Rpld §50 sub 2, rpld §54 sub 7, amd §§54, 94, 151 & 157, Work Comp L
Relates to securing compensation to employees by insuring and keeping insured the payment of compensation with any stock corporation, mutual corporation or reciprocal insurer.
STATE OF NEW YORK
________________________________________________________________________
1023
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to securing
compensation to employees; and repealing certain provisions of such
law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 50 of the workers' compensation
2 law is REPEALED.
3 § 2. Subdivision 7 of section 54 of the workers' compensation law is
4 REPEALED.
5 § 3. Subdivision 6-a of section 54 of the workers' compensation law,
6 as amended by chapter 24 of the laws of 1988, is amended to read as
7 follows:
8 6-a. Insurance contracts with fire or ambulance districts. Notwith-
9 standing any other provision of this section or of this chapter, any
10 insurance contract to secure workers' compensation for a fire or ambu-
11 lance district pursuant to subdivision one [or subdivision two] of
12 section fifty of this chapter issued to take effect on or after July
13 first, nineteen hundred sixty, in relation to a fire district and Janu-
14 ary first, in the year next succeeding the year in which this subdivi-
15 sion as hereby amended becomes effective, in relation to an ambulance
16 district or any such contract renewed to continue in effect on or after
17 such dates, shall provide workers' compensation coverage for all fire or
18 ambulance district officers, whether elective or appointive, and all
19 fire or ambulance district employees, whether or not they are compen-
20 sated for their services, unless the board of fire or ambulance commis-
21 sioners of the fire district or ambulance district by resolution elects
22 not to provide such coverage for any one or more of such officers or
23 employees, or class thereof. Such election not to provide such coverage
24 shall be effective with respect to all such insurance contracts there-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06787-01-9
S. 1023 2
1 after issued to such fire or ambulance district by any insurance carrier
2 until revoked in whole or in part by resolution of the board of fire or
3 ambulance commissioners of the fire or ambulance district. Such election
4 not to provide such coverage shall not become effective until thirty
5 days after a copy of such resolution has been filed with the chairman of
6 the workers' compensation board and with the insurance carrier and a
7 copy thereof is furnished to each officer and employee as to whom such
8 revocation is applicable. The chairman of the workers' compensation
9 board shall prescribe the form of such resolution. The provisions of
10 this subdivision shall not be applicable in cases where the injury
11 arises out of and in the course of duty as a volunteer firefighter or a
12 volunteer ambulance worker or as a civil defense volunteer and where the
13 computation of benefits would be made under the provisions of the volun-
14 teer firefighters' benefit law or the volunteer ambulance workers' bene-
15 fit law or under article ten of this chapter.
16 § 4. Subdivision a of section 94 of the workers' compensation law, as
17 amended by chapter 635 of the laws of 1996, is amended to read as
18 follows:
19 a. Any employer may, upon complying with subdivision [two or] three
20 of section fifty of this chapter, withdraw from the fund by turning in
21 his insurance contract for cancellation, provided he or she has given
22 written notice to the fund of his or her intention to withdraw not less
23 than thirty days before the effective date of such cancellation. Upon
24 receipt of such notice the fund shall, at least ten days prior to the
25 effective date file in the office of the chairman a notice of such
26 cancellation date.
27 In no event shall the insurance contract be deemed cancelled until at
28 least ten days after the date of such filing, any earlier date mentioned
29 in the notice to the contrary notwithstanding.
30 [If an employer withdraws from the fund upon complying with subdivi-
31 sion two of section fifty of this chapter, the new insurance contract
32 with the stock corporation, mutual corporation or reciprocal insurer
33 shall be deemed not to take effect until the cancellation of such
34 employer's contract with the state insurance fund has become effective.]
35 § 5. Subdivision 4 of section 151 of the workers' compensation law, as
36 added by section 22 of part GG of chapter 57 of the laws of 2013, is
37 amended to read as follows:
38 4. For those affected employers obtaining coverage:
39 (a) by insuring with the state fund pursuant to subdivision one of
40 section fifty of this chapter; or (b) [through a policy pursuant to
41 subdivision two of section fifty of this chapter; or (c)] through a
42 county self-insurance plan under article five of this chapter; or [(d)]
43 (c) through a group private or public self-insurer pursuant to subdivi-
44 sion three-a of section fifty of this chapter, such assessment amounts
45 shall be collected and remitted to the chair by the carrier or the state
46 insurance fund, or county plan, or group private or public self-insurer,
47 on behalf of the employer(s) until such time as the board establishes a
48 direct employer payment process. Affected private or public employers
49 providing compensation through self insurance pursuant to subdivision
50 three of section fifty of this chapter shall pay assessment amounts
51 directly to the chair.
52 § 6. Subdivision 5 of section 157 of the workers' compensation law, as
53 added by chapter 24 of the laws of 1988, is amended to read as follows:
54 5. "[Subdivisions] Subdivision one [and two] of section fifty", as
55 used in section one hundred fifty-one of this chapter, includes subdivi-
56 sion nine of section thirty of the volunteer firefighters' benefit law
S. 1023 3
1 and subdivision nine of section thirty of the volunteer ambulance work-
2 ers' benefit law.
3 § 7. This act shall take effect on the three hundred sixty-sixth day
4 after it shall have become a law.
