  shall  be  awarded  in  case of all injuries causing death including cases in which  there are no persons entitled to other compensation under this chapter.    1-a. For the purpose of this section, (1) the term dependent blind  or  physically  disabled  as  used  herein in relation to dependent children  shall be deemed to mean totally blind or  physically  disabled  children  whose  disablement is total and permanent, (2) the term surviving spouse  shall be deemed to mean the legal spouse but shall not include a  spouse  who  has  abandoned  the  deceased,  and (3) the term abandoned shall be  deemed to mean such an abandonment as would be sufficient under  section  two  hundred  of  the  domestic  relations  law to sustain a judgment of  separation on that ground.    1-b. If there be a surviving spouse and no child of the deceased under  the age of eighteen years and no child of any  age  dependent  blind  or  physically  disabled,  and  the  death  occurs  on  or after July first,  nineteen hundred forty-eight,  and  prior  to  January  first,  nineteen  hundred  seventy-eight,  to  such spouse forty per centum of the average  wages of the deceased during widowhood or widowerhood  with  two  years'  compensation  in  one sum, upon remarriage; and where the death occurred  prior to July first, nineteen hundred  forty-eight,  to  such  wife  (or  dependent  husband) thirty per centum of such wages during widowhood (or  dependent widowerhood) with two years' compensation  in  one  sum,  upon  remarriage.    1-c. If there be a surviving spouse and no child of the deceased under  the  age  of  eighteen  years  or under the age of twenty-three years if  enrolled  and  attending  as  a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is  certified by such institution and no child of any age dependent blind or  physically disabled, and the death occurs on  or  after  January  first,  nineteen  hundred seventy-eight, to such spouse sixty-six and two-thirds  per centum of the average wages of  the  deceased  during  widowhood  or  widowerhood  with  two years' compensation, in one sum, upon remarriage.  Where the death occurs on  or  after  January  first,  nineteen  hundred  seventy-eight,  and  the  spouse  is  receiving  the survivors insurancebenefits under the social security act, the death benefit payable  under  this section shall be reduced in accordance with the provisions of table  No.  1  below by five per centum of the spouse's share of the survivor's  insurance benefits under the social security act for each ten dollars of  deceased's average weekly wage in excess of one hundred dollars provided  that  in  no  case  shall such reduction exceed fifty per centum of said  spouse's share of the survivors  insurance  benefits  under  the  social  security act.                                 TABLE No. I                Offset provisions applicable in death benefits                   where there is a sole surviving spouse   AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S                                                        SHARE OF SURVIVORS                                                        INSURANCE BENEFITS   over $100 up to and including $110 ................................... 5  over $110 up to and including $120 .................................. 10  over $120 up to and including $130 .................................. 15  over $130 up to and including $140 .................................. 20  over $140 up to and including $150 .................................. 25  over $150 up to and including $160 .................................. 30  over $160 up to and including $170 .................................. 35  over $170 up to and including $180 .................................. 40  over $180 up to and including $190 .................................. 45  over $190 up to and including $200 .................................. 50  over $200 ........................................................... 50    1-d.  If  there  be  a  surviving  spouse  of an employee of a private  voluntary hospital killed in a World Trade Center rescue, who  passed  a  physical  examination  upon employment as a rescue worker that failed to  reveal evidence of a condition that was the proximate  cause  of  death,  and  no  child of the deceased under the age of eighteen years, or under  the age of twenty-three years if enrolled and attending as  a  full-time  student in an accredited educational institution and such enrollment and  full-time  attendance  is certified by such institution, and no child of  any  age  dependent  blind  or  physically  disabled,  to  such   spouse  seventy-five  per  centum  of  the  average wages of the deceased during  widowhood or widowerhood, with two years' compensation, in one sum, upon  remarriage. Where such death occurs, and the  spouse  is  receiving  the  survivors  insurance  benefits  under the social security act, the death  benefit payable under this section shall be reduced in  accordance  with  the  provisions  of  table No. I in subdivision one-c of this section by  five per centum of  the  spouse's  share  of  the  survivor's  insurance  benefits  under  the  social  security  act  for  each  ten  dollars  of  deceased's average  weekly  wage  in  excess  of  one  hundred  dollars;  provided that in no case shall such reduction exceed fifty per centum of  such spouse's share of the survivors insurance benefits under the social  security act.    2. If there be a surviving spouse and a surviving child or children of  the  deceased  under  the  age of eighteen years or a surviving child or  children of any age dependent blind  or  physically  disabled,  and  the  death  occurs  on or after July first, nineteen hundred forty-eight, and  prior to January first, nineteen hundred seventy-eight, to  such  spouse  thirty  per centum of the average wages of the deceased during widowhood  or widowerhood with two years' compensation in one sum, upon remarriage;  and the additional amount of twenty per centum of such  wages  for  each  such  child  until the age of eighteen years or until the removal of thedependency of the blind or physically disabled  child  or  children;  in  case  of the subsequent death or remarriage of such surviving spouse any  surviving child of the deceased employee, at  the  time  under  eighteen  years  of  age  or dependent through mental or physical infirmity, shall  have his compensation increased to thirty per centum of such wages,  and  the same shall be payable until he shall reach the age of eighteen years  or  until  such  dependent  blind or physically disabled condition shall  have been removed; provided that the total amount payable  shall  in  no  case  exceed  sixty-six  and  two-thirds  per centum of such wages. Upon  statutory termination of compensation payments to all such children, the  compensation of the surviving spouse shall be  increased  to  forty  per  centum  of such wages with two years' compensation, at such rate, in one  sum, upon remarriage.    If there be a surviving wife (or dependent husband)  and  any  of  the  aforementioned  surviving children, and the death occurred prior to July  first, nineteen hundred forty-eight, to such wife (or dependent husband)  thirty per centum of the average wages of the deceased during  widowhood  (or dependent widowerhood) with two years' compensation in one sum, upon  remarriage;  and  the  additional amount of ten per centum of such wages  for each such child until eighteen years of age or until the removal  of  the dependency of the blind or physically disabled child or children; in  case  of  the  subsequent death or remarriage of such surviving wife (or  dependent husband) any surviving child of the deceased  shall  have  his  compensation  increased  to  fifteen  per  centum of such wages until he  shall reach the age of eighteen years or until such dependent  blind  or  physically disabled condition shall have been removed; provided that the  total  amount  payable  shall in no case exceed sixty-six and two-thirds  per centum of such wages.    The board may in its discretion require the appointment of a  guardian  for  the  purpose  of  receiving  the compensation of a minor child or a  dependent blind or physically disabled child. In the absence of  such  a  requirement by the board the appointment of a guardian for such purposes  shall not be necessary.    2-a.  If  there  be a surviving spouse and a surviving child under the  age of eighteen years or under the age of twenty-three years if enrolled  and attending as a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such  institution  or  a  surviving  child of any age dependent blind or  physically disabled and the death occurs  on  or  after  January  first,  nineteen hundred seventy-eight, to such spouse thirty-six and two-thirds  per  centum  of  the  average  wages of the deceased during widowhood or  widowerhood with two years' compensation in one  sum,  upon  remarriage;  and  thirty  per  centum  of  such  wages to such child under the age of  eighteen years or under the age of twenty-three years  if  enrolled  and  attending   as   a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such institution or a surviving child of  any  age  dependent  blind  or  physically  disabled;  in  the  case  of  the  subsequent  death of such  surviving  spouse  the  surviving  child  shall  have  his  compensation  increased  to  sixty-six and two-thirds per centum of such wages and the  same shall be payable so long as he is under the age of  eighteen  years  or  under  the  age of twenty-three years if enrolled and attending as a  full time student in an  accredited  educational  institution  and  such  enrollment  and full time attendance is certified by such institution or  a surviving child of any age dependent  blind  or  physically  disabled;  upon  statutory  termination  of compensation payable to such child, the  compensation of the surviving spouse shall be increased to sixty-six and  two-thirds per centum of such wages with  two  years'  compensation,  atsuch  rate,  in  one  sum,  upon  remarriage.  Upon  remarriage  of such  surviving spouse, the surviving child shall continue to  receive  thirty  per  centum  of  such  wages. Where the death occurs on or after January  first,  nineteen  hundred  seventy-eight  and  the  spouse  is receiving  survivors insurance benefits under the social security  act,  the  death  benefit  payable  under this section shall be reduced by five per centum  of the spouse's share of the  survivors  insurance  benefits  under  the  social  security  act  for each ten dollars of deceased's average weekly  wage in excess of one hundred dollars provided that  in  no  case  shall  such  reduction  exceed  fifty  per centum of said spouse's share of the  survivors insurance benefits under the social security act as set  forth  in table No. I below.                                  