NY-VOL — Volunteer Firefighters' Benefit Law

ARTICLE 1 Short Title; Purpose; Definitions; Miscellaneous

§ 1 — Short title

Short title. a. This chapter shall be known and may be cited as

"volunteer firefighters' benefit law".

b. Reference in this chapter or in any other law to the volunteer

firemen's benefit law shall be deemed to mean and refer to the volunteer

firefighters' benefit law. The terms "volunteer fireman" or "volunteer

firemen" appearing in this chapter shall be deemed to mean "volunteer

firefighter" or "volunteer firefighters," respectively. The terms "he,"

"his," or "him," appearing in this chapter shall be deemed to mean "he

or she," "his or her," and "him or her."

§ 2 — Purpose

Purpose. One of the finest traditions of American community life

is the service which people render to others without remuneration.

Volunteer firefighters have long been in the forefront of this group. In

recognition of the unselfish service by these volunteers, government has

undertaken to provide for them and their families some measure of

protection against loss from death or injuries in line of duty. Over the

years there has developed a dual system of benefits when volunteer

firefighters are killed or injured. The dual system has caused

uncertainty and confusion. This law establishes a new single system of

benefits for volunteer firefighters and provides for the administration

of such system by the workers' compensation board and the chairman of

such board.

It is hereby declared that this chapter is intended to effectuate the

objects and purposes of section eighteen of article one of the state

constitution and that the relationship between the political subdivision

liable for benefits under this chapter and a volunteer firefighter

entitled to such benefits is that of employer and employee within the

meaning of such provision of the state constitution.

§ 3 — Definitions

Definitions. As used in this chapter:

1. "Volunteer firefighter" means an active volunteer member of a fire

company.

2. "Fire company" means:

a. A fire company of a county, city, town, village or fire district

fire department, whether or not any such company has been incorporated

under any general or special law,

b. A fire corporation incorporated under or subject to the provisions

of article ten of the membership corporations law, which is not included

within paragraph a above, if such corporation is by law under the

general control of, or recognized as a fire corporation by, the

governing board of a city, town, village or fire district, or

c. A fire corporation incorporated under, or established pursuant to

the provision of, any general or special law, which is not included

within paragraphs a and b above, if such corporation is by law under the

general control of, or recognized as a fire corporation by, the

governing board of a city, town, village or fire district or Indian

reservation.

Any district corporation which has the general powers of and operates as

a fire district shall be considered as a fire district for the purposes

of this chapter. A "fire department" may be composed of one or more fire

companies.

3. "Line of duty" means the performance by a volunteer firefighter as

a volunteer firefighter of the duties and activities described in

subdivision one of section five of this chapter and the same such duties

and activities performed for a specialized team established pursuant to

the provisions of section two hundred nine-bb of the general municipal

law for which the volunteer firefighter does not receive any

remuneration or a gratuity and shall be deemed to include any date of

injury as determined by the workers' compensation board pursuant to the

provisions of section forty-one of this chapter. The following shall not

be deemed to be remuneration or a gratuity: receipt of a training

stipend as outlined in section two hundred-aa of the general municipal

law; reimbursement of expenses for meals, lodging and actual and

necessary travel; the receipt of a mileage allowance in lieu of travel

expense; reimbursement of expenses for registration and tuition fees

payable under section seventy-two-g of the general municipal law, and

the acceptance of transportation, food, drink, shelter, clothing and

similar items while on duty or engaged in such activities.

4. "Injury" includes any disablement of a volunteer firefighter that

results from services performed in line of duty and such disease or

infection as may naturally and unavoidably result from an injury.

5. "Child" includes a posthumous child, a child legally adopted prior

to the injury of the volunteer firefighter; and a step-child or

acknowledged child born out of wedlock dependent upon the deceased

volunteer firefighter.

6. "Surviving spouse" means the legal spouse of a deceased volunteer

firefighter, but shall not include a spouse who has abandoned the

deceased. The term "abandoned", as used in this subdivision, means 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.

