2010 New York Code
VOL - Volunteer Firefighters' Benefit
Article 3 - (30 - 33) Liability for Benefits; Insurance
30 - Liability for and payment of benefits.

§ 30. Liability  for  and  payment  of  benefits.  Except as otherwise
  provided in article five of the workmen's compensation law,  in  section
  two  hundred  nine-i  of  the  general  municipal  law  and  in  section
  twenty-one of this chapter:
    1. If at the time of injury the volunteer fireman was a  member  of  a
  fire  company  of  a  county,  city, town, village or fire district fire
  department, any benefit under this chapter  shall  be  a  county,  city,
  town, village or fire district charge, as the case may be, and any claim
  therefor shall be audited in the same manner as other claims against the
  county,  city,  town,  village  or  fire district and the amount thereof
  shall be raised and paid in the same manner as other county, city, town,
  village or fire district charges.
    2. If at the time of injury the volunteer fireman was a  member  of  a
  fire  company incorporated under the membership corporations law, or any
  other law, and located in a city, village, or fire  district,  protected
  under  a  contract  by  the fire department or fire company of which the
  volunteer fireman was a member, any benefit under this chapter shall  be
  a  city,  village  or  fire district charge, as the case may be, and any
  claim therefor shall be audited in  the  same  manner  as  other  claims
  against  the city, village or fire district and the amount thereof shall
  be raised and paid in the same manner as other  city,  village  or  fire
  district charges.
    3.  If  at  the time of injury the volunteer fireman was a member of a
  fire company incorporated under the membership corporations law, or  any
  other  law,  and  located  in  a fire protection district, or fire alarm
  district, protected under a contract by such fire company,  any  benefit
  under  this  chapter shall be a town charge and any claim therefor shall
  be audited and paid in the same manner as town charges  and  the  amount
  thereof shall be raised upon the property liable to taxation in the fire
  protection  district  or  fire alarm district in the same manner as town
  charges therein are raised.
    4. If at the time of injury the volunteer fireman was a  member  of  a
  fire  company incorporated under the membership corporations law, or any
  other law, and located outside of a city, village, fire  district,  fire
  protection  district  or  fire  alarm  district,  any benefit under this
  chapter shall be a town charge and any claim therefor shall  be  audited
  and  paid  in  the  same  manner  as town charges and the amount thereof
  raised upon the property liable to taxation in  such  outside  territory
  protected  by  such  fire  company  in  the  same manner as town charges
  therein are raised.
    5. If at the time of injury the volunteer fireman was a  member  of  a
  fire  company  or fire department operating in, or maintained jointly by
  two or more villages, or  two  or  more  towns,  or  two  or  more  fire
  districts, any benefit under this chapter shall be a charge against such
  villages,  towns  or  fire  districts,  in  the proportion that the full
  valuation of taxable real estate in each bears  to  the  aggregate  full
  valuation of the taxable real estate of all such villages, towns or fire
  districts  and  the  amount thereof shall be audited, raised and paid in
  the same manner as other village, town or fire  district  charges.  Full
  valuation  shall  be  determined  by dividing the assessed valuations of
  taxable real estate of each such village, town or fire district as shown
  by the latest completed assessment roll of the  village,  town  or  fire
  district  by  the  equalization rate established by the authorized state
  agency or officer for such roll; provided, however, in a county having a
  county department of assessment the full valuation  in  towns  and  fire
  districts  shall  be  determined by applying the state equalization rate
  established for the town, or the town in  which  the  fire  district  is
  located, to the appropriate portion of the last completed county roll.

