§ 16. Death benefits. If the injury causes death, the compensation\nshall be known as a death benefit and shall be payable in the amount and\nto or for the benefit of the persons following:\n 1. Funeral expenses. The chair shall prepare and establish a schedule\nfor the state or schedules limited to defined localities of maximum\ncharges and fees for such funeral expenses, to be determined in\naccordance with, and to be subject to change pursuant to, rules\npromulgated by the chair. Before preparing such schedule for the state\nor schedules for limited localities, the chair shall request the\npresident of the New York state funeral directors' association to submit\nto the chair a report on the amount of remuneration deemed by such\nassociation to be fair and adequate for the types of funeral services\nrendered under this chapter, but consideration shall also be given to\nthe views of other interested parties. The amounts payable by the\nemployer for such services shall be the actual fees and charges up to\nthe maximum established by such schedule. Provided, however, no such\nschedule of charges and fees shall apply where a firefighter dies from\ninjuries received in the line of duty as a direct result of firefighting\nor where a police officer dies from injuries received in the line of\nduty as a direct result of law enforcement activities, where such\nfuneral expenses are reasonable. If such funeral expenses shall have\nbeen paid by the claimants entitled to compensation under this section\nor by others, the funeral expenses awarded shall be made payable to such\nclaimants or others, otherwise they shall be made payable to the\nundertaker who shall have provided burial. Funeral expenses shall be\nawarded in case of all injuries causing death including cases in which\nthere are no persons entitled to other compensation under this chapter.\n 1-a. For the purpose of this section, (1) the term dependent blind or\nphysically disabled as used herein in relation to dependent children\nshall be deemed to mean totally blind or physically disabled children\nwhose disablement is total and permanent, (2) the term surviving spouse\nshall be deemed to mean the legal spouse but shall not include a spouse\nwho has abandoned the deceased, and (3) the term abandoned shall be\ndeemed to mean such an abandonment as would be sufficient under section\ntwo hundred of the domestic relations law to sustain a judgment of\nseparation on that ground.\n 1-b. If there be a surviving spouse and no child of the deceased under\nthe age of eighteen years and no child of any age dependent blind or\nphysically disabled, and the death occurs on or after July first,\nnineteen hundred forty-eight, and prior to January first, nineteen\nhundred seventy-eight, to such spouse forty per centum of the average\nwages of the deceased during widowhood or widowerhood with two years'\ncompensation in one sum, upon remarriage; and where the death occurred\nprior to July first, nineteen hundred forty-eight, to such wife (or\ndependent husband) thirty per centum of such wages during widowhood (or\ndependent widowerhood) with two years' compensation in one sum, upon\nremarriage.\n 1-c. If there be a surviving spouse and no child of the deceased under\nthe age of eighteen years or under the age of twenty-three years if\nenrolled and attending as a full time student in an accredited\neducational institution and such enrollment and full time attendance is\ncertified by such institution and no child of any age dependent blind or\nphysically disabled, and the death occurs on or after January first,\nnineteen hundred seventy-eight, to such spouse sixty-six and two-thirds\nper centum of the average wages of the deceased during widowhood or\nwidowerhood with two years' compensation, in one sum, upon remarriage.\nWhere the death occurs on or after January first, nineteen hundred\nseventy-eight, and the spouse is receiving the survivors insurance\nbenefits under the social security ac
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