Section 30. Liability for and payment of benefits  


Latest version.
  • 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.