STATE OF NEW YORK
________________________________________________________________________
7742--A
2015-2016 Regular Sessions
IN ASSEMBLY
May 26, 2015
___________
Introduced by M. of A. ZEBROWSKI, HAWLEY, SCHIMMINGER, DiPIETRO, SKOUFIS
-- Multi-Sponsored by -- M. of A. KEARNS -- read once and referred to
the Committee on Labor -- recommitted to the Committee on Labor in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the workers' compensation law, in relation to the
requirement for policyholders to provide 30-days notice to withdraw
from the state insurance fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision a of section 94 of the workers' compensation
2 law, as amended by chapter 635 of the laws of 1996, is amended to read
3 as follows:
4 a. Any employer may, upon complying with subdivision two or three of
5 section fifty of this chapter, withdraw from the fund by turning in his
6 insurance contract for cancellation, provided he has given written
7 notice to the fund of his intention to withdraw not less than thirty
8 days before the effective date of such cancellation. Upon receipt of
9 such notice the fund shall, at least ten days prior to the effective
10 date file in the office of the chairman a notice of such cancellation
11 date. In the event that an employer intends to withdraw from the fund
12 and has secured insurance with another insurance carrier, the employer
13 shall provide written notice to the fund which shall include their
14 intention to withdraw, demonstration that the employer has secured a new
15 insurance policy and the effective date of cancellation which shall be
16 the date of when such other coverage becomes effective.
17 [In no event shall the insurance contract be deemed cancelled until at
18 least ten days after the date of such filing, any earlier date mentioned
19 in the notice to the contrary notwithstanding.]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10972-02-6
A. 7742--A 2
1 If an employer withdraws from the fund upon complying with subdivision
2 two of section fifty of this chapter, the new insurance contract with
3 the stock corporation, mutual corporation or reciprocal insurer shall be
4 deemed not to take effect until the cancellation of such employer's
5 contract with the state insurance fund has become effective.
6 § 2. This act shall take effect on the ninetieth day after it shall
7 have become a law.