6.  The  provisions  of  subdivisions  one to five, inclusive, of this
  section shall not apply if the injury results  from  services  performed
  when assistance is being rendered to:
    a.  Another  city,  town  which has a town fire department, village or
  fire district, including one protected under  a  contract  by  the  fire
  department or fire company of which the volunteer fireman is a member,
    b.  A  fire  protection district or fire alarm district, including one
  protected under a contract by the fire department  or  fire  company  of
  which the volunteer fireman is a member,
    c.  The  area of a town protected by a fire company incorporated under
  the membership corporations law, or any other law, and  located  outside
  of  a  city,  village,  fire district, fire protection district, or fire
  alarm district,
    d. The unorganized area of a town (outside of a  city,  village,  fire
  district,  fire  protection  district,  fire  alarm  district,  and also
  outside the area protected by a  fire  company  incorporated  under  the
  membership  corporations law, or any other law, and located outside of a
  city, village, fire district, fire protection  district  or  fire  alarm
  district),
    e.  The  joint  area  protected  by  a fire company or fire department
  operating in, or maintained jointly by two or more villages, or  two  or
  more towns, or two or more fire districts,
    f. A fire department of a county which has a fire department, or
    g.  A  county  which  has  requested  fire aid pursuant to section two
  hundred nine-e of the general municipal law,
  pursuant  to  a  call  to  furnish  assistance  to  any  such  municipal
  corporation,  district or area in cases of fire or other emergencies, or
  for other authorized purposes, or while going to or returning  from  the
  place  where  the assistance is to be or was rendered, or if death shall
  result from the effects of any such injury, and in  any  such  case  any
  such benefit shall be a charge against such aided municipal corporation,
  district  or  area  and after audit shall be paid and the amount thereof
  shall be raised upon the property liable to taxation in  such  municipal
  corporation,  district  or  area,  in  the  same manner as other charges
  against the same are raised, except  that  in  the  cases  described  at
  paragraphs  b,  c  and  d  of  this  subdivision,  the town in which the
  district or area is located shall be primarily liable for such  payment.
  If  there  is  no  property  liable to taxation in any area described in
  paragraph d, the benefit shall be a town charge and any  claim  therefor
  shall  be  audited  and  paid in the same manner as town charges and the
  amount thereof shall be raised upon the taxable  real  property  in  the
  town in the same manner as town charges therein are raised.
    In  the case of a false call for assistance, any such benefit shall be
  audited, raised and paid in the manner provided in subdivisions  one  to
  five, inclusive, of this section, as the case may be.
    The  term "assistance", as used in this section, includes the services
  of firefighting forces, fire police squads, emergency rescue  and  first
  aid  squads  rendered  in  case  of a fire or other emergency, including
  stand-by service, to aid (1) a fire department,  fire  company,  or  any
  unit thereof, other than that of which the volunteer fireman is a member
  and  (2)  owners or occupants of property, and other persons, whether or
  not such owners, occupants  or  persons  are  receiving  fire  or  other
  emergency  service  from  a  fire  department, fire company, or any unit
  thereof, other than that of which the volunteer fireman is a member.
    Except as otherwise provided by law in the case  of  natural  disaster
  emergencies,  a  call  to  furnish  assistance may be made by any person
  aware of the peril involved and the need for assistance or  pursuant  to
  any  legally  authorized or recognized plan for the furnishing of mutual

aid in cases of fire or other emergency. The call need not originate  in
  the  municipal  corporation,  district  or  area  ultimately  liable for
  benefits under this section and may  be  relayed  through  one  or  more
  persons or mediums of communication.
    The  provisions  of this subdivision six shall not apply if the injury
  results from services performed by the volunteer fireman  in  a  natural
  disaster  emergency  and  he  was  serving  as part of the civil defense
  forces activated pursuant to section  six  hundred  fifty-six-a  of  the
  county  law,  section  two  hundred nine-n of the general municipal law,
  section two hundred nine-o of the general  municipal  law  as  added  by
  chapter   six  hundred  thirty-one  of  the  laws  of  nineteen  hundred
  fifty-seven, or section ten of the executive law, and when assistance is
  being so rendered the benefits  to  be  paid  and  provided  under  this
  chapter  shall  be paid and provided by the political subdivisions which
  would be liable under subdivisions  one  to  five,  inclusive,  of  this
  section.
    If death or injury results from the performance of duty by a volunteer
  fireman  serving  as  fire  chief  while  inspecting a public or private
  school pursuant to paragraph c of subdivision  seven  of  section  eight
  hundred  seven-a of the education law for fire prevention and protection
  purposes in a fire district, fire  protection  district  or  fire  alarm
  district  furnished  fire  protection pursuant to a contract by his fire
  department or fire company, or from necessary travel directly  connected
  with any such duty, then the benefits to be paid and provided under this
  chapter  shall  be  a charge against such fire district, fire protection
  district or fire alarm district so protected pursuant  to  contract  and
  after  audit  shall  be paid and the amount thereof shall be raised upon
  the property liable to taxation in any such district in the same  manner
  as other charges against the same are raised, except that in the case of
  a fire protection district or fire alarm district, the town in which the
  district is located shall be primarily liable for such payment.