TABLE No. I                Offset provisions applicable in death benefits               where there is a surviving spouse and one child   AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S                                                        SHARE OF SURVIVORS                                                        INSURANCE BENEFITS  over $100 up to and including $110 ................................... 5  over $110 up to and including $120 .................................. 10  over $120 up to and including $130 .................................. 15  over $130 up to and including $140 .................................. 20  over $140 up to and including $150 .................................. 25  over $150 up to and including $160 .................................. 30  over $160 up to and including $170 .................................. 35  over $170 up to and including $180 .................................. 40  over $180 up to and including $190 .................................. 45  over $190 up to and including $200 .................................. 50  over $200 ........................................................... 50    If  there  be  a  surviving  spouse and two or more surviving children  under the age of eighteen years or under the age of  twenty-three  years  if  enrolled  and  attending  as  a  full  time student in an accredited  educational institution and such enrollment and full time attendance  is  certified  by  such  institution or a surviving child or children of any  age dependent blind or physically disabled and  a  death  occurs  on  or  after  January  first,  nineteen  hundred  seventy-eight, to such spouse  thirty-six and two-thirds per centum of the average wage of the deceased  during widowhood or widowerhood with two years' compensation in one  sum  upon  remarriage;  and  thirty per centum of such wages to such children  under the age of eighteen years or under the age of  twenty-three  years  if  enrolled  and  attending  as  a  full  time student in an accredited  educational institution and such enrollment and full time attendance  is  certified  by  such  institution or a surviving child or children of any  age dependent blind or physically disabled, share and  share  alike;  in  case  of  the  subsequent  death  of such surviving spouse the surviving  children shall  have  their  compensation  increased  to  sixty-six  and  two-thirds  per  centum  of  such  wages  and the aggregate sum shall be  payable, share and share alike, so long as they are  under  the  age  of  eighteen  years  or  under the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an   accredited   educational  institution and such enrollment and full time attendance is certified by  such  institution  or a surviving child or children of any age dependent  blind or physically disabled. Upon remarriage of such surviving  spouse,  if  there  be  two surviving children each shall receive twenty-five per  centum of such wages, and if there are surviving more than two  childrenunder  the  age  of  eighteen  years or under the age of twenty-three if  enrolled  and  attending  as  a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is  certified  by  such  institution or a surviving child or children of any  age dependent blind or physically disabled sixty-six and two-thirds  per  centum  of  such wages share and share alike. Upon statutory termination  of compensation payable  to  such  children,  the  compensation  of  the  surviving  spouse  shall  be  increased  to sixty-six and two-thirds per  centum of such wages with two years' compensation, at such rate, in  one  sum,  upon remarriage. Where the death occurs on or after January first,  nineteen hundred seventy-eight, and the spouse  is  receiving  survivors  insurance  benefits  under  the  social security act, the death benefits  payable under this section shall be reduced by five per  centum  of  the  spouse's  share  of  the  survivors  insurance benefits under the social  security act for each ten dollars of deceased's average weekly  wage  in  excess  of one hundred fifty dollars provided that in no case shall such  reduction exceed  fifty  per  centum  of  said  spouse's  share  of  the  survivors  insurance benefits under the social security act as set forth  in table No. II below.                                 TABLE No. II                Offset provisions applicable in death benefits         where there is a surviving spouse and two or more children   AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S                                                        SHARE OF SURVIVORS                                                        INSURANCE BENEFITS  over $150 up to and including $160 ................................... 5  over $160 up to and including $170 .................................. 10  over $170 up to and including $180 .................................. 15  over $180 up to and including $190 .................................. 20  over $190 up to and including $200 .................................. 25  over $200 up to and including $210 .................................. 30  over $210 up to and including $220 .................................. 35  over $220 up to and including $230 .................................. 40  over $230 up to and including $240 .................................. 45  over $240 up to and including $250 .................................. 50  over $250 ........................................................... 50    2-b. If there be a surviving  spouse  of  an  employee  of  a  private  voluntary  hospital  killed in a World Trade Center rescue, who passed a  physical examination upon employment as a rescue worker that  failed  to  reveal  evidence  of  a condition that was the proximate cause of death,  and a surviving child under the age of eighteen years, or under the  age  of  twenty-three  years if enrolled and attending as a full-time student  in  an  accredited  educational  institution  and  such  enrollment  and  full-time  attendance  is  certified by such institution, or a surviving  child of any age dependent blind or physically disabled, to such  spouse  forty  per  centum of the average wages of the deceased during widowhood  or  widowerhood,  with  two  years'  compensation  in  one   sum,   upon  remarriage; and thirty-five per centum of such wages to such child under  the  age  of  eighteen  years, or under the age of twenty-three years if  enrolled  and  attending  as  a  full-time  student  in  an   accredited  educational  institution and such enrollment and full-time attendance is  certified by such institution, or a surviving child of any age dependent  blind or physically disabled; in the case of  the  subsequent  death  of  such  surviving  spouse  the  surviving  child  shall  have  his  or her  compensation increased to seventy-five per centum of such wages and  thesame  shall be payable so long as he or she is under the age of eighteen  years, or under the age of twenty-three years if enrolled and  attending  as a full-time student in an accredited educational institution and such  enrollment and full-time attendance is certified by such institution, or  a  surviving  child  of  any age dependent blind or physically disabled;  upon statutory termination of compensation payable to  such  child,  the  compensation  of the surviving spouse shall be increased to seventy-five  per centum of such wages with two years' compensation, at such rate,  in  one  sum, upon remarriage. Upon remarriage of such surviving spouse, the  surviving child shall continue to receive thirty-five per centum of such  wages. Where such death occurs, and the spouse  is  receiving  survivors  insurance  benefits  under  the  social  security act, the death benefit  payable under this section shall be reduced by five per  centum  of  the  spouse's  share  of  the  survivors  insurance benefits under the social  security act for each ten dollars of deceased's average weekly  wage  in  excess  of  one  hundred  dollars;  provided  that in no case shall such  reduction exceed  fifty  per  centum  of  such  spouse's  share  of  the  survivors  insurance benefits under the social security act as set forth  in table No. I in subdivision one-c of  this  section.  If  there  be  a  surviving  spouse  of an employee of a private voluntary hospital killed  in a World Trade Center rescue, who passed a physical  examination  upon  employment  as  a  rescue  worker  that  failed  to reveal evidence of a  condition that was the  proximate  cause  of  death,  and  two  or  more  surviving  children under the age of eighteen years, or under the age of  twenty-three years if enrolled and attending as a full-time  student  in  an  accredited educational institution and such enrollment and full-time  attendance is certified by such institution, or  a  surviving  child  or  children  of  any age dependent blind or physically disabled and a death  occurs on or after September eleventh, two thousand one, to such  spouse  forty per centum of the average wage of the deceased during widowhood or  widowerhood with two years' compensation in one sum upon remarriage; and  thirty-five  per  centum of such wages to such children under the age of  eighteen years, or under the age of twenty-three years if  enrolled  and  attending   as   a   full-time  student  in  an  accredited  educational  institution and such enrollment and full-time attendance is certified by  such institution, or a surviving child or children of any age  dependent  blind  or  physically  disabled,  share  and share alike; in case of the  subsequent death of such surviving spouse the surviving  children  shall  have  their  compensation  increased  to seventy-five per centum of such  wages and the aggregate sum shall be payable, share and share alike,  so  long  as  they  are under the age of eighteen years, or under the age of  twenty-three years if enrolled and attending as a full-time  student  in  an  accredited educational institution and such enrollment and full-time  attendance is certified by such institution, or  a  surviving  child  or  children  of  any  age  dependent  blind  or  physically  disabled. Upon  remarriage of such surviving spouse, if there be two surviving  children  each  shall  receive thirty-seven and one-half per centum of such wages,  and if there are surviving more than  two  children  under  the  age  of  eighteen  years,  or  under  the  age  of  twenty-three  if enrolled and  attending  as  a  full-time  student  in   an   accredited   educational  institution and such enrollment and full-time attendance is certified by  such  institution, or a surviving child or children of any age dependant  blind or physically disabled, seventy-five  per  centum  of  such  wages  share  and  share  alike.  