Rpld §50 sub 2, rpld §54 sub 7, amd §§54, 94, 151 & 157, Work Comp L
 
Repeals a provision of the workers' compensation law relating 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
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8706
IN SENATE
May 10, 2018
___________
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2 law is REPEALED.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4 REPEALED.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-
25 after issued to such fire or ambulance district by any insurance carrier
26 until revoked in whole or in part by resolution of the board of fire or
27 ambulance commissioners of the fire or ambulance district. Such election
28 not to provide such coverage shall not become effective until thirty
29 days after a copy of such resolution has been filed with the chairman of
30 the workers' compensation board and with the insurance carrier and a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15874-01-8
S. 8706 2
1 copy thereof is furnished to each officer and employee as to whom such
2 revocation is applicable. The chairman of the workers' compensation
3 board shall prescribe the form of such resolution. The provisions of
4 this subdivision shall not be applicable in cases where the injury
5 arises out of and in the course of duty as a volunteer firefighter or a
6 volunteer ambulance worker or as a civil defense volunteer and where the
7 computation of benefits would be made under the provisions of the volun-
8 teer firefighters' benefit law or the volunteer ambulance workers' bene-
9 fit law or under article ten of this chapter.
10 § 4. Subdivision a of section 94 of the workers' compensation law, as
11 amended by chapter 635 of the laws of 1996, is amended to read as
12 follows:
13 a. Any employer may, upon complying with subdivision [two or] three
14 of section fifty of this chapter, withdraw from the fund by turning in
15 his insurance contract for cancellation, provided he or she has given
16 written notice to the fund of his or her intention to withdraw not less
17 than thirty days before the effective date of such cancellation. Upon
18 receipt of such notice the fund shall, at least ten days prior to the
19 effective date file in the office of the chairman a notice of such
20 cancellation date.
21 In no event shall the insurance contract be deemed cancelled until at
22 least ten days after the date of such filing, any earlier date mentioned
23 in the notice to the contrary notwithstanding.
24 [If an employer withdraws from the fund upon complying with subdivi-
25 sion two of section fifty of this chapter, the new insurance contract
26 with the stock corporation, mutual corporation or reciprocal insurer
27 shall be deemed not to take effect until the cancellation of such
28 employer's contract with the state insurance fund has become effective.]
29 § 5. Subdivision 4 of section 151 of the workers' compensation law, as
30 added by section 22 of part GG of chapter 57 of the laws of 2013, is
31 amended to read as follows:
32 4. For those affected employers obtaining coverage:
33 (a) by insuring with the state fund pursuant to subdivision one of
34 section fifty of this chapter; or (b) [through a policy pursuant to
35 subdivision two of section fifty of this chapter; or (c)] through a
36 county self-insurance plan under article five of this chapter; or [(d)]
37 (c) through a group private or public self-insurer pursuant to subdivi-
38 sion three-a of section fifty of this chapter, such assessment amounts
39 shall be collected and remitted to the chair by the carrier or the state
40 insurance fund, or county plan, or group private or public self-insurer,
41 on behalf of the employer(s) until such time as the board establishes a
42 direct employer payment process. Affected private or public employers
43 providing compensation through self insurance pursuant to subdivision
44 three of section fifty of this chapter shall pay assessment amounts
45 directly to the chair.
46 § 6. Subdivision 5 of section 157 of the workers' compensation law, as
47 added by chapter 24 of the laws of 1988, is amended to read as follows:
48 5. "[Subdivisions] Subdivision one [and two] of section fifty", as
49 used in section one hundred fifty-one of this chapter, includes subdivi-
50 sion nine of section thirty of the volunteer firefighters' benefit law
51 and subdivision nine of section thirty of the volunteer ambulance work-
52 ers' benefit law.
53 § 7. This act shall take effect on the three hundred sixty-sixth day
54 after it shall have become a law.