7. "Dependent" includes a surviving spouse entitled to receive

benefits under this chapter, whether or not actually dependent upon a

volunteer firefighter, unless a contrary meaning is clearly intended.

8. "Earning capacity", except as herein provided, means:

a. The ability of a volunteer firefighter to perform on a five-day or

six-day basis either the work usually and ordinarily performed by him or

her in his or her remunerated employment or other work which for any

such worker would be a reasonable substitute for the remunerated

employment in which he or she was employed at the time of his or her

injury, or

b. The ability of a volunteer firefighter to perform on a five-day or

six-day basis either the work usually and ordinarily performed by him or

her in the practice of his or her profession or in the conduct of his or

her trade or business, including farming, and from which he or she could

derive earned income or other work which for any such person would be a

reasonable substitute for the profession, trade or business in which he

or she was engaged at the time of his or her injury.

Every volunteer firefighter shall be considered to have earning

capacity and, if the provisions of paragraphs a and b above are not

applicable in any given case, the workers' compensation board, in the

interest of justice, shall determine the reasonable earning capacity of

the volunteer firefighter with due regard to the provisions of such

paragraphs and the work he or she reasonably could be expected to obtain

and for which he or she is qualified by age, education, training and

experience. The ability of a volunteer firefighter to perform the duties

of a volunteer firefighter, or to engage in activities incidental

thereto, may be considered in determining loss of earning capacity, but

the inability of a volunteer firefighter to perform such duties or to

engage in such activities shall not be a basis of determining loss of

earning capacity.

9. "State" includes all territory within the boundaries of the state

of New York, including territory which has been or may hereafter be

ceded to the federal government or to the United Nations and territory

within the boundaries of Indian reservations.

10. "Political subdivision" means a county, city, town, village or

fire district.

11. "State fund" means the state insurance fund provided for in

article six of the workmen's compensation law.

12. "County plan of self-insurance" means a county plan of

self-insurance under article five of the workmen's compensation law.

13. "Insurance carrier" means the state fund, the stock corporations,

mutual corporations or reciprocal insurers described in subdivision nine

of section thirty of this chapter, a county plan of self-insurance, or a

self-insuring political subdivision. For purposes of this chapter, a

nonprofit property/casualty insurance company which is licensed pursuant

to subsection (b) of section six thousand seven hundred four of the

insurance law shall be deemed a stock corporation and a nonprofit

property/casualty insurance company which is licensed as a reciprocal

insurer pursuant to subsection (c) of section six thousand seven hundred

four of the insurance law shall be deemed a reciprocal insurer.

14. "Emergency" includes the search for persons and the search for,

and attempts to recover or the recovery of, bodies of persons even

though it is possible or is known that all hope of life is gone.

15. "Fund raising activity" means a method of raising funds to

effectuate the lawful purposes of a fire company, but shall not include

any method prohibited by the state constitution or the penal statutes of

this state, public fireworks displays unless conducted in compliance

with section 405.00 of the penal law. Such term "fund raising activity"

shall not include drills, parades, inspections, reviews, competitive

tournaments, contests or public exhibitions, described in paragraphs e

and i of subdivision one of section five of this chapter, even though

prizes are awarded at such events. Such fund raising activity must

comply with all the requirements of section two hundred four-a of the

general municipal law.

16. "Minor" or "infant" means a person who has not attained the age of

eighteen years.

17. The "workers' compensation rating board" or the "New York workers'

compensation rating board" shall have the meaning set forth in section

two of the workers' compensation law.

§ 4 — Removal of civil liability barriers

Removal of civil liability barriers. 1. (a) Liability protection.

(1) A fire company or political subdivision, including a person acting

as an agent thereof, that acts reasonably in donating qualified fire

control or fire rescue equipment to a volunteer fire company shall not

be liable in civil damages under any state law for personal injuries,

property damage, or death proximately caused after the donation by a

defect in the equipment.

