S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6410--A
     Cal. No. 1064
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sens.  RAMOS,  GRIFFO, SKOUFIS -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Insur-
   ance  --  reported  favorably from said committee and committed to the
   Committee on Labor -- reported favorably from said committee,  ordered
   to  first  and  second  report,  ordered to a third reading, passed by
   Senate and delivered to the  Assembly,  recalled,  vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 AN ACT to amend the insurance law, the workers'  compensation  law,  the
   volunteer  firefighters' benefit law, the volunteer ambulance workers'
   benefit law, and the general municipal law, in relation to deductibles
   offered by public group self-insurers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 3443 of the insurance law,
 as  added  by  chapter  924  of  the laws of 1990, is amended to read as
 follows:
   An insurer issuing a workers' compensation  and  employers'  liability
 insurance  policy,  [and a group self-insurer for municipal corporations
 as defined in subdivision three-a  of  section  fifty  of  the  workers'
 compensation  law,]  may offer, as part of the policy or by endorsement,
 deductibles optional to the policyholder for benefits payable under  the
 policy,  subject to approval by the superintendent and subject to under-
 writing by the insurer,  consistent  with  the  following  standards  or
 factors:
   §  2. Subparagraph (a) of paragraph 2 of subdivision 3-a of section 50
 of the workers' compensation law, as amended by section 4 of part  G  of
 chapter  57 of the laws of 2011, is amended and a new subparagraph (a-1)
 is added to read as follows:
   (a) Any group consisting exclusively of such  employers  may  adopt  a
 plan  for  self-insurance,  as  a group, for the payment of compensation

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

                                                            LBD10394-02-3
 S. 6410--A                          2
 
 under this chapter to their employees, except that  no  new  groups  may
 adopt  such  a plan, and no group not composed solely of public entities
 set forth in SUBPARAGRAPH (A-1) OF THIS paragraph [a of subdivision four
 of  this  section]  may  insure any liabilities for any employers on and
 after January first, two thousand twelve,  except  as  provided  for  in
 paragraph  ten  of  this  subdivision.  Under  such plan the group shall
 assume the liability of all the employers within the group and  pay  all
 compensation for which the said employers are liable under this chapter,
 except  that  in the case of [municipal corporations] PUBLIC GROUP SELF-
 INSURERS as [herein] defined IN SUBPARAGRAPH (A-1) OF THIS PARAGRAPH  no
 proof of financial ability or deposit of securities or cash need be made
 in  compliance  with  this  subdivision. The group qualifying under this