    If  death  or  injury  results  from  the  performance  of  duty under
  subdivision  four  of  section  three  hundred  three  of  the  multiple
  residence law, or from necessary travel directly connected with any such
  assignment, and the building or property inspected or to be inspected is
  not  located  in  the  area  regularly  served and protected by the fire
  department or fire company of which the volunteer fireman is  a  member,
  but  is  located  in  a city, town which has a fire department, village,
  fire district, fire protection district or fire  alarm  district  served
  and  protected  pursuant  to  a contract for fire protection by the fire
  department or fire company of which the volunteer fireman is  a  member,
  then  the benefits to be paid and provided under this chapter shall be a
  charge against such political subdivision, fire protection  district  or
  fire  alarm  district  so protected pursuant to contract and after audit
  shall be paid and the amount thereof shall be raised upon  the  property
  liable to taxation in such political subdivision or district in the same
  manner  as other charges against the same are raised, except that in the
  case of a fire protection district or fire alarm district, the  town  in
  which  the  district  is  located  shall  be  primarily  liable for such
  payment.
    If death or injury results from the performance of duty by a volunteer
  fireman while inspecting buildings for fire hazards in a city,  village,
  fire district, fire protection district or fire alarm district furnished
  fire  protection  pursuant  to a contract by his fire department or fire
  company, or from necessary travel directly connected with any such duty,
  then the benefits to be paid and provided under this chapter shall be  a
  charge  against  such  city,  village,  fire  district,  fire protection
  district or fire alarm district so protected pursuant  to  contract  and

after  audit  shall  be paid and the amount thereof shall be raised upon
  the property liable to taxation in any such city, village or district in
  the same manner as other charges against the  same  are  raised,  except
  that  in  the case of a fire protection district or fire alarm district,
  the town in which the district is located shall be primarily liable  for
  such  payment.  This  paragraph  shall  not  be  applicable in any city,
  however, unless a city  charter  or  other  law  under  which  the  city
  operates,  or  a  local  law  adopted  by  the  city, authorizes such an
  inspection in areas of the city receiving fire protection pursuant to  a
  contract.  The  term  "building,"  as  used  in this paragraph, does not
  include a  multiple  dwelling  which  may  be  inspected  by  such  fire
  department   or   company  under  and  pursuant  to  the  provisions  of
  subdivision  four  of  section  three  hundred  three  of  the  multiple
  residence law.
    The  foregoing  provisions of this subdivision six shall apply only in
  cases where volunteer firemen are injured in line of duty prior  to  the
  first  day  of  March,  nineteen  hundred sixty-four; and in death cases
  where death results from injuries sustained prior to  such  date.  Where
  volunteer  firemen are injured in line of duty on or after the first day
  of March, nineteen hundred sixty-four, and in death  cases  where  death
  results from injuries sustained on or after such date, the liability for
  benefits under this chapter shall be determined pursuant to subdivisions
  one to five, inclusive, of this section, except as otherwise provided in
  article  five  of  the  workmen's  compensation law, section two hundred
  nine-i of the general municipal law and in section  twenty-one  of  this
  chapter.
    6-a.  The  provisions  of  subdivisions one to six, inclusive, of this
  section shall not apply if the injury results  from  services  performed
  when  general  ambulance  service  is  furnished under a fire protection
  contract pursuant to section two hundred nine-b of the general municipal
  law for (1) another city, village or fire district,  protected  under  a
  contract  by  the fire department or fire company of which the volunteer
  fireman is a member or (2) a fire  protection  district  or  fire  alarm
  district,  protected  under  a  contract  by the fire department or fire
  company of which the volunteer fireman is a member, pursuant to  a  call
  to  furnish  such service in any such municipal corporation or district,
  or while going to or returning from the place where the service is to be
  or was furnished, or if death shall result from the effects of any  such
  injury,  and in any such case any such benefit shall be a charge against
  such municipal corporation or district and after audit shall be paid and
  the amount thereof shall be raised upon the property liable to  taxation
  in  such  municipal corporation or district, in the same manner as other
  charges against the same are raised, except that in the case of  a  fire
  protection  district  or  fire  alarm  district  the  town  in which the
  district is located shall be primarily liable for such payment.