(2) Any state or local agency, including a person acting as an agent

of such an agency, that acts reasonably in administering the

distribution of qualified fire control or fire rescue equipment to a

volunteer fire company or political subdivision shall not be liable for

civil damages under any state law for personal injuries, property

damage, or death proximately caused after the distribution by a defect

in the equipment.

(b) Exceptions to liability protection. Paragraph (a) of this

subdivision shall not apply to a person or agency if:

(1) the defect that proximately causes the injury, damage, or loss

resulted from an act or omission of the person or agency, that

constitutes malice, gross negligence, recklessness, or intentional

misconduct;

(2) the person or agency is the manufacturer of the qualified fire

control or fire rescue equipment; or

(3) the person or agency modified or altered the equipment after it

had been recertified by an authorized technician as meeting the

manufacturer's specifications.

2. For the purposes of this section the following words and phrases

shall have the following meanings:

(a) "Person" means any individual and any governmental or other

entity.

(b) "Qualified fire control or rescue equipment" means fire control or

fire rescue equipment that has been recertified by an authorized

technician as meeting the manufacturer's specifications and has been

distributed through a state or local agency to the volunteer fire

company.

by the manufacturer of fire control or fire rescue equipment to inspect

such equipment. The technician need not be employed by the state or

local agency administering the distribution of the fire control or fire

rescue equipment.

ARTICLE 2 Coverage and Benefits

§ 5 — Coverage

Coverage. 1. The duties and activities in relation to which

benefits shall be paid and provided pursuant to this chapter are:

a. Necessary travel to, working at, and necessary travel returning

from a fire, alarm of fire, hazardous material incident or other

emergency to which his fire department, fire company, or any unit

thereof, either has responded or would be required or authorized to

respond, including necessary travel during such work or incidental

thereto.

b. While, within the state, personally assisting another fire

department, fire company, or any unit thereof pursuant to the provisions

of section two hundred nine-i of the general municipal law, including,

after his services have been duly accepted, necessary travel to and

returning from such work and necessary travel during such work or

incidental thereto.

c. While, within the state and pursuant to orders or authorization,

performing duties at the firehouse, or elsewhere, directly related to

(1) the prevention of fires or other disasters, (2) the investigation of

fires or other disasters, (3) the inspection of property for fire

hazards or other dangerous conditions, including necessary travel

directly connected therewith.

d. While, within this country or in Canada and pursuant to orders or

authorization, instructing or being instructed in fire duties, attending

a training school or course of instruction for firefighters, or

attending or participating in any noncompetitive training program,

including necessary travel directly connected therewith, as well as

necessary travel to and necessary travel returning from such activity.

e. While, within this country or in Canada and pursuant to orders or

authorization, attending or participating in any drill, parade, funeral,

inspection or review in which his fire department, fire company, or any

unit thereof, is engaged, including necessary travel directly connected

therewith, as well as necessary travel to and necessary travel from such

activity.

f. While, within the state and pursuant to orders or authorization,

attending or working at meetings of his fire department or fire company,

or any organized unit thereof, at the firehouse or other regular or

special headquarters of the department, company or unit, including

necessary travel directly connected therewith other than travel to or

returning from such meetings.

g. While, within the state and pursuant to orders or authorization,

working in connection with the construction, testing, inspection, repair

or maintenance of (1) the firehouse and the fixtures, furnishings and

equipment thereof, and (2) the fire fighting vehicles, fire apparatus

and equipment used by the fire department, fire company, or other unit

thereof, including necessary travel directly connected therewith other

than travel to or returning from such work.

h. While, within the state and pursuant to orders or authorization,

working in connection with the construction, testing, inspection, repair

or maintenance of the fire alarm system, water supply system, fire well,

fire cistern or fire suction pool, used by the fire department or fire

company, including necessary travel directly connected therewith, as

well as necessary travel to and necessary travel from such activity.

i. While, within this country or in Canada and pursuant to orders or

authorization, practicing for, or participating as a contestant or an

official in, any competitive tournament, contest or public exhibition

conducted for firefighters which is intended to promote the efficiency

of the fire department, fire company or any unit thereof, including

necessary travel directly connected therewith other than travel to and

returning from such practice. The actual rendition of fire or other

emergency service shall not be deemed "practicing" within the meaning of

this paragraph.