Upon  statutory  termination  of compensation  payable to such children, the compensation of the surviving spouse shall  be increased to seventy-five per centum of such wages  with  two  years'  compensation, at such rate, in one sum, upon remarriage. Where the death  occurs  on or after September eleventh, two thousand one, and the spouseis receiving survivors insurance benefits under the social security act,  the death benefits payable under this section shall be reduced  by  five  per  centum  of  the  spouse's share of the survivors insurance benefits  under the social security act for each ten dollars of deceased's average  weekly  wage in excess of one hundred fifty dollars; provided that in no  case shall such reduction exceed fifty per centum of said spouse's share  of the survivors insurance benefits under the social security act as set  forth in table No. II in subdivision two-a of this section.    3. If there be a surviving child or children of the deceased under the  age of eighteen years or a dependent blind or physically disabled  child  or  children  of  any  age, but no surviving spouse then where the death  occurs on or after July first, nineteen hundred forty-eight,  and  prior  to  January  first,  nineteen  hundred seventy-eight, for the support of  each such child until the age of eighteen years, or until the removal of  the dependency of such blind or physically disabled child  or  children,  thirty  per  centum  of  the  wages of the deceased, and where the death  occurred prior to July first,  nineteen  hundred  forty-eight,  for  the  support of each such child until the age of eighteen years, or until the  removal  of the dependency of such blind or physically disabled child or  children, fifteen per centum of the wages of the deceased; provided that  the aggregate shall in no  case  exceed  sixty-six  and  two-thirds  per  centum of such wages.    3-a.  If  there be a surviving child or children of the deceased under  the age of eighteen years or under the  age  of  twenty-three  years  if  enrolled  and  attending  as  a  full  time  student  in  an  accredited  educational institution and such enrollment and full time attendance  is  certified  by  such  institution  or  a  dependent  blind  or physically  disabled child or children of any age,  but  no  surviving  spouse  then  where  the  death  occurs  on  or  after January first, nineteen hundred  seventy-eight, for the support of such child or children until  the  age  of  eighteen  years,  or under the age of twenty-three years if enrolled  and attending as a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such institution or until the removal of the dependency of such blind or  physically  disabled  child  or  children,  sixty-six and two-thirds per  centum of the wages of  the  deceased.  Where  there  are  two  or  more  children,  the compensation payable shall be divided among such children  share and share alike.    3-b. If there be a surviving child or children, of an  employee  of  a  private  voluntary  hospital  killed in a World Trade Center rescue, who  passed a physical examination upon employment as a  rescue  worker  that  failed to reveal evidence of a condition that was the proximate cause of  death, under the age of eighteen years, or under the age of twenty-three  years  if enrolled and attending as a full-time student in an accredited  educational institution and such enrollment and full-time attendance  is  certified  by  such  institution,  or  a  dependent  blind or physically  disabled child, or children of any age, but no  surviving  spouse  then,  where  such  death  occurs, for the support of each such child until the  age of eighteen years,  or  under  the  age  of  twenty-three  years  if  enrolled   and  attending  as  a  full-time  student  in  an  accredited  educational institution and such enrollment and full-time attendance  is  certified  by such institution or until the removal of the dependency of  such blind or physically disabled child or  children,  seventy-five  per  centum  of  the  wages  of  the  deceased.  Where  there are two or more  children, the compensation payable shall be divided among such  children  share and share alike.    4.  If there be no surviving spouse or child under the age of eighteen  years, or dependent blind or physically disabled child of any age, or ifthe amount payable to surviving spouse and to children under the age  of  eighteen  years  or such dependent blind or physically disabled children  shall be less in the aggregate than sixty-six and two-thirds per  centum  of  the average wages of the deceased, then where the death occurs on or  after July first, nineteen hundred forty-eight,  and  prior  to  January  first,  nineteen hundred seventy-eight, for the support of grandchildren  or brothers and sisters under the age of eighteen  years,  if  dependent  upon the deceased at the time of the accident, twenty-five per centum of  such wages for the support of each such person until the age of eighteen  years;  and  for  the  support  of  each  parent, or grandparent, of the  deceased if dependent upon him at the time of the  accident,  forty  per  centum  of  such  wages  during  such  dependency;  and  where the death  occurred prior to July first,  nineteen  hundred  forty-eight,  to  such  dependent  grandchildren  or brothers and sisters, fifteen per centum of  such wages until eighteen years of age, and to such dependent parent  or  grandparent, twenty-five per centum of such wages during dependency. But  in  no  case  shall  the aggregate amount payable under this subdivision  exceed the difference between sixty-six and  two-thirds  per  centum  of  such wages, and the amount payable as hereinbefore provided to surviving  spouse or for the support of surviving child or children.    4-a.  If  there  be  no  surviving  spouse  or  child under the age of  eighteen years or under the age of twenty-three years  if  enrolled  and  attending   as   a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such institution or dependent blind or physically disabled child of  any  age,  then  where  the  death occurs on or after January first, nineteen  hundred seventy-eight, for the support of grandchildren or brothers  and  sisters  if  dependent  upon  the  deceased at the time of the accident,  under the age of eighteen years, or under the age of twenty-three  years  if  enrolled  and  attending  as  a  full  time student in an accredited  educational institution and such enrollment and full time attendance  is  certified   by   such  institution,  or  blind  or  physically  disabled  grandchildren or brothers and sisters of any age, twenty-five per centum  of such wages for the support of each  such  person  until  the  age  of  eighteen  years;  or until the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an   accredited   educational  institution  or  until  the  removal  of the dependency of such blind or  physically disabled grandchildren or  brothers  and  sisters,  and  such  enrollment and full time attendance is certified by such institution and  for  the  support  of  each  parent,  or grandparent, of the deceased if  dependent upon him or her at the time of the accident, forty per  centum  of such wages during such dependency. But in no case shall the aggregate  amount  payable  under  this subdivision exceed sixty-six and two-thirds  per centum of such wages.    4-b. If there be no  surviving  spouse  or  child  under  the  age  of  eighteen  years  or  under the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an   accredited   educational  institution and such enrollment and full time attendance is certified by  such  institution or dependent blind or physically disabled child of any  age or grandchildren or brothers  and  sisters  if  dependent  upon  the  deceased  at  the time of the accident, under the age of eighteen years,  or under the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an  accredited educational institution and such  enrollment and full time attendance is certified by such institution  or  disabled  blind  or  physically  disabled  grandchildren or brothers and  sisters of any age, then a sum of fifty thousand dollars shall  be  paid  to  the deceased's surviving parents or if there be no surviving parents  to the deceased's estate.4-c. If there be no surviving spouse  or  child,  or  children  of  an  employee  of a private voluntary hospital killed in a World Trade Center  rescue, who passed a physical examination upon employment  as  a  rescue  worker  that  failed  to  reveal  evidence  of  a condition that was the  proximate  cause of death, under the age of eighteen years, or under the  age of twenty-three years if  enrolled  and  attending  as  a  full-time  student in an accredited educational institution and such enrollment and  full-time  attendance  is  certified  by  such institution, or dependent  blind or physically disabled child of any  age,  then  where  the  death  occurs on or after September eleventh, two thousand one, for the support  of  grandchildren or brothers and sisters if dependent upon the deceased  at the time of the accident, under the age of eighteen years,  or  under  the  age  of twenty-three years if enrolled and attending as a full-time  student in an accredited educational institution and such enrollment and  full-time attendance is certified  by  such  institution,  or  blind  or  physically  disabled  grandchildren  or brothers and sisters of any age,  twenty-five per centum of such wages for the support of each such person  until the age of eighteen years; or until the age of twenty-three  years  if  enrolled  and  attending  as  a  full-time  student in an accredited  educational institution, or until the removal of the dependency of  such  blind  or physically disabled grandchildren or brothers and sisters, and  such  enrollment  and  full-time  attendance  is   certified   by   such  institution  and  for the support of each parent, or grandparent, of the  deceased if dependent upon him or her at the time of the accident, forty  per centum of such wages during such dependency. But in  no  case  shall  the  aggregate amount payable under this subdivision exceed seventy-five  per centum of such wages.    