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This entry was published on 2020-04-24
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SECTION 160-II
Securing of compensation
Executive (EXC) CHAPTER 18, ARTICLE 6-F
§ 160-ii. Securing of compensation. 1. Within two hundred ten days of
the effective date of this article, the fund shall secure the payment of
workers' compensation to all black car operators entitled thereto
pursuant to this chapter by either: (a) self-insuring in accordance with
subdivision three of section fifty of the workers' compensation law and
the rules promulgated by the board pursuant to such section or (b)
purchasing workers' compensation insurance covering, on a blanket basis,
all black car operators who are the fund's employees pursuant to section
two of the workers' compensation law.

2. If the fund initially seeks to apply to the board for authorization
to self-insure pursuant to subdivision three of section fifty of the
workers' compensation law, it shall submit its application and
accompanying proof to the board within one hundred fifty days of the
effective date of this article. The board shall notify the fund and the
secretary in writing of any change in the fund's status as a
self-insurer or of any additional requirements that the board may deem
necessary for continuation of such status.

3. If the fund chooses to secure the payment of workers' compensation
pursuant to the workers' compensation law by purchasing an insurance
policy from the state insurance fund or a, licensed insurer, it shall
file with the department no later than thirty days after the
commencement of a new policy year a copy of the policy it has purchased.
In such case, the department shall be treated by the insurer as a
certificate holder for purposes of receiving notice of cancellation of
the policy.

4. No provision of this article shall be construed to alter or affect
the liability under the workers' compensation law of any central
dispatch facility with respect to black car operators prior to the fund
liability date.

* 5. The fund shall have the authority to provide additional health
benefits, consistent with its plan of operation, for all black car
operators entitled thereto pursuant to this chapter, provided that the
fund shall have complied with all applicable statutory and regulatory
requirements. The surcharge amount not related to payments of workers'
compensation claims and the administration of those claims shall be up
to one-half of one percent (0.5%).

* NB Repealed December 20, 2022