Section 16. Death benefits  


Latest version.
  • 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
        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 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
        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  the
    
      same  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 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 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 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.
    
        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 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 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 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.