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Senate Bill S7896

2013-2014 Legislative Session

Relates to provisions permitting certain groups to self insure

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2013-S7896 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง50, Work Comp L

2013-S7896 (ACTIVE) - Summary

Enacts additional provisions permitting self insurance by certain groups.

2013-S7896 (ACTIVE) - Sponsor Memo

2013-S7896 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7896

                            I N  S E N A T E

                              June 17, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the workers' compensation law, in relation to group self
  insurers; and providing for the repeal of such provisions upon expira-
  tion thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph 10 of subdivision 3-a of section 50 of the work-
ers' compensation law is amended by adding a  new  subparagraph  (c)  to
read as follows:
  (C)  ANY  OTHER  PROVISION  OF THIS PARAGRAPH TO THE CONTRARY NOTWITH-
STANDING, A GROUP SELF INSURER PLAN THAT IN ADDITION  TO  MEETING  OTHER
REQUIREMENTS  OF  THIS  PARAGRAPH,  DEMONSTRATES  ITS  ABILITY TO SECURE
ANTICIPATED PRESENT AND FUTURE CLAIMS OF THE MEMBERS OF THE GROUP SHALL,
UPON APPROVAL BY THE BOARD, BE PERMITTED TO  MAINTAIN  RESERVES  OF  NOT
LESS THAN EIGHTY PERCENT OF THE AMOUNTS THAT WOULD OTHERWISE BE REQUIRED
PURSUANT  TO CLAUSE TWO OF SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE BOARD
SHALL APPROVE SUCH GROUP SELF-INSURER PLAN THAT DEMONSTRATES THE FOLLOW-
ING:
  (1) THE EXISTENCE OF A COLLECTIVE BARGAINING AGREEMENT WHICH  REQUIRES
THAT EMPLOYERS OBTAIN WORKERS' COMPENSATION COVERAGE FROM THE GROUP;
  (2)  THE  GROUP  HAS THE ABILITY TO SET, REVISE, OR RE-SET RATES ON AT
LEAST A MONTHLY SCHEDULE AS MAY BE NECESSARY TO PROVIDE  FOR  COLLECTION
OF ADDITIONAL FUNDS FROM GROUP MEMBERS IN THE EVENT THE DEPOSIT WITH THE
BOARD IS INSUFFICIENT TO MEET THE LIABILITIES OF THE GROUP;
  (3)  THE  GROUP  HAS  ESTABLISHED A DELINQUENCY FUND OR HAS AGREEMENTS
WITH A FUND THAT WILL BE LIABLE FOR ANY UNCOLLECTED DELINQUENT  CONTRIB-
UTIONS TO THE GROUP;
  (4)  THE  GROUP  MEMBERS HAVE ASSUMED JOINT AND SEVERAL OBLIGATION FOR
THEIR PERIOD OF MEMBERSHIP FOR ANY LIABILITIES  OF  ALL  CLAIMS  OF  THE
FUND;
  (5)  THERE IS A DIRECT OR INDIRECT PENALTY OR WITHDRAWAL LIABILITY FOR
ANY MEMBER WHO WITHDRAWS FROM THE PLAN; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15637-01-4

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