There is a newer version of the New York Consolidated Laws
2006 New York Code - Death Benefits.
§ 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 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. 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
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 the
dependency 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, at
such 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 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 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
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.
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 if
the 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.
5. Any excess of wages 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; 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 computing compensation 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.
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