Bill Text: NY A01237 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides that the weekly benefit which the disabled employee is entitled to receive for disability commencing: on or after January first, two thousand twenty-five shall be fifty percent of the employee's average weekly wage but shall not exceed fifty percent of the state average weekly wage; on or after January first, two thousand twenty-six shall be fifty-five percent of the employee's average weekly wage but shall not exceed fifty-five percent of the state average weekly wage; on or after January first, two thousand twenty-seven shall be sixty percent of the employee's weekly average wage but shall not exceed sixty percent of the state average weekly wage; and on or after January first of each succeeding year, shall be sixty-seven percent of the employee's average weekly wage but shall not exceed sixty-seven percent of the state average weekly wage.
Spectrum: Strong Partisan Bill (Democrat 24-2)
Status: (Introduced) 2024-01-10 - enacting clause stricken [A01237 Detail]
Download: New_York-2023-A01237-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1237 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to the weekly benefit of a disabled employee The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 2 of section 204 of the work- 2 ers' compensation law, as amended by section 5 of part SS of chapter 54 3 of the laws of 2016, is amended to read as follows: 4 (b) The weekly benefit which the disabled employee is entitled to 5 receive for disability commencing: (i) on or after January first, two 6 thousand twenty-five shall be fifty percent of the employee's average 7 weekly wage but shall not exceed fifty percent of the state average 8 weekly wage; (ii) on or after January first, two thousand twenty-six 9 shall be fifty-five percent of the employee's average weekly wage but 10 shall not exceed fifty-five percent of the state average weekly wage; 11 (iii) on or after January first, two thousand twenty-seven shall be 12 sixty percent of the employee's weekly average wage but shall not exceed 13 sixty percent of the state average weekly wage; and (iv) on or after 14 January first of each succeeding year, shall be sixty-seven percent of 15 the employee's average weekly wage but shall not exceed sixty-seven 16 percent of the state average weekly wage. The weekly benefit which the 17 disabled employee is entitled to receive for disability commencing on or 18 after May first, nineteen hundred eighty-nine and prior to January 19 first, two thousand twenty-five shall be one-half of the employee's 20 weekly wage, but in no case shall such benefit exceed one hundred seven- 21 ty dollars; except that if the employee's average weekly wage is less 22 than twenty dollars, the benefit shall be such average weekly wage. The 23 weekly benefit which the disabled employee is entitled to receive for 24 disability commencing on or after July first, nineteen hundred eighty- 25 four shall be one-half of the employee's weekly wage, but in no case EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02619-01-3A. 1237 2 1 shall such benefit exceed one hundred forty-five dollars; except that if 2 the employee's average weekly wage is less than twenty dollars, the 3 benefit shall be such average weekly wage. The weekly benefit which the 4 disabled employee is entitled to receive for disability commencing on or 5 after July first, nineteen hundred eighty-three and prior to July first, 6 nineteen hundred eighty-four shall be one-half of the employee's average 7 weekly wage, but in no case shall such benefit exceed one hundred thir- 8 ty-five dollars nor be less than twenty dollars; except that if the 9 employee's average weekly wage is less than twenty dollars the benefit 10 shall be such average weekly wage. The weekly benefit which the disabled 11 employee is entitled to receive for disability commencing on or after 12 July first, nineteen hundred seventy-four, and prior to July first, 13 nineteen hundred eighty-three, shall be one-half of the employee's aver- 14 age weekly wage, but in no case shall such benefit exceed ninety-five 15 dollars nor be less than twenty dollars; except that if the employee's 16 average weekly wage is less than twenty dollars, the benefit shall be 17 such average weekly wage. The weekly benefit which the disabled employee 18 is entitled to receive for disability commencing on or after July first, 19 nineteen hundred seventy and prior to July first, nineteen hundred 20 seventy-four shall be one-half of the employee's average weekly wage, 21 but in no case shall such benefit exceed seventy-five dollars nor be 22 less than twenty dollars; except that if the employee's average weekly 23 wage is less than twenty dollars the benefit shall be such average week- 24 ly wage. For any period of disability less than a full week, the bene- 25 fits payable shall be calculated by dividing the weekly benefit by the 26 number of the employee's normal work days per week and multiplying the 27 quotient by the number of normal work days in such period of disability. 28 The weekly benefit for a disabled employee who is concurrently eligible 29 for benefits in the employment of more than one covered employer shall, 30 within the maximum and minimum herein provided, be one-half of the total 31 of the employee's average weekly wages received from all such covered 32 employers, and shall be allocated in the proportion of their respective 33 average weekly wage payments. 34 § 2. This act shall take effect immediately.