4-d. If there be no surviving spouse  or  child,  or  children  of  an  employee  of a private voluntary hospital killed in a World Trade Center  rescue, who passed a physical examination upon employment  as  a  rescue  worker  that  failed  to  reveal  evidence  of  a condition that was the  proximate cause of death, under the age of eighteen years, or under  the  age  of  twenty-three  years  if  enrolled  and attending as a full-time  student in an accredited educational institution and such enrollment and  full-time attendance is certified  by  such  institution,  or  dependent  blind  or  physically  disabled  child  of  any age, or grandchildren or  brothers and sisters if dependent upon the deceased at the time  of  the  accident,  under  the  age  of  eighteen  years,  or  under  the  age of  twenty-three years if enrolled and attending as a full-time  student  in  an  accredited educational institution and such enrollment and full-time  attendance is certified  by  such  institution,  or  disabled  blind  or  physically  disabled  grandchildren  or brothers and sisters of any age,  then a sum of fifty thousand dollars shall be  paid  to  the  deceased's  surviving  parents or if there be no surviving parents to the deceased's  estate.    5. Any excess of wages over: (1) seven hundred fifty dollars shall not  be taken into account in computing compensation under  this  section  in  cases where the death occurs on or after July first, two thousand seven,  (2) eight hundred twenty-five dollars shall not be taken into account in  computing  compensation  under  this  section  in  cases where the death  occurs on or after July first, two  thousand  eight,  (3)  nine  hundred  dollars  shall not be taken into account in computing compensation under  this section in cases where the death occurs on or after July first, two  thousand nine, and (4) where the death occurs on or  after  July  first,  two  thousand  ten,  or  when the death occurs on or after July first of  each succeeding year, an amount equal to  the  New  York  state  average  weekly wage for the year in which it is reported shall not be taken into  account  in  computing  compensation  under  this section. Any excess ofwages over five hundred ten dollars and five cents per week shall not be  taken into account in computing compensation under this section in cases  where the death occurs on or after July first, nineteen hundred  ninety,  nor  shall any excess of wages over five hundred twenty-five dollars per  week be taken into account in computing compensation  pursuant  to  this  section  in  cases  where  death occurs on or after July first, nineteen  hundred ninety-one, nor shall any  excess  of  wages  over  six  hundred  dollars  per  week  be  taken  into  account  in  computing compensation  pursuant to this section in cases where death occurs on  or  after  July  first,  nineteen hundred ninety-two with the exception that wages earned  over six hundred dollars  per  week  shall  be  taken  into  account  in  computing compensation under this section in cases involving an employee  of  a  private  voluntary  hospital  resulting from a World Trade Center  rescue, who passed a physical examination upon employment  as  a  rescue  worker  that  failed  to  reveal  evidence  of  a condition that was the  proximate cause of death; nor shall  any  excess  of  wages  over  three  hundred  eighty-two  dollars  and  fifty  cents  per  week be taken into  account in computing compensation under this section in cases where  the  death  occurs on or after July first, nineteen hundred eighty-three, nor  shall any excess of wages over four hundred  twelve  dollars  and  fifty  cents  per  week  be  taken into account in computing compensation under  this section in cases where the death occurs on  or  after  July  first,  nineteen  hundred  eighty-four,  nor shall any excess of wages over four  hundred fifty dollars per  week  be  taken  into  account  in  computing  compensation  under  this  section in cases where the death occurs on or  after July first, nineteen hundred eighty-five; nor shall any excess  of  wages  over one hundred eighty-seven dollars and fifty cents per week on  or after January first,  nineteen  hundred  seventy-eight  or  over  two  hundred  seventy  dollars  per  week  on  or  after July first, nineteen  hundred seventy-eight or over three hundred twenty-two dollars and fifty  cents per week on or after January first, nineteen hundred seventy-nine,  and prior to July first, nineteen hundred eighty-three,  be  taken  into  account  in  computing  compensation  under  this  section nor shall any  excess of wages over six hundred and seventeen dollars and fifty cents a  month be taken into account in computing compensation under this section  in cases where the death occurred  on  or  after  July  first,  nineteen  hundred  seventy-four,  and  prior  to  January  first, nineteen hundred  seventy-eight, nor shall any excess  of  wages  over  five  hundred  and  twenty  dollars  a month be taken into account in computing compensation  in cases where death occurred on or after July first,  nineteen  hundred  seventy  and  prior  to  July  first, nineteen hundred seventy-four, nor  shall any excess of wages over four hundred  and  fifty-five  dollars  a  month  be  taken  into  account in computing compensation in cases where  death occurred on or after July first, nineteen hundred sixty-eight  and  prior  to  July first, nineteen hundred seventy, nor shall any excess of  wages over three hundred and  ninety  dollars  a  month  be  taken  into  account  in  computing  compensation in cases where death occurred on or  after July first, nineteen hundred sixty-five and prior to  July  first,  nineteen  hundred  sixty-eight, nor shall any excess of wages over three  hundred and fifty-seven dollars and fifty cents a month  be  taken  into  account  in  computing  compensation in cases where death occurred on or  after July first, nineteen hundred sixty-two and prior  to  July  first,  nineteen  hundred  sixty-five,  nor shall any excess of wages over three  hundred and twenty-five  dollars  a  month  be  taken  into  account  in  computing  compensation  in  cases where death occurred on or after July  first, nineteen hundred sixty and prior to July first, nineteen  hundred  sixty-two, nor shall any excess of wages over two hundred and ninety-two  dollars  and  fifty  cents  a  month  be taken into account in computingcompensation where death occurred  on  or  after  July  first,  nineteen  hundred fifty-eight and prior to July first, nineteen hundred sixty, nor  shall  any excess of wages over two hundred and sixty dollars a month be  taken  into account in computing compensation where death occurred on or  after July first, nineteen hundred fifty-four and prior to  July  first,  nineteen  hundred  fifty-eight,  nor  shall any excess of wages over two  hundred and twenty-seven dollars and fifty cents a month be  taken  into  account  in computing compensation where death occurred on or after July  first, nineteen hundred forty-eight and prior to  July  first,  nineteen  hundred  fifty-four,  nor shall any excess of wages over one hundred and  eighty-two  dollars  a  month  be  taken  into  account   in   computing  compensation  where  the death occurred on or after June first, nineteen  hundred forty-six and prior to July first, nineteen hundred forty-eight.  When death occurred on or after July first, nineteen hundred forty-eight  and prior to January first, nineteen  hundred  seventy-eight,  computing  compensation to the widow or widower and children of a deceased employee  in no event shall wages be deemed to be less than one hundred and thirty  dollars  a  month. All questions of dependency shall be determined as of  the time of the accident. When death occurred on or after January first,  nineteen hundred seventy-eight, in no event shall wages be deemed to  be  less  than  forty-five  dollars  a week in computing compensation to the  widow or widower and/or children of the deceased employee.    6. If  there  be  a  person  entitled  to  death  benefits  under  the  provisions  of  this  section,  who  shall  be under the age of eighteen  years, and who shall be an inmate of any institution and a public charge  upon the department of social services of the city of New York,  or  any  other  department  or  body,  the  benefits  allowed  hereunder shall be  payable to the said department of public welfare of the city of New York  or any other department or body to the extent of the reasonable  charges  for  the care and maintenance, during the continuance as a public charge  in said institution, of said beneficiary and until the said person shall  have attained the age of eighteen years. Any sum or sums remaining after  the said payment out of the benefits shall be distributed as provided by  the other subdivisions of this section.    7. In computing the offsets under subdivisions one-c and two-a of this  section any  increase  in  survivors  insurance  benefits  under  social  security  that  occurs  after the date of death shall not be considered,  and any such  offset  shall  be  equally  applicable  to  the  survivors  insurance  benefits  under  the  social  security act which are received  retroactively but such offset shall  not  apply  to  increases  of  such  benefits received retroactively.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Wkc > Article-2 > 16

