Relates to the collection of premium in case of default where an employer, whose policy of insurance has been cancelled by the state insurance fund for non-payment of premium and assessments evidenced by a judgment holding the employer liable for such payments.
STATE OF NEW YORK
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S. 3529 A. 3032
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 24, 2017
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Labor
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to the
collection of premium in case of default
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 93 of the workers' compensation law, as amended by
2 section 24 of part GG of chapter 57 of the laws of 2013, is amended to
3 read as follows:
4 § 93. Collection of premium in case of default. a. If a policyholder
5 shall default in any payment required to be made by him or her to the
6 state insurance fund after due notice, his or her insurance in the state
7 fund may be cancelled and the amount due from him or her shall be
8 collected by civil action brought against him or her in any county wher-
9 ein the state insurance fund maintains an office in the name of the
10 commissioners of the state insurance fund and the same when collected,
11 shall be paid into the state insurance fund, and such policyholder's
12 compliance with the provisions of this chapter requiring payments to be
13 made to the state insurance fund shall date from the time of the payment
14 of said money to the state insurance fund.
15 b. An employer, whose policy of insurance has been cancelled by the
16 state insurance fund for non-payment of premium and assessments
17 evidenced by a judgment holding the employer liable for such payments
18 pursuant to the civil action defined in subdivision a of this section or
19 withdraws pursuant to section ninety-four of this article, is ineligible
20 to contract for a subsequent policy of insurance with the state insur-
21 ance fund while the billed premium on the cancelled policy remains
22 uncollected.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06778-01-7
S. 3529 2 A. 3032
1 c. The state insurance fund shall not be required to write a policy of
2 insurance for any employer which is owned or controlled or the majority
3 interest of which is owned or controlled, directly or indirectly, by any
4 person who directly or indirectly owns or controls or owned or
5 controlled at the time of cancellation an employer whose former policy
6 of insurance with the state insurance fund was cancelled for non-payment
7 of premium and assessments evidenced by a judgment holding such individ-
8 uals liable for such payments pursuant to the civil action defined in
9 subdivision a of this section or withdraws pursuant to section ninety-
10 four of this article or who is or was at the time of cancellation the
11 president, vice-president, secretary or treasurer of such an employer
12 until the [billed premium] judgment on the cancelled policy is paid.
13 For purposes of this subdivision, "person" shall include individuals,
14 partnerships, corporations, and other associations.
15 § 2. This act shall take effect on the ninetieth day after it shall
16 have become a law.