j. While, pursuant to orders or authorization, engaged in the

inspection of fire fighting vehicles and fire apparatus prior to

delivery under a contract of purchase, or performing duties in relation

to the delivery thereof, including necessary travel directly connected

therewith, as well as necessary travel to and necessary travel returning

from such activity.

k. Necessary travel to, work in connection with, and necessary travel

returning from a call for general ambulance service by a member of an

emergency rescue and first aid squad which has been authorized to

furnish such service pursuant to section two hundred nine-b of the

general municipal law, including necessary travel during such work or

incidental thereto.

l. While, within this country or Canada and pursuant to orders or

authorization, attending a convention or conference of firefighters or

fire officers or fire district officers as the authorized delegate or

representative of his or her fire department, fire company or any unit

thereof, including necessary travel directly connected therewith, as

well as necessary travel to and necessary travel returning from such

activity.

m. While, within the state and pursuant to orders or authorization,

working in connection with a fund raising activity of his or her fire

company, as defined in subdivision fifteen of section three of this

chapter including necessary travel directly connected therewith, as well

as necessary travel to and necessary travel returning from such

activity, but shall not include competitive events in which volunteer

firefighters are competitors, such as baseball, basketball, football,

bowling, tugs of war, water-ball fights, donkey baseball, boxing,

wrestling, contests between bands or drum corps, or other competitive

events in which volunteer firefighters are competitors and which involve

physical exertion on the part of the competitors.

n. While, within the state and pursuant to orders or authorization,

performing work or service leading or directing a youth program

established pursuant to section two hundred four-b of the general

municipal law, including necessary travel directly connected therewith,

as well as necessary travel to and necessary travel returning from such

activity. This paragraph shall not be interpreted as providing coverage

for participants in such youth programs.

o. While, within the state and pursuant to orders or authorization,

performing the duty of pumping out water or any other substance from the

basement or other part of a building, including necessary travel

directly connected therewith.

p. While, within the state and pursuant to orders or authorization,

instructing, supervising, being instructed or participating in a

supervised physical fitness class, group session or program for the

purpose of promoting or maintaining the performance of their duties as

firefighters, as well as necessary travel to and necessary travel from

such activity, but shall not include competitive sporting events in

which volunteer firefighters are competitors.

2. Benefits shall not be paid and provided pursuant to this chapter in

the following instances:

a. Work or service rendered by a volunteer firefighter while on a

leave of absence pursuant to either section two hundred-b or section two

hundred-c of the general municipal law, unless such work or service is

performed pursuant to subdivision one-a of section two hundred-b or

subdivision one-a of section two hundred-c of the general municipal law,

or pursuant to any other general, special or local law, charter or

ordinance or pursuant to the constitution, by-laws, rules or regulations

applicable to the fire company or fire department of which he or she is

a member.

b. Practice for and participation in any recreational, social, or fund

raising activity other than a fund raising activity for which coverage

is provided under paragraph m of subdivision one of this section.

c. Work or service rendered by a volunteer firefighter while suspended

from duty pursuant to section two hundred nine-l of the general

municipal law, article eight of the village law or pursuant to any other

general, special or local law, charter or ordinance or pursuant to the

constitution, by-laws, rules or regulations applicable to the fire

company or fire department of which he or she is a member.

d. Work or service not rendered as a volunteer firefighter, but

rendered as an officer, official or employee of a public corporation or

any special district thereof, whether with or without remuneration, even

though by law a requirement for such office, position or employment

shall be that such officer, official or employee shall have been or must

be a volunteer firefighter.

e. Work or service not rendered as a volunteer firefighter, but

rendered in the course of his or her employment for a private employer.

f. Work or service not rendered as a volunteer firefighter, but

rendered as a civil defense volunteer.

g. Work, service or activities in which the volunteer firefighter has

been ordered not to participate.