    The foregoing provisions of this subdivision six-a shall apply only in
  cases where volunteer firemen  are  injured  in  line  of  such  general
  ambulance service duty prior to the first day of March, nineteen hundred
  sixty-four,  and  in  death  cases  where  death  results  from injuries
  sustained prior to such date. Where volunteer  firemen  are  injured  in
  line of such general ambulance service duty on or after the first day of
  March,  nineteen  hundred  sixty-four,  and  in  death cases where death
  results from injuries sustained on or after such date, the liability for
  benefits under this chapter shall be determined pursuant to subdivisions
  one to five, inclusive, of this section, except as otherwise provided in
  article five of the workmen's  compensation  law,  section  two  hundred
  nine-i  of  the  general  municipal  law  and section twenty-one of this
  chapter.

7. Any political subdivision may finance the payment of  any  benefits
  to  be  paid  and  provided under this chapter by the issuance of serial
  bonds or capital notes pursuant to the local finance law  unless  it  is
  required by some law, other than this chapter, to pay such benefits from
  current funds.
    8.  Any  political subdivision may contract for insurance indemnifying
  against the liability imposed by this  chapter  and  the  cost  of  such
  insurance  shall  be  audited,  raised  and  paid  in the same manner as
  benefits are required to be audited, raised and paid in this section.
    9. Insurance authorized to be purchased pursuant to subdivision  eight
  of  this  section  may  be  secured  from  the  state  fund or any stock
  corporation, mutual corporation  or  reciprocal  insurer  authorized  to
  transact  the  business of workers' compensation in this state.  If such
  insurance is not secured, the  political  subdivision  liable  shall  be
  deemed  to  have elected to be a self-insurer unless it is a participant
  in a county plan of self-insurance or its liability for  benefits  under
  this  chapter  is  covered by a town's participation in a county plan of
  self-insurance as provided in subdivision three of  section  sixty-three
  of  the  workers'  compensation  law. Every such self-insurer shall file
  with the chair of the workers'  compensation  board  a  notice  of  such
  election  prescribed  in  form  by  such chair. For failure to file such
  notice within ten days after such election is  made,  the  treasurer  or
  other  fiscal  officer  of such political subdivision shall be liable to
  pay to the chair of the workers'  compensation  board  the  sum  of  one
  hundred dollars as a penalty, to be transferred to the state treasury. A
  notice of election to be a self-insurer for compensation and benefits to
  volunteer firefighters under the provisions of the workers' compensation
  law  and  the  general  municipal  law  in  effect prior to March first,
  nineteen hundred  fifty-seven,  which  was  filed  prior  to  such  date
  pursuant  to  the provisions of subdivision four of section fifty of the
  workers' compensation law as in effect  prior  to  such  date  shall  be
  deemed  to  be  a notice of election filed under this section unless the
  chair of the workers' compensation board is notified  to  the  contrary.
  The  provisions  of  subdivision  five  of section fifty of the workers'
  compensation law shall be applicable to such self-insurers.
    10. The governing board of a  political  subdivision  liable  for  the
  payment  of  such  benefits  may authorize the treasurer or other fiscal
  officer thereof to pay the  financial  benefits  provided  for  in  this
  chapter  to  the person entitled thereto without waiting for an award in
  any case in the manner provided in section forty-nine of  this  chapter.
  The  amount  payable  prior  to  an award pursuant to such authorization
  shall constitute a settled claim within the meaning of the local finance
  law.
    11. A contract for fire protection, for the purposes of this  section,
  shall be deemed in full force and effect if negotiations are pending for
  the renewal thereof.
    12.  Where  a city, village, fire district or town on behalf of a fire
  protection district or fire alarm district is  furnished  service  by  a
  fire  company,  fire  department,  or  any  unit  thereof  pursuant to a
  contract with another city, village, fire district, or  an  incorporated
  fire  company  having  its  headquarters outside the city, village, fire
  district, fire protection district or fire alarm district receiving such
  service and the liability for benefits under this chapter in relation to
  volunteer firefighters rendering such service pursuant to such  contract
  is  not  covered  pursuant  to  a county self-insurance plan pursuant to
  section sixty-three of the  workers'  compensation  law,  such  contract
  shall provide for payment to the city, village, fire district or town in
  which  such  incorporated fire company has its headquarters, of a sum in

addition to the amount to be paid  for  such  service  pursuant  to  the
  contract,  to provide for any increase in cost, or any new or added cost
  for insurance coverage for the liability for benefits under this chapter
  by reason of the service rendered pursuant to such contract, unless such
  additional sum has been specifically included in the contract amount for
  such  service.  Any  such additional sum so paid shall not be subject to
  division with a volunteer fire company as otherwise provided by  law  in
  the case of contracts for such service.