Bill Text: NY S01023 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to securing compensation to employees by insuring and keeping insured the payment of compensation with any stock corporation, mutual corporation or reciprocal insurer.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-01-10 - REFERRED TO LABOR [S01023 Detail]

Download: New_York-2019-S01023-Introduced.html


                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     2  law is REPEALED.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     4  REPEALED.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.
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