This subdivision shall not be deemed to enumerate all of the

activities engaged in by volunteer firefighters for which mandatory

coverage is not provided by this chapter, or to prohibit any of the

activities described in this subdivision, or to prevent the securing of

insurance pursuant to section four thousand two hundred thirty-seven of

the insurance law to cover volunteer firefighters when engaged in

activities other than those for which mandatory coverage is provided by

this chapter.

§ 6 — Volunteer firefighters' benefits; general

Volunteer firefighters' benefits; general. If a volunteer

firefighter dies from the effects of injury in line of duty, or if such

a firefighter shall be injured in line of duty, benefits shall be paid

and provided pursuant to this chapter, except that there shall be no

liability for such benefits when the injury has been solely occasioned

by intoxication of the volunteer firefighter while acting in line of

duty or by the wilful intention of the volunteer firefighter to bring

about the injury or death of himself or herself or another.

§ 7 — Lt

Lt. Michael E. Neuner/Timothy Goff memorial death benefit

program. In the event of death the benefit shall be known as a death

benefit and shall be paid as follows:

1. The reasonable funeral expenses of the deceased volunteer

firefighter shall be paid in an amount not exceeding six thousand seven

hundred dollars; provided however, that such six thousand dollar maximum

shall not apply where a volunteer firefighter dies from injuries

received in the line of duty as a direct result of firefighting. If such

funeral expenses shall have been paid by a person entitled to benefits

under this section or by others, the funeral expenses awarded shall be

made payable to such beneficiary or others; otherwise they shall be

payable to the undertaker who provided the burial. Funeral expenses

shall be awarded in all death cases.

2. If there be a surviving spouse, to such spouse the lump sum of

fifty-six thousand dollars, but if there be no surviving spouse, then to

the executor or administrator of the estate of the volunteer

firefighter, the lump sum of fifty-six thousand dollars. Such sum shall

be in addition to any other benefits provided in this chapter and shall

not be diminished by benefits paid to the volunteer firefighter during

his or her lifetime. Any money paid to an executor or administrator

pursuant to the provisions of this subdivision shall be distributed in

the manner provided by the laws of this state for the distribution of

the personal property of an intestate decedent. Provided, however, that

nothing herein shall be construed as affording a greater benefit for

those volunteer firefighters injured prior to the effective date of this

act, however the spouse or estate of such firefighter shall continue to

be eligible for a benefit in the sum of eleven thousand eighty-four

dollars.

3. If there be a surviving spouse and no surviving child of the

deceased under the age of eighteen years or under the age of twenty-five

years who is enrolled as a full time student in any accredited

educational institution and no surviving child of any age dependent

blind or physically disabled, to such spouse one hundred thirty dollars

for each week until remarried, and upon such remarriage the lump sum of

thirteen thousand one hundred forty-two dollars.

4. If there be a surviving spouse and a surviving child or children of

the deceased under the age of eighteen years or under the age of

twenty-five years who is enrolled as a full time student in any

accredited educational institution or a surviving child or children of

any age dependent blind or physically disabled, to such spouse

ninety-five dollars for each week until remarried, and upon such

remarriage the lump sum of nine thousand eight hundred fifty-six

dollars; and an additional amount of sixty-three dollars for each week

for each such child until the age of eighteen years or under the age of

twenty-five years who is enrolled as a full time student in any

accredited educational institution or until the removal of the

dependency of the blind or physically disabled child or children; in the

case of the subsequent death or remarriage of such surviving spouse any

surviving child of the deceased firefighter, at the time under eighteen

years of age or under the age of twenty-five years who is enrolled as a

full time student in any accredited educational institution or dependent

through mental or physical infirmity, shall have his or her benefit

increased to ninety-five dollars for each week, and the same shall be

payable until he or she shall reach the age of eighteen years or

twenty-five years, as the case may be, or until such dependent blind or

physically disabled condition shall have been removed; provided that the

total amount payable for each week under this subdivision shall in no

case exceed two hundred fifty-three dollars per week. Upon statutory

termination of payments to all such children, the payments to the

surviving spouse shall be increased to one hundred thirty dollars for

each week until such spouse remarries, and upon such remarriage, such

spouse shall be paid the lump sum of twelve thousand thirty-three

dollars.