§  16.  Death  benefits.  If the injury causes death, the compensation  shall be known as a death benefit and shall be payable in the amount and  to or for the benefit of the persons following:    1. Funeral expenses. The chair shall prepare and establish a  schedule  for  the  state  or  schedules  limited to defined localities of maximum  charges and  fees  for  such  funeral  expenses,  to  be  determined  in  accordance  with,  and  to  be  subject  to  change  pursuant  to, rules  promulgated by the chair. Before preparing such schedule for  the  state  or  schedules  for  limited  localities,  the  chair  shall  request the  president of the New York state funeral directors' association to submit  to the chair a report on the  amount  of  remuneration  deemed  by  such  association  to  be  fair and adequate for the types of funeral services  rendered under this chapter, but consideration shall also  be  given  to  the  views  of  other  interested  parties.  The  amounts payable by the  employer for such services shall be the actual fees and  charges  up  to  the  maximum  established  by  such schedule. Provided, however, no such  schedule of charges and fees shall apply where a firefighter  dies  from  injuries received in the line of duty as a direct result of firefighting  or  where  a  police  officer dies from injuries received in the line of  duty as a direct  result  of  law  enforcement  activities,  where  such  funeral  expenses  are  reasonable.  If such funeral expenses shall have  been paid by the claimants entitled to compensation under  this  section  or by others, the funeral expenses awarded shall be made payable to such  claimants  or  others,  otherwise  they  shall  be  made  payable to the  undertaker who shall have provided burial.  Funeral  expenses  shall  be  awarded  in  case of all injuries causing death including cases in which  there are no persons entitled to other compensation under this chapter.    1-a. For the purpose of this section, (1) the term dependent blind  or  physically  disabled  as  used  herein in relation to dependent children  shall be deemed to mean totally blind or  physically  disabled  children  whose  disablement is total and permanent, (2) the term surviving spouse  shall be deemed to mean the legal spouse but shall not include a  spouse  who  has  abandoned  the  deceased,  and (3) the term abandoned shall be  deemed to mean such an abandonment as would be sufficient under  section  two  hundred  of  the  domestic  relations  law to sustain a judgment of  separation on that ground.    1-b. If there be a surviving spouse and no child of the deceased under  the age of eighteen years and no child of any  age  dependent  blind  or  physically  disabled,  and  the  death  occurs  on  or after July first,  nineteen hundred forty-eight,  and  prior  to  January  first,  nineteen  hundred  seventy-eight,  to  such spouse forty per centum of the average  wages of the deceased during widowhood or widowerhood  with  two  years'  compensation  in  one sum, upon remarriage; and where the death occurred  prior to July first, nineteen hundred  forty-eight,  to  such  wife  (or  dependent  husband) thirty per centum of such wages during widowhood (or  dependent widowerhood) with two years' compensation  in  one  sum,  upon  remarriage.    1-c. If there be a surviving spouse and no child of the deceased under  the  age  of  eighteen  years  or under the age of twenty-three years if  enrolled  and  attending  as  a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is  certified by such institution and no child of any age dependent blind or  physically disabled, and the death occurs on  or  after  January  first,  nineteen  hundred seventy-eight, to such spouse sixty-six and two-thirds  per centum of the average wages of  the  deceased  during  widowhood  or  widowerhood  with  two years' compensation, in one sum, upon remarriage.  Where the death occurs on  or  after  January  first,  nineteen  hundred  seventy-eight,  and  the  spouse  is  receiving  the survivors insurancebenefits under the social security act, the death benefit payable  under  this section shall be reduced in accordance with the provisions of table  No.  1  below by five per centum of the spouse's share of the survivor's  insurance benefits under the social security act for each ten dollars of  deceased's average weekly wage in excess of one hundred dollars provided  that  in  no  case  shall such reduction exceed fifty per centum of said  spouse's share of the survivors  insurance  benefits  under  the  social  security act.                                 TABLE No. I                Offset provisions applicable in death benefits                   where there is a sole surviving spouse   AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S                                                        SHARE OF SURVIVORS                                                        INSURANCE BENEFITS   over $100 up to and including $110 ................................... 5  over $110 up to and including $120 .................................. 10  over $120 up to and including $130 .................................. 15  over $130 up to and including $140 .................................. 20  over $140 up to and including $150 .................................. 25  over $150 up to and including $160 .................................. 30  over $160 up to and including $170 .................................. 35  over $170 up to and including $180 .................................. 40  over $180 up to and including $190 .................................. 45  over $190 up to and including $200 .................................. 50  over $200 ........................................................... 50    1-d.  If  there  be  a  surviving  spouse  of an employee of a private  voluntary hospital killed in a World Trade Center rescue, who  passed  a  physical  examination  upon employment as a rescue worker that failed to  reveal evidence of a condition that was the proximate  cause  of  death,  and  no  child of the deceased under the age of eighteen years, or under  the age of twenty-three years if enrolled and attending as  a  full-time  student in an accredited educational institution and such enrollment and  full-time  attendance  is certified by such institution, and no child of  any  age  dependent  blind  or  physically  disabled,  to  such   spouse  seventy-five  per  centum  of  the  average wages of the deceased during  widowhood or widowerhood, with two years' compensation, in one sum, upon  remarriage. Where such death occurs, and the  spouse  is  receiving  the  survivors  insurance  benefits  under the social security act, the death  benefit payable under this section shall be reduced in  accordance  with  the  provisions  of  table No. I in subdivision one-c of this section by  five per centum of  the  spouse's  share  of  the  survivor's  insurance  benefits  under  the  social  security  act  for  each  ten  dollars  of  deceased's average  weekly  wage  in  excess  of  one  hundred  dollars;  provided that in no case shall such reduction exceed fifty per centum of  such spouse's share of the survivors insurance benefits under the social  security act.    2. If there be a surviving spouse and a surviving child or children of  the  deceased  under  the  age of eighteen years or a surviving child or  children of any age dependent blind  or  physically  disabled,  and  the  death  occurs  on or after July first, nineteen hundred forty-eight, and  prior to January first, nineteen hundred seventy-eight, to  such  spouse  thirty  per centum of the average wages of the deceased during widowhood  or widowerhood with two years' compensation in one sum, upon remarriage;  and the additional amount of twenty per centum of such  wages  for  each  such  child  until the age of eighteen years or until the removal of thedependency of the blind or physically disabled  child  or  children;  in  case  of the subsequent death or remarriage of such surviving spouse any  surviving child of the deceased employee, at  the  time  under  eighteen  years  of  age  or dependent through mental or physical infirmity, shall  have his compensation increased to thirty per centum of such wages,  and  the same shall be payable until he shall reach the age of eighteen years  or  until  such  dependent  blind or physically disabled condition shall  have been removed; provided that the total amount payable  shall  in  no  case  exceed  sixty-six  and  two-thirds  per centum of such wages. Upon  statutory termination of compensation payments to all such children, the  compensation of the surviving spouse shall be  increased  to  forty  per  centum  of such wages with two years' compensation, at such rate, in one  sum, upon remarriage.    If there be a surviving wife (or dependent husband)  and  any  of  the  aforementioned  surviving children, and the death occurred prior to July  first, nineteen hundred forty-eight, to such wife (or dependent husband)  thirty per centum of the average wages of the deceased during  widowhood  (or dependent widowerhood) with two years' compensation in one sum, upon  remarriage;  and  the  additional amount of ten per centum of such wages  for each such child until eighteen years of age or until the removal  of  the dependency of the blind or physically disabled child or children; in  case  of  the  subsequent death or remarriage of such surviving wife (or  dependent husband) any surviving child of the deceased  shall  have  his  compensation  increased  to  fifteen  per  centum of such wages until he  shall reach the age of eighteen years or until such dependent  blind  or  physically disabled condition shall have been removed; provided that the  total  amount  payable  shall in no case exceed sixty-six and two-thirds  per centum of such wages.    The board may in its discretion require the appointment of a  guardian  for  the  purpose  of  receiving  the compensation of a minor child or a  dependent blind or physically disabled child. In the absence of  such  a  requirement by the board the appointment of a guardian for such purposes  shall not be necessary.    2-a.  If  there  be a surviving spouse and a surviving child under the  age of eighteen years or under the age of twenty-three years if enrolled  and attending as a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such  institution  or  a  surviving  child of any age dependent blind or  physically disabled and the death occurs  on  or  after  January  first,  nineteen hundred seventy-eight, to such spouse thirty-six and two-thirds  per  centum  of  the  average  wages of the deceased during widowhood or  widowerhood with two years' compensation in one  sum,  upon  remarriage;  and  thirty  per  centum  of  such  wages to such child under the age of  eighteen years or under the age of twenty-three years  if  enrolled  and  attending   as   a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such institution or a surviving child of  any  age  dependent  blind  or  physically  disabled;  in  the  case  of  the  subsequent  death of such  surviving  spouse  the  surviving  child  shall  have  his  compensation  increased  to  sixty-six and two-thirds per centum of such wages and the  same shall be payable so long as he is under the age of  eighteen  years  or  under  the  age of twenty-three years if enrolled and attending as a  full time student in an  accredited  educational  institution  and  such  enrollment  and full time attendance is certified by such institution or  a surviving child of any age dependent  blind  or  physically  disabled;  upon  statutory  termination  of compensation payable to such child, the  compensation of the surviving spouse shall be increased to sixty-six and  two-thirds per centum of such wages with  two  years'  compensation,  atsuch  rate,  in  one  sum,  upon  remarriage.  