 subdivision shall be known as a group  self-insurer  and  the  employers
 participating therein and covered thereby shall be known as members.
   (A-1)  ANY  GROUP  CONSISTING  EXCLUSIVELY  OF  PUBLIC CORPORATIONS AS
 DEFINED IN SECTION SIXTY-SIX OF THE  GENERAL  CONSTRUCTION  LAW,  COUNTY
 SELF-INSURANCE  PLANS  ESTABLISHED  UNDER  ARTICLE FIVE OF THIS CHAPTER,
 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND CONSORTIA ESTABLISHED  BY
 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND ANY OTHER ENTITY DEFINED
 AS  A  PUBLIC  ENTITY  UNDER  PARAGRAPH  FIFTY-ONE  OF SUBSECTION (A) OF
 SECTION ONE HUNDRED SEVEN OF THE INSURANCE LAW EXCEPT THE STATE  OF  NEW
 YORK,  MAY  ADOPT A PLAN FOR SELF-INSURANCE, AS A GROUP, FOR THE PAYMENT
 OF COMPENSATION UNDER THIS CHAPTER TO  THEIR  EMPLOYEES.  SUCH  A  GROUP
 SHALL BE KNOWN AS A "PUBLIC GROUP SELF-INSURER". A COUNTY SELF-INSURANCE
 PLAN  ESTABLISHED  UNDER  ARTICLE  FIVE  OF THIS CHAPTER IS NOT ITSELF A
 PUBLIC GROUP SELF-INSURER AND IS NOT ITSELF SUBJECT TO THE  REQUIREMENTS
 OF  THIS  SECTION,  BUT  MAY JOIN A PUBLIC GROUP SELF-INSURER AND, IF IT
 DOES SO, SHALL ASSUME ALL OF THE OBLIGATIONS OF ITS PARTICIPANTS TO  THE
 PUBLIC  GROUP  SELF-INSURER.    A PUBLIC GROUP SELF-INSURER SHALL COMPLY
 WITH ALL OF THE REQUIREMENTS OF THIS SUBDIVISION,  INCLUDING  ANY  OBLI-
 GATIONS  IMPOSED  UPON  A  GROUP  ADMINISTRATOR,  BUT IS NOT REQUIRED TO
 SECURE THE SERVICES OF A GROUP ADMINISTRATOR OR OBTAIN A LICENSE AUTHOR-
 IZING IT TO ACT AS A GROUP SELF-INSURER ADMINISTRATOR, TO FURNISH SATIS-
 FACTORY  PROOF  TO  THE  CHAIR OF ITS FINANCIAL ABILITY TO  PAY  COMPEN-
 SATION FROM ITS REVENUES,  THEIR  SOURCE  AND  ASSURANCE OF CONTINUANCE,
 TO  PAY  A LICENSE FEE, OR TO DEPOSIT SECURITIES, POST A BOND OR PROVIDE
 OTHER SECURITY, EXCEPT AS SPECIFICALLY PROVIDED IN THIS SUBDIVISION.
   § 3. Subdivision 3-a of section 50 of the workers' compensation law is
 amended by adding a new paragraph 3-a to read as follows:
   (3-A) IF THE CHAIR DETERMINES THAT A  PUBLIC  GROUP  SELF-INSURER  HAS
 BECOME INSOLVENT, THE CHAIR SHALL PAY THE COMPENSATION AND BENEFITS THAT
 WOULD  OTHERWISE  HAVE  BEEN  REQUIRED  TO BE PAID BY THE MEMBERS OF THE
 PUBLIC GROUP SELF-INSURER FROM ADMINISTRATION EXPENSES  AS  PROVIDED  IN
 SECTION  ONE HUNDRED FIFTY-ONE OF THIS CHAPTER UPON AUDIT AND WARRANT OF
 THE COMPTROLLER AND UPON VOUCHERS APPROVED BY THE CHAIR, WHICH  PAYMENTS
 SHALL  BE  CONSIDERED  EXPENSES  OF ADMINISTRATION. FOR PURPOSES OF THIS
 PARAGRAPH, A PUBLIC GROUP SELF-INSURER  IS INSOLVENT WHEN THE  VALUE  OF
 THE  PUBLIC  GROUP SELF-INSURER'S ASSETS IS LESS THAN THE TOTAL COSTS OF
 THE WORKERS' COMPENSATION LIABILITIES THAT IT IS ANTICIPATED THE  PUBLIC
 GROUP  SELF-INSURER  WILL  BE  REQUIRED TO PAY WITHIN THE SUCCEEDING SIX
 MONTHS OR THAT THE COMPENSATION AND BENEFITS PROVIDED  BY  THIS  CHAPTER
 MAY  BE  UNPAID BY REASON OF THE DEFAULT OF A PUBLIC GROUP SELF-INSURER.