5. If there be surviving child or children of the deceased under the

age of eighteen years or under the age of twenty-five years who is

enrolled as a full time student in any accredited educational

institution or a dependent blind or physically disabled child or

children of any age, but no surviving spouse, for the support of each

such child until the age of eighteen years or twenty-five years as the

case may be, or until the removal of the dependency of such blind or

physically disabled child or children, ninety-five dollars for each

week; provided that the total amount payable for each week under this

subdivision shall not exceed two hundred fifty-three dollars per week.

6. If there be no surviving spouse, or child of the deceased under the

age of eighteen years, or under the age of twenty-five years who is

enrolled as a full time student in any accredited educational

institution or dependent blind or physically disabled child of the

deceased of any age, or if the amount payable for each week to the

surviving spouse and to children under the age of eighteen years or

under the age of twenty-five years who is enrolled as a full time

student in any accredited educational institution or such dependent

blind or physically disabled children shall be less in the aggregate

than two hundred fifty-three dollars per week, for the support of

grandchildren or brothers and sisters under the age of eighteen years,

or under the age of twenty-five years who is enrolled as a full time

student in any accredited educational institution if dependent upon the

deceased at the time of the injury, seventy-nine dollars for each week

for the support of each such person until the age of eighteen years or

twenty-five years as the case may be, and for the support of each parent

or grandparent, of the deceased if dependent upon him at the time of the

injury one hundred thirty dollars for each week during such dependency,

but in no case shall the aggregate amount payable under this subdivision

exceed the difference between two hundred fifty-three dollars and the

amount payable for each week as hereinbefore provided to the surviving

spouse or for the support of a surviving child or children.

7. If any person under the age of eighteen years is an inmate of any

institution and a public charge upon the state or any political

subdivision, the benefits allowed hereunder shall be payable to the

state or political subdivision to the extent of the reasonable charges

for care and maintenance, during the continuance as a public charge in

such institution of such beneficiary and until he shall have attained

the age of eighteen years. Any sum or sums remaining after such payments

shall be distributed as provided in this section.

8. The term "dependent blind or physically disabled", as used in this

section in relation to dependent children, means totally blind or

physically disabled dependent children whose disablement is total and

permanent.

9. All questions of dependency shall be determined as of the time of

the injury.

10. The workers' compensation board may in its discretion require the

appointment of a guardian for the purpose of receiving benefits payable

to a minor child or a dependent blind or physically disabled child. In

the absence of such a requirement by such board the appointment of a

guardian for such purposes shall not be necessary.

11. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-eight and prior to July first,

nineteen hundred seventy-eight, that results from services performed in

the line of duty, if there be a surviving spouse and no surviving child

of the deceased under the age of eighteen years or under the age of

twenty-five years who is enrolled as a full time student in any

accredited educational institution and no surviving child of any age

dependent blind or physically disabled, to such spouse two hundred

eighty-two dollars for each week until remarried, and upon such

remarriage the lump sum of twenty-nine thousand three hundred fifty-four

dollars.

12. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-eight and prior to July first,