Upon  remarriage  of such  surviving spouse, the surviving child shall continue to  receive  thirty  per  centum  of  such  wages. Where the death occurs on or after January  first,  nineteen  hundred  seventy-eight  and  the  spouse  is receiving  survivors insurance benefits under the social security  act,  the  death  benefit  payable  under this section shall be reduced by five per centum  of the spouse's share of the  survivors  insurance  benefits  under  the  social  security  act  for each ten dollars of deceased's average weekly  wage in excess of one hundred dollars provided that  in  no  case  shall  such  reduction  exceed  fifty  per centum of said spouse's share of the  survivors insurance benefits under the social security act as set  forth  in table No. I below.                                  TABLE No. I                Offset provisions applicable in death benefits               where there is a surviving spouse and one child   AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S                                                        SHARE OF SURVIVORS                                                        INSURANCE BENEFITS  over $100 up to and including $110 ................................... 5  over $110 up to and including $120 .................................. 10  over $120 up to and including $130 .................................. 15  over $130 up to and including $140 .................................. 20  over $140 up to and including $150 .................................. 25  over $150 up to and including $160 .................................. 30  over $160 up to and including $170 .................................. 35  over $170 up to and including $180 .................................. 40  over $180 up to and including $190 .................................. 45  over $190 up to and including $200 .................................. 50  over $200 ........................................................... 50    If  there  be  a  surviving  spouse and two or more surviving children  under the age of eighteen years or under the age of  twenty-three  years  if  enrolled  and  attending  as  a  full  time student in an accredited  educational institution and such enrollment and full time attendance  is  certified  by  such  institution or a surviving child or children of any  age dependent blind or physically disabled and  a  death  occurs  on  or  after  January  first,  nineteen  hundred  seventy-eight, to such spouse  thirty-six and two-thirds per centum of the average wage of the deceased  during widowhood or widowerhood with two years' compensation in one  sum  upon  remarriage;  and  thirty per centum of such wages to such children  under the age of eighteen years or under the age of  twenty-three  years  if  enrolled  and  attending  as  a  full  time student in an accredited  educational institution and such enrollment and full time attendance  is  certified  by  such  institution or a surviving child or children of any  age dependent blind or physically disabled, share and  share  alike;  in  case  of  the  subsequent  death  of such surviving spouse the surviving  children shall  have  their  compensation  increased  to  sixty-six  and  two-thirds  per  centum  of  such  wages  and the aggregate sum shall be  payable, share and share alike, so long as they are  under  the  age  of  eighteen  years  or  under the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an   accredited   educational  institution and such enrollment and full time attendance is certified by  such  institution  or a surviving child or children of any age dependent  blind or physically disabled. Upon remarriage of such surviving  spouse,  if  there  be  two surviving children each shall receive twenty-five per  centum of such wages, and if there are surviving more than two  childrenunder  the  age  of  eighteen  years or under the age of twenty-three if  enrolled  and  attending  as  a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is  certified  by  such  institution or a surviving child or children of any  age dependent blind or physically disabled sixty-six and two-thirds  per  centum  of  such wages share and share alike. Upon statutory termination  of compensation payable  to  such  children,  the  compensation  of  the  surviving  spouse  shall  be  increased  to sixty-six and two-thirds per  centum of such wages with two years' compensation, at such rate, in  one  sum,  upon remarriage. Where the death occurs on or after January first,  nineteen hundred seventy-eight, and the spouse  is  receiving  survivors  insurance  benefits  under  the  social security act, the death benefits  payable under this section shall be reduced by five per  centum  of  the  spouse's  share  of  the  survivors  insurance benefits under the social  security act for each ten dollars of deceased's average weekly  wage  in  excess  of one hundred fifty dollars provided that in no case shall such  reduction exceed  fifty  per  centum  of  said  spouse's  share  of  the  survivors  insurance benefits under the social security act as set forth  in table No. II below.                                 TABLE No. II                Offset provisions applicable in death benefits         where there is a surviving spouse and two or more children   AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S                                                        SHARE OF SURVIVORS                                                        INSURANCE BENEFITS  over $150 up to and including $160 ................................... 5  over $160 up to and including $170 .................................. 10  over $170 up to and including $180 .................................. 15  over $180 up to and including $190 .................................. 20  over $190 up to and including $200 .................................. 25  over $200 up to and including $210 .................................. 30  over $210 up to and including $220 .................................. 35  over $220 up to and including $230 .................................. 40  over $230 up to and including $240 .................................. 45  over $240 up to and including $250 .................................. 50  over $250 ........................................................... 50    2-b. If there be a surviving  spouse  of  an  employee  of  a  private  voluntary  hospital  killed in a World Trade Center rescue, who passed a  physical examination upon employment as a rescue worker that  failed  to  reveal  evidence  of  a condition that was the proximate cause of death,  and a surviving child under the age of eighteen years, or under the  age  of  twenty-three  years if enrolled and attending as a full-time student  in  an  accredited  educational  institution  and  such  enrollment  and  full-time  attendance  is  certified by such institution, or a surviving  child of any age dependent blind or physically disabled, to such  spouse  forty  per  centum of the average wages of the deceased during widowhood  or  widowerhood,  with  two  years'  compensation  in  one   sum,   upon  remarriage; and thirty-five per centum of such wages to such child under  the  age  of  eighteen  years, or under the age of twenty-three years if  enrolled  and  attending  as  a  full-time  student  in  an   accredited  educational  institution and such enrollment and full-time attendance is  certified by such institution, or a surviving child of any age dependent  blind or physically disabled; in the case of  the  subsequent  death  of  such  surviving  spouse  the  surviving  child  shall  have  his  or her  compensation increased to seventy-five per centum of such wages and  thesame  shall be payable so long as he or she is under the age of eighteen  years, or under the age of twenty-three years if enrolled and  attending  as a full-time student in an accredited educational institution and such  enrollment and full-time attendance is certified by such institution, or  a  surviving  child  of  any age dependent blind or physically disabled;  upon statutory termination of compensation payable to  such  child,  the  compensation  of the surviving spouse shall be increased to seventy-five  per centum of such wages with two years' compensation, at such rate,  in  one  sum, upon remarriage. Upon remarriage of such surviving spouse, the  surviving child shall continue to receive thirty-five per centum of such  wages. Where such death occurs, and the spouse  is  receiving  survivors  insurance  benefits  under  the  social  security act, the death benefit  payable under this section shall be reduced by five per  centum  of  the  spouse's  share  of  the  survivors  insurance benefits under the social  security act for each ten dollars of deceased's average weekly  wage  in  excess  of  one  hundred  dollars;  provided  that in no case shall such  reduction exceed  fifty  per  centum  of  such  spouse's  share  of  the  survivors  insurance benefits under the social security act as set forth  in table No. I in subdivision one-c of  this  section.  