 UPON THE INSOLVENCY OF A PUBLIC GROUP SELF-INSURER,  EACH  MEMBER  SHALL
 ASSUME  RESPONSIBILITY  FOR  THE CONTINUED ADMINISTRATION AND PAYMENT OF
 ALL CLAIMS AGAINST IT, PROVIDED HOWEVER THAT THE PUBLIC  GROUP  SELF-IN-
 SURER  SHALL,  WITHIN THIRTY DAYS, TURN ITS ASSETS OVER TO THE CHAIR AND
 S. 6410--A                          3

 THE CHAIR SHALL ASSUME THE ADMINISTRATION AND COST OF THE CLAIMS OF  THE
 PUBLIC  GROUP  SELF-INSURER  FOR A PERIOD NOT TO EXCEED ONE YEAR. DURING
 THE PERIOD OF CHAIR ADMINISTRATION OF CLAIMS, EACH MEMBER OF THE  PUBLIC
 GROUP SELF-INSURER SHALL SECURE THE SERVICES OF A LICENSED CLAIMS ADMIN-
 ISTRATOR  AND  THE  CHAIR  SHALL SEGREGATE THE CLAIMS OBLIGATIONS OF THE
 INSOLVENT PUBLIC GROUP SELF-INSURER BY MEMBER, AND, IF NECESSARY  SEGRE-
 GATE  AN  ADEQUATE  CLAIM RESERVE FOR ANY CLAIMS OF DEFUNCT OR INSOLVENT
 MEMBERS OF THE INSOLVENT PUBLIC GROUP SELF-INSURER. NOT LATER  THAN  ONE
 YEAR  FROM  THE  ASSUMPTION  OF  THE ADMINISTRATION OF THE CLAIMS OF THE
 PUBLIC GROUP SELF-INSURER, EACH MEMBER OF  THE  INSOLVENT  PUBLIC  GROUP
 SELF-INSURER SHALL RESUME ADMINISTRATION OF ITS OWN CLAIMS AND THE CHAIR
 SHALL  RETURN TO EACH MEMBER WHATEVER PRO RATA SHARE OF THE PUBLIC GROUP
 SELF-INSURER'S ASSETS REMAIN AFTER THE PERIOD OF  CHAIR  ADMINISTRATION.
 THE  CHAIR SHALL BE REIMBURSED FOR ANY PAYMENT MADE UNDER THIS PARAGRAPH
 BY THE PUBLIC GROUP SELF-INSURER ITSELF AND, IF THE PUBLIC  GROUP  SELF-
 INSURER  IS UNABLE TO REIMBURSE THE CHAIR FULLY FOR PAYMENTS MADE BY THE
 CHAIR, THEN BY THE MEMBER OF THE PUBLIC GROUP SELF-INSURER AGAINST WHICH
 THE CLAIM IS ASSERTED. FURTHER, NOTHING HEREIN SHALL PRECLUDE THE  CHAIR
 FROM  DIRECTING  THAT  AN  UNDERFUNDED PUBLIC GROUP SELF-INSURER LEVY AN
 ASSESSMENT ON ITS MEMBERS AS PART OF A PLAN FOR ACHIEVING  FULLY  FUNDED
 STATUS  WHICH  MAY INCLUDE A DEFICIT ASSESSMENT ON MEMBERS OF SUCH GROUP
 SELF-INSURER WHICH SHALL BE SUBJECT TO APPROVAL OR MODIFICATION  BY  THE
 CHAIR. NO MEMBER SHALL BE LIABLE FOR ANY OBLIGATIONS OF THE PUBLIC GROUP
 SELF-INSURER  OR ANY OBLIGATIONS OF ANY MEMBER OF THE PUBLIC GROUP SELF-
 INSURER. THE CHAIR SHALL REQUIRE ANY MEMBER THAT HAS PENDING CLAIMS  BUT
 HAS  FAILED TO SECURE THE SERVICES OF A LICENSED CLAIMS ADMINISTRATOR TO
 RESUME ADMINISTRATION OF THE CLAIMS TO PAY TO THE CHAIR ANY EXPENSES THE
 CHAIR INCURS IN ADMINISTERING AND PAYING THOSE CLAIMS.
   § 4. Paragraph (g) of subdivision 3-e of section 50  of  the  workers'
 compensation  law,  as  added  by  chapter  729  of the laws of 1993, is
 amended and a new paragraph (h) is added to read as follows:
   (g) The state insurance fund[,] AND any other insurer  [or  any  group
 self-insurer  for  municipal  corporations  as  defined  in  subdivision
 three-a of this section] may, at its option, offer a  deductible  in  an
 amount specified in paragraph (c) of this subdivision to any policyhold-
 er  who  is  not otherwise eligible for a deductible under this subdivi-
 sion. A PUBLIC GROUP SELF-INSURER MAY OFFER A DEDUCTIBLE  IN  ACCORDANCE
 WITH PARAGRAPH (H) OF THIS SUBDIVISION.
