New York Laws
Article 10 - Firefighters and Police Officers
205-CC - Volunteer Firefighter Enhanced Cancer Disability Benefits.

(i) A disease caused by an uncontrolled division of abnormal cells in
a part of the body or a malignant growth or tumor resulting from the
division of abnormal cells; and
(ii) Affecting the prostate or breast, lymphatic, hematological
digestive, urinary, neurological, or reproductive systems, or melanoma.
2. An eligible volunteer firefighter shall be entitled to payment of
enhanced cancer benefits as follows:
a. A lump sum benefit of twenty-five thousand dollars for each
diagnosis payable to such firefighter upon acceptable proof to the
insurance carrier or other payor of a diagnosis by a board certified
physician in the medical specialty appropriate for the type of cancer
diagnosed that there are one or more malignant tumors characterized by
the uncontrollable and abnormal growth and spread of malignant cells
with invasion of normal tissue and that either:
(i) There is metastasis; and
(1) surgery, radiotherapy, or chemotherapy is medically necessary; or
(2) there is a tumor of the prostate, provided that it is treated with
radical prostatectomy or external beam therapy; or
(ii) The firefighter has terminal cancer, his or her life expectancy
is twenty-four months or less from the date of diagnosis, and will not
benefit from, or has exhausted, curative therapy.
b. A lump sum benefit of six thousand two hundred fifty dollars for
each diagnosis payable to such firefighter upon acceptable proof to the
insurance carrier or other payor of a diagnosis by a board certified
physician in the medical specialty appropriate for the type of cancer
involved that either:
(i) There is carcinoma in situ such that surgery, radiotherapy, or
chemotherapy has been determined to be medically necessary;
(ii) There are malignant tumors which are treated by endoscopic
procedures alone; or
(iii) There are malignant melanomas.
c. A monthly benefit of one thousand five hundred dollars, of which
the first payment shall be made six months after total disability and
submission of acceptable proof of said disability to the insurance
carrier or other payor that such disability is caused by cancer and that
such cancer precludes the firefighter from serving as a firefighter.
Such benefit shall continue for up to thirty-six consecutive monthly
payments.
(i) Such monthly benefit shall be subordinate to any other benefit
actually paid to the firefighter solely for such disability from any
other source, not including private insurance purchased solely by the
firefighter, and shall be limited to the difference between the amount
of such other paid benefit and the amount specified herein; and
(ii) Any firefighter receiving such monthly benefits may be required
to have his or her condition reevaluated. In the event any such
reevaluation reveals that such person has regained the ability to
perform duties as a firefighter, then his or her monthly benefits shall
cease the last day of the month of reevaluation.
(iii) In the event that there is a subsequent reoccurrence of a
disability caused by cancer which precludes the firefighter from serving
as a firefighter, he or she shall be entitled to receive any remaining
monthly payments.
d. An eligible volunteer firefighter shall also be entitled to an
additional payment of enhanced cancer death benefits in the amount of
fifty thousand dollars which is payable to such volunteer or his or her
beneficiary upon acceptable proof by a board certified physician that
such firefighter's death resulted from complications associated with
cancer.
e. Provided however, an eligible volunteer firefighter shall be
ineligible for these benefits if they are already provided paid
firefighter benefits under this article.
3. The combined total of all benefits received by any eligible
volunteer firefighter pursuant to paragraphs a and b of subdivision two
of this section during his or her lifetime shall not exceed fifty
thousand dollars.
4. An eligible volunteer firefighter shall remain eligible for
benefits pursuant to paragraphs a, b and d of subdivision two of this
section for sixty months after the formal cessation of the volunteer
firefighter's status as an active volunteer firefighter. The fire
district, department or company in which such firefighter served shall
be responsible for payment of all premiums or other costs associated
with benefits provided under paragraphs a, b and d of subdivision two of
this section throughout the duration of the eligible volunteer
firefighter's coverage.
5. A fire district, department or company shall, no later than January
first, two thousand nineteen, show proof of insurance coverage that

meets the requirements of this section or shall show satisfactory proof
of the ability to pay such compensation to ensure adequate coverage for
all eligible volunteer firefighters. Such coverage shall remain in
effect until sixty months after the fire district, department or company
no longer has any volunteer firefighters who could qualify for this
benefit.
6. Any fire district, department or company that has had a volunteer
firefighter file a claim for or receive an enhanced cancer disability
benefit under the provisions of this section shall report such claims
filed, claims paid and types of claims to the office of fire prevention
and control. Beginning on January first, two thousand twenty, the office
of fire and prevention control shall report annually to the governor,
the temporary president of the senate, the speaker of the assembly, the
chair of the senate finance committee and the chair of the assembly ways
and means committee the number of firefighters who have filed claims
pursuant to this section and the number of firefighters who have
received benefits under the provisions of this section.
* 7. The office of fire prevention and control, in consultation with
the department of financial services and the workers' compensation
board, shall adopt such rules and regulations as are reasonable and
necessary to implement the provisions of this section. Such regulations
shall include establishing acceptable documentation for proof of
eligibility, the process by which a firefighter files a claim for the
enhanced cancer disability benefit, how the beneficiary of such eligible
volunteer firefighter files a claim for the enhanced cancer death
benefit, the process by which claimants can appeal a denial of benefits
and what proof is deemed acceptable to qualify for such benefits.
* NB Effective until December 23, 2029
* 7. The office of fire prevention and control, in consultation with
the department of financial services and the workers' compensation
board, shall adopt such rules and regulations as are reasonable and
necessary to implement the provisions of this section. Such regulations
shall include the process by which a firefighter files a claim for the
enhanced cancer disability benefit, how the beneficiary of such eligible
volunteer firefighter files a claim for the enhanced cancer death
benefit, the process by which claimants can appeal a denial of benefits
and what proof is deemed acceptable to qualify for such benefits.
* NB Effective December 23, 2029

Structure New York Laws