If  there  be  a  surviving  spouse  of an employee of a private voluntary hospital killed  in a World Trade Center rescue, who passed a physical  examination  upon  employment  as  a  rescue  worker  that  failed  to reveal evidence of a  condition that was the  proximate  cause  of  death,  and  two  or  more  surviving  children under the age of eighteen years, or under the age of  twenty-three years if enrolled and attending as a full-time  student  in  an  accredited educational institution and such enrollment and full-time  attendance is certified by such institution, or  a  surviving  child  or  children  of  any age dependent blind or physically disabled and a death  occurs on or after September eleventh, two thousand one, to such  spouse  forty per centum of the average wage of the deceased during widowhood or  widowerhood with two years' compensation in one sum upon remarriage; and  thirty-five  per  centum of such wages to such children under the age of  eighteen years, or under the age of twenty-three years if  enrolled  and  attending   as   a   full-time  student  in  an  accredited  educational  institution and such enrollment and full-time attendance is certified by  such institution, or a surviving child or children of any age  dependent  blind  or  physically  disabled,  share  and share alike; in case of the  subsequent death of such surviving spouse the surviving  children  shall  have  their  compensation  increased  to seventy-five per centum of such  wages and the aggregate sum shall be payable, share and share alike,  so  long  as  they  are under the age of eighteen years, or under the age of  twenty-three years if enrolled and attending as a full-time  student  in  an  accredited educational institution and such enrollment and full-time  attendance is certified by such institution, or  a  surviving  child  or  children  of  any  age  dependent  blind  or  physically  disabled. Upon  remarriage of such surviving spouse, if there be two surviving  children  each  shall  receive thirty-seven and one-half per centum of such wages,  and if there are surviving more than  two  children  under  the  age  of  eighteen  years,  or  under  the  age  of  twenty-three  if enrolled and  attending  as  a  full-time  student  in   an   accredited   educational  institution and such enrollment and full-time attendance is certified by  such  institution, or a surviving child or children of any age dependant  blind or physically disabled, seventy-five  per  centum  of  such  wages  share  and  share  alike.  Upon  statutory  termination  of compensation  payable to such children, the compensation of the surviving spouse shall  be increased to seventy-five per centum of such wages  with  two  years'  compensation, at such rate, in one sum, upon remarriage. Where the death  occurs  on or after September eleventh, two thousand one, and the spouseis receiving survivors insurance benefits under the social security act,  the death benefits payable under this section shall be reduced  by  five  per  centum  of  the  spouse's share of the survivors insurance benefits  under the social security act for each ten dollars of deceased's average  weekly  wage in excess of one hundred fifty dollars; provided that in no  case shall such reduction exceed fifty per centum of said spouse's share  of the survivors insurance benefits under the social security act as set  forth in table No. II in subdivision two-a of this section.    3. If there be a surviving child or children of the deceased under the  age of eighteen years or a dependent blind or physically disabled  child  or  children  of  any  age, but no surviving spouse then where the death  occurs on or after July first, nineteen hundred forty-eight,  and  prior  to  January  first,  nineteen  hundred seventy-eight, for the support of  each such child until the age of eighteen years, or until the removal of  the dependency of such blind or physically disabled child  or  children,  thirty  per  centum  of  the  wages of the deceased, and where the death  occurred prior to July first,  nineteen  hundred  forty-eight,  for  the  support of each such child until the age of eighteen years, or until the  removal  of the dependency of such blind or physically disabled child or  children, fifteen per centum of the wages of the deceased; provided that  the aggregate shall in no  case  exceed  sixty-six  and  two-thirds  per  centum of such wages.    3-a.  If  there be a surviving child or children of the deceased under  the age of eighteen years or under the  age  of  twenty-three  years  if  enrolled  and  attending  as  a  full  time  student  in  an  accredited  educational institution and such enrollment and full time attendance  is  certified  by  such  institution  or  a  dependent  blind  or physically  disabled child or children of any age,  but  no  surviving  spouse  then  where  the  death  occurs  on  or  after January first, nineteen hundred  seventy-eight, for the support of such child or children until  the  age  of  eighteen  years,  or under the age of twenty-three years if enrolled  and attending as a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such institution or until the removal of the dependency of such blind or  physically  disabled  child  or  children,  sixty-six and two-thirds per  centum of the wages of  the  deceased.  Where  there  are  two  or  more  children,  the compensation payable shall be divided among such children  share and share alike.    3-b. If there be a surviving child or children, of an  employee  of  a  private  voluntary  hospital  killed in a World Trade Center rescue, who  passed a physical examination upon employment as a  rescue  worker  that  failed to reveal evidence of a condition that was the proximate cause of  death, under the age of eighteen years, or under the age of twenty-three  years  if enrolled and attending as a full-time student in an accredited  educational institution and such enrollment and full-time attendance  is  certified  by  such  institution,  or  a  dependent  blind or physically  disabled child, or children of any age, but no  surviving  spouse  then,  where  such  death  occurs, for the support of each such child until the  age of eighteen years,  or  under  the  age  of  twenty-three  years  if  enrolled   and  attending  as  a  full-time  student  in  an  accredited  educational institution and such enrollment and full-time attendance  is  certified  by such institution or until the removal of the dependency of  such blind or physically disabled child or  children,  seventy-five  per  centum  of  the  wages  of  the  deceased.  Where  there are two or more  children, the compensation payable shall be divided among such  children  share and share alike.    4.  If there be no surviving spouse or child under the age of eighteen  years, or dependent blind or physically disabled child of any age, or ifthe amount payable to surviving spouse and to children under the age  of  eighteen  years  or such dependent blind or physically disabled children  shall be less in the aggregate than sixty-six and two-thirds per  centum  of  the average wages of the deceased, then where the death occurs on or  after July first, nineteen hundred forty-eight,  and  prior  to  January  first,  nineteen hundred seventy-eight, for the support of grandchildren  or brothers and sisters under the age of eighteen  years,  if  dependent  upon the deceased at the time of the accident, twenty-five per centum of  such wages for the support of each such person until the age of eighteen  years;  and  for  the  support  of  each  parent, or grandparent, of the  deceased if dependent upon him at the time of the  accident,  forty  per  centum  of  such  wages  during  such  dependency;  and  where the death  occurred prior to July first,  nineteen  hundred  forty-eight,  to  such  dependent  grandchildren  or brothers and sisters, fifteen per centum of  such wages until eighteen years of age, and to such dependent parent  or  grandparent, twenty-five per centum of such wages during dependency. But  in  no  case  shall  the aggregate amount payable under this subdivision  exceed the difference between sixty-six and  two-thirds  per  centum  of  such wages, and the amount payable as hereinbefore provided to surviving  spouse or for the support of surviving child or children.    4-a.  If  there  be  no  surviving  spouse  or  child under the age of  eighteen years or under the age of twenty-three years  if  enrolled  and  attending   as   a  full  time  student  in  an  accredited  educational  institution and such enrollment and full time attendance is certified by  such institution or dependent blind or physically disabled child of  any  age,  then  where  the  death occurs on or after January first, nineteen  hundred seventy-eight, for the support of grandchildren or brothers  and  sisters  if  dependent  upon  the  deceased at the time of the accident,  under the age of eighteen years, or under the age of twenty-three  years  if  enrolled  and  attending  as  a  full  time student in an accredited  educational institution and such enrollment and full time attendance  is  certified   by   such  institution,  or  blind  or  physically  disabled  grandchildren or brothers and sisters of any age, twenty-five per centum  of such wages for the support of each  such  person  until  the  age  of  eighteen  years;  or until the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an   accredited   educational  institution  or  until  the  removal  of the dependency of such blind or  physically disabled grandchildren or  brothers  and  sisters,  and  such  enrollment and full time attendance is certified by such institution and  for  the  support  of  each  parent,  or grandparent, of the deceased if  dependent upon him or her at the time of the accident, forty per  centum  of such wages during such dependency. But in no case shall the aggregate  amount  payable  under  this subdivision exceed sixty-six and two-thirds  per centum of such wages.    4-b. If there be no  surviving  spouse  or  child  under  the  age  of  eighteen  years  or  under the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an   accredited   educational  institution and such enrollment and full time attendance is certified by  such  institution or dependent blind or physically disabled child of any  age or grandchildren or brothers  and  sisters  if  dependent  upon  the  deceased  at  the time of the accident, under the age of eighteen years,  or under the age of twenty-three years if enrolled and  attending  as  a  full  time  student  in  an  accredited educational institution and such  enrollment and full time attendance is certified by such institution  or  disabled  blind  or  physically  disabled  grandchildren or brothers and  sisters of any age, then a sum of fifty thousand dollars shall  be  paid  to  the deceased's surviving parents or if there be no surviving parents  to the deceased's estate.4-c. If there be no surviving spouse  or  child,  or  children  of  an  employee  of a private voluntary hospital killed in a World Trade Center  rescue, who passed a physical examination upon employment  as  a  rescue  worker  that  failed  to  reveal  evidence  of  a condition that was the  proximate  cause of death, under the age of eighteen years, or under the  age of twenty-three years if  enrolled  and  attending  as  a  full-time  student in an accredited educational institution and such enrollment and  full-time  attendance  is  certified  by  such institution, or dependent  blind or physically disabled child of any  age,  then  where  the  death  occurs on or after September eleventh, two thousand one, for the support  of  grandchildren or brothers and sisters if dependent upon the deceased  at the time of the accident, under the age of eighteen years,  or  under  the  age  of twenty-three years if enrolled and attending as a full-time  student in an accredited educational institution and such enrollment and  full-time attendance is certified  by  such  institution,  or  blind  or  physically  disabled  grandchildren  or brothers and sisters of any age,  twenty-five per centum of such wages for the support of each such person  until the age of eighteen years; or until the age of twenty-three  years  if  enrolled  and  attending  as  a  full-time  student in an accredited  educational institution, or until the removal of the dependency of  such  blind  or physically disabled grandchildren or brothers and sisters, and  such  enrollment  and  full-time  attendance  is   certified   by   such  institution  and  for the support of each parent, or grandparent, of the  deceased if dependent upon him or her at the time of the accident, forty  per centum of such wages during such dependency. But in  no  case  shall  the  aggregate amount payable under this subdivision exceed seventy-five  per centum of such wages.    