Bill Text: NY A01386 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 1386 (Prior Session Legislation)

Introduced

Bill Title: Provides for cost-of-living adjustments of disability benefits for an employee with a permanent total disability to be based on an increase of the consumer price index as promulgated by the U.S. department of labor.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2016-01-06 - referred to labor [A01386 Detail]

Download: New_York-2015-A01386-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1386
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
         CLARK, COLTON, ENGLEBRIGHT, GUNTHER, HOOPER, MAGEE,  ORTIZ,  PERRY  --
         read once and referred to the Committee on Labor
       AN  ACT to amend the workers' compensation law, in relation to providing
         for cost-of-living adjustments of disability benefits in certain cases
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 15 of the workers' compensation law is amended by
    2  adding a new subdivision 10 to read as follows:
    3    10. COST-OF-LIVING  ADJUSTMENTS  OF  DISABILITY  BENEFITS  IN  CERTAIN
    4  CASES.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, IN ADDITION TO
    5  ANY OTHER AMOUNT RECEIVED PURSUANT TO THIS ARTICLE AS  DISABILITY  BENE-
    6  FITS,  AN EMPLOYEE WITH A PERMANENT TOTAL DISABILITY OR THE BENEFICIARY-
    7  DEPENDENT OF SUCH EMPLOYEE SHALL BE ENTITLED TO AN ADDITIONAL ALLOWANCE,
    8  TO BE KNOWN AS A COST-OF-LIVING ADJUSTMENT ALLOWANCE, PAYABLE ANNUALLY.
    9    (B) THE COST-OF-LIVING  ADJUSTMENT  ALLOWANCE  SHALL  BE  COMPUTED  BY
   10  APPLYING  AN  ADJUSTMENT FOR REGIONAL COSTS OF LIVING AND SHALL BE BASED
   11  ON FIFTY PERCENT OF THE ANNUAL INCREASE IN THE CONSUMER PRICE  INDEX  AS
   12  PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
   13    S  2. The workers' compensation law is amended by adding a new section
   14  208-a to read as follows:
   15    S 208-A. COST-OF-LIVING ADJUSTMENTS OF DISABILITY BENEFITS IN  CERTAIN
   16  CASES. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ADDITION TO ANY
   17  OTHER  AMOUNT  RECEIVED PURSUANT TO THIS ARTICLE AS DISABILITY BENEFITS,
   18  AN EMPLOYEE WITH A PERMANENT TOTAL DISABILITY OR THE  BENEFICIARY-DEPEN-
   19  DENT  OF  SUCH EMPLOYEE SHALL BE ENTITLED TO AN ADDITIONAL ALLOWANCE, TO
   20  BE KNOWN AS A COST-OF-LIVING ADJUSTMENT ALLOWANCE, PAYABLE ANNUALLY.
   21    2. THE COST-OF-LIVING ADJUSTMENT ALLOWANCE SHALL BE COMPUTED BY APPLY-
   22  ING AN ADJUSTMENT FOR REGIONAL COSTS OF LIVING AND  SHALL  BE  BASED  ON
   23  FIFTY  PERCENT  OF  THE  ANNUAL  INCREASE IN THE CONSUMER PRICE INDEX AS
   24  PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
   25    S 3. This act shall take effect on the first of July  next  succeeding
   26  the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06281-01-5