   (H)  A  PUBLIC  GROUP  SELF-INSURER  WHICH HAS BEEN PROVIDING WORKERS'
 COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE FOR NOT  LESS  THAN  FIVE
 YEARS  AND IS OPERATED AS A SELF-ADMINISTERED NOT-FOR-PROFIT CORPORATION
 GOVERNED BY A BOARD NOT LESS THAN TWO-THIRDS OF THE MEMBERS OF WHICH ARE
 REPRESENTATIVES OF MEMBERS OF THE PUBLIC GROUP SELF-INSURER, AND ALL  OF
 THE OFFICERS OF WHICH ARE REPRESENTATIVES OF MEMBERS OF THE PUBLIC GROUP
 SELF-INSURER MAY, UPON A DETERMINATION BY THE CHAIR THAT THE METHODOLOGY
 USED  BY THE PUBLIC GROUP SELF-INSURER IN CREATING ITS DEDUCTIBLE RATING
 PLAN IS SUPPORTED BY AN ACTUARIAL ANALYSIS PREPARED BY  AN  INDEPENDENT,
 QUALIFIED ACTUARY WHO IS A MEMBER OF THE CASUALTY ACTUARIAL SOCIETY THAT
 CLEARLY IDENTIFIES THE ACTUARY'S RATE ASSUMPTIONS, AND SUBJECT TO UNDER-
 WRITING BY THE PUBLIC GROUP SELF-INSURER, OFFER AS PART OF THE POLICY OR
 BY  ENDORSEMENT,  DEDUCTIBLES OPTIONAL TO THE MEMBER, NOT SUBJECT TO THE
 FOREGOING MONETARY LIMITS, CONSISTENT WITH THE FOLLOWING:
   (1) CLAIMANTS' RIGHTS ARE PROPERLY PROTECTED, AND CLAIMANTS'  BENEFITS
 ARE PAID WITHOUT REGARD TO ANY SUCH DEDUCTIBLE;
   (2)  APPROPRIATE  PREMIUM REDUCTIONS REFLECT THE TYPE AND LEVEL OF ANY
 DEDUCTIBLE APPROVED BY THE CHAIR AND SELECTED BY THE MEMBER;
 S. 6410--A                          4
 
   (3) PREMIUM REDUCTIONS FOR DEDUCTIBLES ARE DETERMINED BEFORE  APPLICA-
 TION  OF  ANY  EXPERIENCE  MODIFICATION,  PREMIUM  SURCHARGE, OR PREMIUM
 DISCOUNT;
   (4)  RECOGNITION IS GIVEN TO MEMBER'S CHARACTERISTICS, INCLUDING SIZE,
 FINANCIAL CAPABILITIES, NATURE OF ACTIVITIES, AND NUMBER OF EMPLOYEES;
   (5) IF THE MEMBER SELECTS A DEDUCTIBLE, THE MEMBER IS  LIABLE  TO  THE
 PUBLIC  GROUP  SELF-INSURER FOR THE DEDUCTIBLE AMOUNT IN REGARD TO BENE-
 FITS PAID FOR COMPENSABLE CLAIMS;
   (6) THE PUBLIC GROUP SELF-INSURER PAYS ALL OF THE  DEDUCTIBLE  AMOUNT,
 APPLICABLE TO A COMPENSABLE CLAIM, TO THE PERSON OR PROVIDER ENTITLED TO
 BENEFITS AND THEN SEEKS REIMBURSEMENT FROM THE MEMBER FOR THE APPLICABLE
 DEDUCTIBLE AMOUNT;
   (7)  A  FAILURE  BY  THE MEMBER TO REIMBURSE DEDUCTIBLE AMOUNTS TO THE
 PUBLIC GROUP SELF-INSURER IS TREATED IN THE SAME MANNER AS NONPAYMENT OF
 THE MEMBER'S CONTRIBUTION;
