Section 307. Computation of benefits  


Latest version.
  • Compensation  of  a civil defense
      volunteer under this article shall be computed on the basis of his wages
      during the year preceding  injury,  in  case  of  disability  under  the
      provisions  of  section  fourteen  subject to the limitations of section
      fifteen subdivision six, and in case of death under  the  provisions  of
      section  sixteen  subdivision  five;  and "wages" shall be as defined in
      section two subdivision nine.
        Compensation of a civil defense volunteer who was self-employed at the
      time of injury shall be computed, whether for disability  or  death,  on
      the  basis  of  the  wages  of  a  similar  worker  determined under the
      provisions of section fourteen unless the self-employed volunteer, or  a
      dependent  in  a  death  case, shall authorize the state commissioner of
      taxation and finance to furnish to the chairman a copy of the income tax
      return of the civil defense volunteer filed to report income of the year
      next preceding the date of injury, in  which  event  compensation  under
      this  article  shall  be  computed on the basis of an assumed wage which
      shall be deemed to be the entire net income from  self-employment  minus
      investment  income  as  reported to the state department of taxation and
      finance.
        If earnings as so computed do not fairly represent normal earnings  of
      the  civil  defense  volunteer,  there  may  be  a  redetermination more
      accurately to reflect earnings and the chairman may  by  rule  prescribe
      reasonable procedures for such redetermination.
        If  the  compensation of a civil defense volunteer can not be computed
      either on the basis of actual wages or wages of a  similar  worker,  the
      compensation  of  such  civil  defense  volunteer  shall  be at the rate
      provided in section fifteen subdivision six  as  the  minimum  rate  for
      disability  or,  in  case  of death, on the basis of assumed wages which
      shall be deemed not to be less than  the  minimum  provided  in  section
      sixteen subdivision five.