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This entry was published on 2014-09-22
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SECTION 106
Consolidation of funds; definitions
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 6-A
§ 106. Consolidation of funds; definitions. On and after March first,
nineteen hundred ninety, the stock workers' compensation security fund
and the mutual workers' compensation security fund heretofore created
are hereby consolidated into a single fund to be known as the "workers'
compensation security fund". All assets, liabilities, rights and
obligations of the stock workers' compensation security fund and the
mutual workers' compensation security fund are hereby transferred and
assigned to and assumed by and devolved upon the workers' compensation
security fund and shall continue to be assets, liabilities, rights and
obligations of such fund without diminution or impairment. As used in
this article, unless the context or subject matter otherwise require;

"Fund" means the workers' compensation security fund.

"Fund year" means the calendar year.

"Stock carrier" means any stock corporation other than an insolvent
carrier, authorized to transact the business of workmen's compensation
insurance in this state.

"Mutual carrier" means any mutual corporation or reciprocal insurer,
other than an insolvent carrier, authorized to transact the business of
workmen's compensation insurance in this state.

"Nonprofit property/casualty insurance company" means a nonprofit
property/casualty insurance company as defined in paragraph fifty-three
of subsection (a) of section one hundred seven of the insurance law.

"Reciprocal insurer" means any reciprocal insurer authorized to
transact the business of workmen's compensation insurance in this state
and such reciprocal insurer shall be deemed to be a mutual carrier
within the intent of the several provisions of this article.

"Carrier" means a stock or mutual corporation or a reciprocal insurer
or a nonprofit property/casualty insurance company, if such corporation
or insurer is authorized to transact the business of workers'
compensation insurance in this state, including but not limited to the
issuance of an assumption of workers' compensation liability insurance
policy, but not including any such corporation or insurer which is
insolvent.

"Insolvent carrier" means a carrier as to which an order of
rehabilitation or of liquidation, or, if such carrier be a foreign
insurer, as to which an order for conservation of its assets within the
state, shall have been made after the effective date of this article
pursuant to article seventy-four of the insurance law, or a foreign
carrier which withdraws from or discontinues operation in this state and
fails to meet payments due on awards made, but not including a carrier,
whether a domestic or foreign insurer, which shall have become
rehabilitated and allowed to resume business after any such
rehabilitation or conservation of assets and meets its obligations as
they mature.

"Employer" includes any political subdivision liable for benefits
pursuant to the volunteer firefighters' benefit law.

"Employment" includes the service of a volunteer firefighter for which
a political subdivision is liable for benefits pursuant to the volunteer
firefighters' benefit law.

"Workers' compensation" and "compensation" include the benefits in
relation to volunteer firefighters and volunteer ambulance workers
pursuant to the volunteer firefighters' benefit law and the volunteer
ambulance workers' benefit law and benefits in relation to longshore and
harbor workers pursuant to the longshore and harbor workers'
compensation act, United States Code, Title 33, Sections 901 through
950.

"This chapter" includes the volunteer firefighters' benefit law and
the volunteer ambulance workers' benefit law; and the longshore and
harbor workers' compensation act, United States Code, Title 33, Sections
901 through 950; except when such a meaning is inconsistent with this
article.