4-d. If there be no surviving spouse  or  child,  or  children  of  an  employee  of a private voluntary hospital killed in a World Trade Center  rescue, who passed a physical examination upon employment  as  a  rescue  worker  that  failed  to  reveal  evidence  of  a condition that was the  proximate cause of death, under the age of eighteen years, or under  the  age  of  twenty-three  years  if  enrolled  and attending as a full-time  student in an accredited educational institution and such enrollment and  full-time attendance is certified  by  such  institution,  or  dependent  blind  or  physically  disabled  child  of  any age, or grandchildren or  brothers and sisters if dependent upon the deceased at the time  of  the  accident,  under  the  age  of  eighteen  years,  or  under  the  age of  twenty-three years if enrolled and attending as a full-time  student  in  an  accredited educational institution and such enrollment and full-time  attendance is certified  by  such  institution,  or  disabled  blind  or  physically  disabled  grandchildren  or brothers and sisters of any age,  then a sum of fifty thousand dollars shall be  paid  to  the  deceased's  surviving  parents or if there be no surviving parents to the deceased's  estate.    5. Any excess of wages over: (1) seven hundred fifty dollars shall not  be taken into account in computing compensation under  this  section  in  cases where the death occurs on or after July first, two thousand seven,  (2) eight hundred twenty-five dollars shall not be taken into account in  computing  compensation  under  this  section  in  cases where the death  occurs on or after July first, two  thousand  eight,  (3)  nine  hundred  dollars  shall not be taken into account in computing compensation under  this section in cases where the death occurs on or after July first, two  thousand nine, and (4) where the death occurs on or  after  July  first,  two  thousand  ten,  or  when the death occurs on or after July first of  each succeeding year, an amount equal to  the  New  York  state  average  weekly wage for the year in which it is reported shall not be taken into  account  in  computing  compensation  under  this section. Any excess ofwages over five hundred ten dollars and five cents per week shall not be  taken into account in computing compensation under this section in cases  where the death occurs on or after July first, nineteen hundred  ninety,  nor  shall any excess of wages over five hundred twenty-five dollars per  week be taken into account in computing compensation  pursuant  to  this  section  in  cases  where  death occurs on or after July first, nineteen  hundred ninety-one, nor shall any  excess  of  wages  over  six  hundred  dollars  per  week  be  taken  into  account  in  computing compensation  pursuant to this section in cases where death occurs on  or  after  July  first,  nineteen hundred ninety-two with the exception that wages earned  over six hundred dollars  per  week  shall  be  taken  into  account  in  computing compensation under this section in cases involving an employee  of  a  private  voluntary  hospital  resulting from a World Trade Center  rescue, who passed a physical examination upon employment  as  a  rescue  worker  that  failed  to  reveal  evidence  of  a condition that was the  proximate cause of death; nor shall  any  excess  of  wages  over  three  hundred  eighty-two  dollars  and  fifty  cents  per  week be taken into  account in computing compensation under this section in cases where  the  death  occurs on or after July first, nineteen hundred eighty-three, nor  shall any excess of wages over four hundred  twelve  dollars  and  fifty  cents  per  week  be  taken into account in computing compensation under  this section in cases where the death occurs on  or  after  July  first,  nineteen  hundred  eighty-four,  nor shall any excess of wages over four  hundred fifty dollars per  week  be  taken  into  account  in  computing  compensation  under  this  section in cases where the death occurs on or  after July first, nineteen hundred eighty-five; nor shall any excess  of  wages  over one hundred eighty-seven dollars and fifty cents per week on  or after January first,  nineteen  hundred  seventy-eight  or  over  two  hundred  seventy  dollars  per  week  on  or  after July first, nineteen  hundred seventy-eight or over three hundred twenty-two dollars and fifty  cents per week on or after January first, nineteen hundred seventy-nine,  and prior to July first, nineteen hundred eighty-three,  be  taken  into  account  in  computing  compensation  under  this  section nor shall any  excess of wages over six hundred and seventeen dollars and fifty cents a  month be taken into account in computing compensation under this section  in cases where the death occurred  on  or  after  July  first,  nineteen  hundred  seventy-four,  and  prior  to  January  first, nineteen hundred  seventy-eight, nor shall any excess  of  wages  over  five  hundred  and  twenty  dollars  a month be taken into account in computing compensation  in cases where death occurred on or after July first,  nineteen  hundred  seventy  and  prior  to  July  first, nineteen hundred seventy-four, nor  shall any excess of wages over four hundred  and  fifty-five  dollars  a  month  be  taken  into  account in computing compensation in cases where  death occurred on or after July first, nineteen hundred sixty-eight  and  prior  to  July first, nineteen hundred seventy, nor shall any excess of  wages over three hundred and  ninety  dollars  a  month  be  taken  into  account  in  computing  compensation in cases where death occurred on or  after July first, nineteen hundred sixty-five and prior to  July  first,  nineteen  hundred  sixty-eight, nor shall any excess of wages over three  hundred and fifty-seven dollars and fifty cents a month  be  taken  into  account  in  computing  compensation in cases where death occurred on or  after July first, nineteen hundred sixty-two and prior  to  July  first,  nineteen  hundred  sixty-five,  nor shall any excess of wages over three  hundred and twenty-five  dollars  a  month  be  taken  into  account  in  computing  compensation  in  cases where death occurred on or after July  first, nineteen hundred sixty and prior to July first, nineteen  hundred  sixty-two, nor shall any excess of wages over two hundred and ninety-two  dollars  and  fifty  cents  a  month  be taken into account in computingcompensation where death occurred  on  or  after  July  first,  nineteen  hundred fifty-eight and prior to July first, nineteen hundred sixty, nor  shall  any excess of wages over two hundred and sixty dollars a month be  taken  into account in computing compensation where death occurred on or  after July first, nineteen hundred fifty-four and prior to  July  first,  nineteen  hundred  fifty-eight,  nor  shall any excess of wages over two  hundred and twenty-seven dollars and fifty cents a month be  taken  into  account  in computing compensation where death occurred on or after July  first, nineteen hundred forty-eight and prior to  July  first,  nineteen  hundred  fifty-four,  nor shall any excess of wages over one hundred and  eighty-two  dollars  a  month  be  taken  into  account   in   computing  compensation  where  the death occurred on or after June first, nineteen  hundred forty-six and prior to July first, nineteen hundred forty-eight.  When death occurred on or after July first, nineteen hundred forty-eight  and prior to January first, nineteen  hundred  seventy-eight,  computing  compensation to the widow or widower and children of a deceased employee  in no event shall wages be deemed to be less than one hundred and thirty  dollars  a  month. All questions of dependency shall be determined as of  the time of the accident. When death occurred on or after January first,  nineteen hundred seventy-eight, in no event shall wages be deemed to  be  less  than  forty-five  dollars  a week in computing compensation to the  widow or widower and/or children of the deceased employee.    6. If  there  be  a  person  entitled  to  death  benefits  under  the  provisions  of  this  section,  who  shall  be under the age of eighteen  years, and who shall be an inmate of any institution and a public charge  upon the department of social services of the city of New York,  or  any  other  department  or  body,  the  benefits  allowed  hereunder shall be  payable to the said department of public welfare of the city of New York  or any other department or body to the extent of the reasonable  charges  for  the care and maintenance, during the continuance as a public charge  in said institution, of said beneficiary and until the said person shall  have attained the age of eighteen years. Any sum or sums remaining after  the said payment out of the benefits shall be distributed as provided by  the other subdivisions of this section.    7. In computing the offsets under subdivisions one-c and two-a of this  section any  increase  in  survivors  insurance  benefits  under  social  security  that  occurs  after the date of death shall not be considered,  and any such  offset  shall  be  equally  applicable  to  the  survivors  insurance  benefits  under  the  social  security act which are received  retroactively but such offset shall  not  apply  to  increases  of  such  benefits received retroactively.