S T A T E O F N E W Y O R K
________________________________________________________________________
8257
2011-2012 Regular Sessions
I N A S S E M B L Y
June 9, 2011
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Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to authorizing a trust
that has been issued an experience rated group insurance policy to
accept certain community rated employers without affecting the experi-
ence rated status of the trust; and providing for the repeal of such
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 2 of subsection (d) of section 4235 of the insur-
ance law is amended to read as follows:
(2) In this section "employer" may include any PUBLIC BENEFIT CORPO-
RATION, ANY municipal corporation, or the proper officers, as such, of
any unincorporated municipality, or any department of such corporation
or municipality determined by conditions pertaining to the employment.
S 2. Subsections (l) and (m) of section 4235 of the insurance law are
relettered subsections (m) and (n) and a new subsection (l) is added to
read as follows:
(L) NOTWITHSTANDING SUBSECTION (C) OF THIS SECTION, A TRUST THAT (1)
WAS ESTABLISHED NOVEMBER FIFTEENTH, TWO THOUSAND TEN AND (2) WHICH HAS
BEEN VALIDLY ISSUED A GROUP POLICY UNDER SUBPARAGRAPH (D) OF PARAGRAPH
ONE OF SUBSECTION (C) OF THIS SECTION IS AUTHORIZED TO ACCEPT AS A
MEMBER ANY MUNICIPAL CORPORATION, AS SUCH TERM IS DEFINED IN SECTION TWO
OF THE GENERAL MUNICIPAL LAW, AND ANY PUBLIC BENEFIT CORPORATION,
INCLUDING, BUT NOT LIMITED TO ANY WATER AUTHORITY OR DISTRICT AND ANY
HOUSING AUTHORITY, EVEN IF SUCH MUNICIPAL OR PUBLIC BENEFIT CORPORATION
HAS LESS THAN FIFTY EMPLOYEES. SUCH CORPORATIONS SHALL BE ACCEPTED AS
MEMBERS NOTWITHSTANDING THEIR STATUS AS COMMUNITY RATED PURSUANT TO
SECTION THREE THOUSAND TWO HUNDRED THIRTY-ONE OF THIS CHAPTER AND THE
ACCEPTANCE THEREOF SHALL NOT AFFECT THE TRUST'S STATUS AS EXPERIENCE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10454-01-1
A. 8257 2
RATED PURSUANT TO SUBPARAGRAPH (D) OF PARAGRAPH ONE OF SUBSECTION (C) OF
THIS SECTION.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall expire and be deemed repealed 3
years after such effective date; provided, however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.