nineteen hundred seventy-eight, that results from services performed in

the line of duty, if there be a surviving spouse and a surviving child

or children of the deceased under the age of eighteen years or under the

age of twenty-five years who is enrolled as a full time student in any

accredited educational institution or a surviving child or children of

any age dependent blind or physically disabled, to such spouse one

hundred fifty-six dollars for each week until remarried, and the

additional amount of one hundred thirty dollars for each week for such

child or children, share and share alike, until the age of eighteen

years or under the age of twenty-five years who is enrolled as a full

time student in any accredited educational institution or until the

removal of the dependency of the blind or physically disabled child or

children. In the case of the death of such surviving spouse, the

surviving child or children of the deceased firefighter, at the time

under eighteen years of age or under the age of twenty-five years who is

enrolled as a full time student in any accredited educational

institution or dependent through mental or physical infirmity, shall

have his or their benefit increased to two hundred eighty-two dollars

for each week, share and share alike, and the same shall be payable

until he or they shall reach the age of eighteen years or twenty-five

years, as the case may be, or until such dependent blind or physically

disabled condition shall have been removed. Upon the remarriage of such

surviving spouse prior to the statutory termination of benefits to all

such children, such spouse shall be paid the lump sum of sixteen

thousand one hundred forty-five dollars; and the surviving child shall

continue to receive weekly payments of one hundred thirty dollars; if

there be two surviving children, each shall receive one hundred six

dollars per week; and if there be more than two surviving children, they

shall receive two hundred eighty-two dollars per week, share and share

alike; and the same shall be payable until he or they shall reach the

age of eighteen years or twenty-five years, as the case may be, or until

such dependent blind or crippled condition shall have been removed. Upon

statutory termination of payments to all children, the payments to the

surviving spouse shall be increased to two hundred eighty-two dollars

for each week until such spouse remarries, and upon such remarriage,

such spouse shall be paid the lump sum of twenty-nine thousand three

hundred fifty-four dollars. In no event shall the total amount payable

for each week under this subdivision exceed two hundred eighty-two

dollars.

13. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-eight and prior to July first,

nineteen hundred seventy-eight, that results from services performed in

the line of duty, if there be surviving a child or children of the

deceased under the age of eighteen years or under the age of twenty-five

years who is enrolled as a full time student in any accredited

educational institution or a dependent blind or physically disabled

child or children of any age, but no surviving spouse, for the support

of such child or children until the age of eighteen years or twenty-five

years, as the case may be, or until the removal of the dependency of

such blind or physically disabled child or children, two hundred

eighty-two dollars, share and share alike, for each week; provided that

the total amount payable for each week under this subdivision shall not

exceed two hundred eighty-two dollars per week.

14. In the case of a death of a volunteer firefighter, on or after

January first, nineteen hundred seventy-eight and prior to July first,

nineteen hundred seventy-eight, that results from services performed in

the line of duty, if there be no surviving spouse or child of the

deceased under the age of eighteen years or under the age of twenty-five

years who is enrolled as a full time student in any accredited

educational institution or dependent blind or physically disabled child

of the deceased of any age, then for the support of grandchildren or

brothers and sisters under the age of eighteen years or under the age of

twenty-five years who is enrolled as a full time student in any

accredited educational institution, if dependent upon the deceased at

the time of the injury, one hundred six dollars for each week for the

support of each such person until the age of eighteen years or

twenty-five years, as the case may be, and for the support of each

parent or grandparent of the deceased, if dependent upon the deceased at

the time of the injury, one hundred sixty-nine dollars for each week

during such dependency, but in no case shall the aggregate amount

payable under this subdivision exceed two hundred eighty-two dollars per

week.

15. In the case of a death of a volunteer firefighter, on or after

July first, nineteen hundred seventy-eight and prior to January first,

nineteen hundred seventy-nine, that results from services performed in

the line of duty, if there be a surviving spouse and no surviving child

of the deceased under the age of eighteen years or under the age of

twenty-five years who is enrolled as a full time student in any

accredited educational institution and no surviving child of any age

dependent blind or physically disabled, to such spouse four hundred six

dollars for each week until remarried, and upon such remarriage the lump

sum of forty-two thousand two hundred seventy dollars.

16. In the case of a death of a volunteer firefighter, on or after

July first, nineteen hundred seventy-eight and prior to January first,

nineteen hundred seventy-nine, that results from services performed in

the line of duty, if there be a surviving spouse and a surviving child

or children of the deceased under the age of eighteen years or under the

age of twenty-five years who is enrolled as a full time student in any

accredited educational institution or a surviving child or children of

any age dependent blind or physically disabled, to such spouse two

hundred twenty-four dollars for each week until remarried, and the

additional amount of one hundred eighty-three dollars for each week for

such child or children, share and share alike, until the age of eighteen