   (8) THE PUBLIC GROUP SELF-INSURER SHALL BE FULLY-FUNDED AS DEFINED  IN
 SUBPARAGRAPH (B) OF PARAGRAPH TWO OF SUBDIVISION THREE-A OF THIS SECTION
 AND IF, AFTER OFFERING DEDUCTIBLE POLICIES, THE PUBLIC GROUP SELF-INSUR-
 ER CEASES TO BE FULLY FUNDED AS SO DEFINED, THE PUBLIC GROUP SELF-INSUR-
 ER  MAY  NOT  PERMIT ANY NEW MEMBER TO ELECT THE DEDUCTIBLE OPTION UNTIL
 THE PUBLIC GROUP SELF-INSURER BECOMES FULLY FUNDED;
   (9) THE PUBLIC GROUP SELF-INSURER MAY  ADD  NO  MORE  THAN  SEVEN  NEW
 DEDUCTIBLE MEMBERS IN ANY ONE CONTRIBUTION YEAR;
   (10)  THE  AGGREGATE  CONTRIBUTIONS  FOR ALL NEW MEMBERS SELECTING THE
 DEDUCTIBLE OPTION IN ANY ONE YEAR MAY NOT  EXCEED  TEN  PERCENT  OF  THE
 TOTAL  CONTRIBUTIONS  OF  ALL OF THE PUBLIC GROUP SELF-INSURER'S MEMBERS
 FOR THE IMMEDIATELY PRIOR YEAR;
   (11) IF THE MEMBER WAS SELF-INSURED PRIOR TO JOINING THE PUBLIC  GROUP
 SELF-INSURER,  THE  MEMBER'S DEDUCTIBLE AMOUNT DURING THE MEMBER'S FIRST
 YEAR OF MEMBERSHIP IN THE PUBLIC GROUP SELF-INSURER MAY NOT  EXCEED  THE
 AMOUNT  OF  THE  MEMBER'S REINSURANCE RETENTION LEVEL IMMEDIATELY BEFORE
 JOINING THE PUBLIC GROUP SELF-INSURER;
   (12) EACH MEMBER WHICH HAS ELECTED THE DEDUCTIBLE  OPTION  SHALL:  (I)
 MAINTAIN IN A DEDICATED ACCOUNT HELD BY THE PUBLIC GROUP SELF-INSURER AN
 AMOUNT  ACTUARIALLY  DETERMINED  TO  BE SUFFICIENT TO PAY THE PORTION OF
 EACH COMPENSATION CLAIM THAT IS WITHIN THE  DEDUCTIBLE  AMOUNT  FOR  THE
 SUCCEEDING  THREE MONTHS; AND (II) MAINTAIN IN ITS OWN DEDICATED RESERVE
 ACCOUNT OR IN ITS OWN UNDESIGNATED FUND BALANCE, THE  ACTUARIALLY-DETER-
 MINED  AMOUNT  THAT  THE  MEMBER  WILL BE REQUIRED TO PAY FOR ALL OF THE
 MEMBER'S CLAIMS BELOW THE DEDUCTIBLE AMOUNT; AND
   (13) THE PUBLIC GROUP SELF-INSURER SHALL PROVIDE TO ALL MEMBERS OF THE
 PUBLIC GROUP SELF-INSURER AN ANNUAL STATEMENT IDENTIFYING  THE  CONTRIB-
 UTIONS  PROVIDED  BY  AND THE RESERVES ATTRIBUTABLE TO THE MEMBERS WHICH
 HAVE ELECTED A DEDUCTIBLE AND MUST PROVIDE TO EACH MEMBER OF THE  PUBLIC
 GROUP  SELF-INSURER  WHICH  HAS  ELECTED THE DEDUCTIBLE OPTION AN ANNUAL
 ACTUARIAL ANALYSIS OF THE MEMBER'S OPEN CLAIMS, STATING THE AMOUNTS  THE
 PUBLIC  GROUP  SELF-INSURER ANTICIPATES THAT THE MEMBER WILL BE REQUIRED
 TO PAY FOR THE LIFE OF EACH CLAIM.
