S T A T E O F N E W Y O R K
S. 803 A. 530
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
January 5, 2011
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Insurance
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Insurance
AN ACT to amend the insurance law, in relation to automobile insurance
rates for persons who are retired or disabled
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2330 of the insurance law is amended to read as
S 2330. No fault motor vehicle insurance rates; reflection of reduced
exposure to loss. (A) Where the principal operator of a motor vehicle or
such operator's spouse is eligible for medicare benefits for items of
basic economic loss specified in paragraph one of subsection (a) of
section five thousand one hundred two of this chapter, or where the
insurer's obligation to pay first party benefits for loss of earnings
from work is reduced by virtue of the provisions of such subsection, OR
BY VIRTUE OF THE PRINCIPAL OPERATOR OR SUCH OPERATOR'S SPOUSE BEING
RETIRED OR DISABLED, the premium attributable to coverage under the
automobile insurance policy for such items shall be appropriately modi-
fied to reflect the insurer's reduced exposure to loss.
(B) FOR PURPOSES OF THIS SECTION, THE TERM (1) "RETIRED" SHALL MEAN A
PERSON WHO HAS ATTAINED AGE SIXTY-FIVE YEARS AND IS NOT ENGAGED IN ANY
ACTIVITIES FOR INCOME; AND THE TERM (2) "DISABLED" SHALL MEAN A PERSON
WHO IS NOT ENGAGED IN ANY ACTIVITIES FOR INCOME AND WHO (A) IS CERTIFIED
AS DISABLED AND ELIGIBLE TO RECEIVE SOCIAL SECURITY DISABILITY INSURANCE
(SSDI) OR SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS UNDER THE FEDERAL
SOCIAL SECURITY ACT, OR (B) IS CERTIFIED AS DISABLED AND ELIGIBLE TO
RECEIVE RAILROAD RETIREMENT DISABILITY BENEFITS UNDER THE FEDERAL RAIL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 803 2 A. 530
ROAD RETIREMENT ACT, OR (C) HAS RECEIVED A CERTIFICATE FROM THE STATE
COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED STATING THAT SUCH
PERSON IS LEGALLY BLIND.
AN AWARD LETTER FROM THE SOCIAL SECURITY ADMINISTRATION OR THE RAIL-
ROAD RETIREMENT BOARD OR A CERTIFICATE FROM THE STATE COMMISSION FOR THE
BLIND AND VISUALLY HANDICAPPED MAY BE SUBMITTED AS PROOF OF DISABILITY.
THE INSURER, AT THE TIME OF RENEWAL, MAY DETERMINE BY THE RENEWAL
QUESTIONNAIRE IF THE PRINCIPAL OPERATOR OR SUCH OPERATOR'S SPOUSE QUALI-
FIES FOR A CONTINUATION OF THE MODIFIED PREMIUM.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all policies issued, modi-
fied, amended, altered, or renewed on or after such date.