   § 5. Section 70 of the workers' compensation law, as added by  chapter
 849 of the laws of 1955, is amended to read as follows:
   §  70.  Excess  or  catastrophe insurance; PUBLIC GROUP SELF-INSURANCE
 PLANS.  1. The committee or administrator, subject to  the  approval  of
 the  board  of supervisors, may on behalf of the plan purchase excess or
 catastrophe insurance. The cost of such insurance shall be  an  adminis-
 trative expense of the plan.
 S. 6410--A                          5
 
   2.  THE  COMMITTEE  OR  ADMINISTRATOR,  SUBJECT TO THE APPROVAL OF THE
 BOARD OF SUPERVISORS, MAY ON BEHALF OF THE  PLAN  JOIN  A  PUBLIC  GROUP
 SELF-INSURER  ESTABLISHED  UNDER SUBDIVISION THREE-A OF SECTION FIFTY OF
 THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,  WHEN
 THE COMMITTEE OR ADMINISTRATOR CONTRACTS ON BEHALF OF THE PLAN TO JOIN A
 PUBLIC GROUP SELF-INSURER:
   A.  THE  PUBLIC  GROUP  SELF-INSURER,  THE COUNTY AND EACH PARTICIPANT
 SHALL REMAIN LIABLE IN THE MANNER PROVIDED IN THE PLAN FOR  CLAIMS  MADE
 PRIOR TO THE DATE ON WHICH THE PLAN JOINS THE PUBLIC GROUP SELF-INSURER;
 AND
   B.  THE  COMMITTEE  OR  ADMINISTRATOR SHALL ESTABLISH, BEFORE THE PLAN
 JOINS THE PUBLIC GROUP SELF-INSURER, A  METHOD,  WHICH  MAY  BE  AMENDED
 ANNUALLY THEREAFTER, BY WHICH TO APPORTION AMONG THE PARTICIPANTS IN THE
 PLAN THE COST OF ITS MEMBERSHIP IN THE PUBLIC GROUP SELF-INSURER AND ALL
 CLAIMS  MADE  AFTER  THE  DATE  ON WHICH THE PLAN JOINS THE PUBLIC GROUP
 SELF-INSURER, AND EACH PARTICIPANT IN THE PLAN SHALL PAY ITS  RESPECTIVE
 SHARE  OF  THE  COST  TO  THE COUNTY TREASURER, WHO SHALL PAY THE PUBLIC
 GROUP SELF-INSURER ON BEHALF OF ALL PLAN PARTICIPANTS.
   § 6. Subdivision 9 of section 30 of the volunteer firefighters'  bene-
 fit  law,  as  amended  by chapter 61 of the laws of 1989, is amended to
 read as follows:
   9. Insurance authorized to be purchased pursuant to subdivision  eight
 of  this  section may be secured from the state fund or any stock corpo-
 ration, mutual corporation or reciprocal insurer authorized to  transact
 the  business  of workers' compensation in this state. If such insurance
 is not secured, the political subdivision liable shall be deemed to have
 elected to be a self-insurer unless it is a participant in a county plan
 of self-insurance or its liability for benefits under  this  chapter  is
 covered  by a town's participation in a county plan of self-insurance as
 provided in subdivision three of section  sixty-three  of  the  workers'
 compensation  law  OR  IS A PARTICIPANT IN A PUBLIC GROUP SELF-INSURANCE
 PLAN ESTABLISHED UNDER SUBDIVISION THREE-A OF SECTION FIFTY OF THE WORK-
 ERS' COMPENSATION LAW. Every such self-insurer shall file with the chair
 of the workers' compensation board a notice of such election  prescribed
 in  form  by such chair. For failure to file such notice within ten days
 after such election is made, the treasurer or other  fiscal  officer  of
 such  political  subdivision  shall be liable to pay to the chair of the
 workers' compensation board the sum of one hundred dollars as a penalty,
 to be transferred to the state treasury. A notice of election  to  be  a
 self-insurer  for  compensation  and  benefits to volunteer firefighters
 under the provisions of the workers' compensation law  and  the  general
 municipal  law  in  effect prior to March first, nineteen hundred fifty-
 seven, which was filed prior to such date pursuant to the provisions  of
 subdivision four of section fifty of the workers' compensation law as in
 effect  prior  to  such  date shall be deemed to be a notice of election
 filed under this section unless the chair of the  workers'  compensation
 board  is  notified to the contrary.  The provisions of subdivision five
 of section fifty of the workers' compensation law shall be applicable to
 such self-insurers.
   § 7. Subdivision 8 of section 30 of the volunteer  ambulance  workers'
 benefit law, as amended by chapter 61 of the laws of 1989, is amended to
 read as follows:
   8.  Insurance authorized to be purchased pursuant to subdivision seven
 of this section may be secured from the state fund or any  stock  corpo-
 ration,  mutual  corporation,  group self-insurers or reciprocal insurer
 authorized to transact the business of  workers'  compensation  in  this
 S. 6410--A                          6
 
 state.    If  such  insurance  is not secured, the political subdivision
 liable shall be deemed to have elected to be a self-insurer unless it is
 a participant in a county plan of self-insurance or  its  liability  for
 benefits  under  this  chapter is covered by a town's participation in a
 county plan of self-insurance as provided in subdivision nine of section
 sixty-three of the workers' compensation law OR IS A  PARTICIPANT  IN  A
 PUBLIC  GROUP  SELF-INSURANCE PLAN ESTABLISHED UNDER SUBDIVISION THREE-A
 OF SECTION FIFTY OF THE WORKERS' COMPENSATION LAW. Every  such  self-in-
 surer  shall  file  with  the chair of the workers' compensation board a
 notice of such election prescribed in form by such chair. For failure to
 file such notice within ten days after such election is made, the treas-
 urer or other fiscal officer of  such  political  subdivision  shall  be
 liable to pay to the chair of the workers' compensation board the sum of
 one  hundred dollars as a penalty, to be transferred to the state treas-
 ury. A notice of election to be  a  self-insurer  for  compensation  and
 benefits  to  volunteer  ambulance  workers  under the provisions of the
 workers' compensation law and the general municipal law in effect  prior
 to  March  first,  in  the  year of enactment of this chapter, which was
 filed prior to such date pursuant to the provisions of subdivision  four
 of  section fifty of the workers' compensation law as in effect prior to
 such date shall be deemed to be a notice of election  filed  under  this
 section  unless the chair of the workers' compensation board is notified
 to the contrary. The provisions of subdivision five of section fifty  of
 the workers' compensation law shall be applicable to such self-insurers.
   §  8.  Paragraph  b  of  subdivision 2 of section 119-o of the general
 municipal law, as amended by chapter 681 of the laws of 1961, is amended
 to read as follows:
   b. The manner of employing, engaging,  compensating,  transferring  or
 discharging  necessary personnel, subject, however, to the provisions of
 the civil  service  law  where  applicable;  the  making  of  employer's
 contributions  for retirement, social security, health insurance, [work-
 men's] WORKERS' compensation, VOLUNTEER FIREFIGHTER AND VOLUNTEER  AMBU-
 LANCE  WORKER  BENEFITS, INCLUDING PARTICIPATION IN A PUBLIC GROUP SELF-
 INSURER, and other similar benefits;  the  approval  of  attendances  at
 conventions,  conferences  and  schools  for  public  officials  and the
 approval and payment of  travel  and  other  expenses  incurred  in  the
 performance  of  official duties; the bonding of designated officers and
 employees; the filing of oaths of  office  and  resignations  consistent
 with  general  laws  applicable  thereto;  provisions  that for specific
 purposes designated officers or employees of  the  joint  service  or  a
 joint water, sewage or drainage project shall be deemed those of a spec-
 ified participating corporation or district; and provisions that person-
 nel  assigned  to  a  joint service or a joint water, sewage or drainage
 project shall possess the same powers, duties, immunities and privileges
 they would ordinarily possess (1) if they performed their duties only in
 the corporation or district by which they are employed or  (2)  if  they
 were  employed by the corporation or district in which they are required
 to perform their duties.
   § 9. This act shall take effect immediately.