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This entry was published on 2016-04-08
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SECTION 212
Voluntary coverage
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 9
§ 212. Voluntary coverage. 1. Any employer not required by this
article to provide for the payment of disability or family leave
benefits to his employees, or to any class or classes thereof, may
become a covered employer or bring within the provisions of this article
such employees or class or classes thereof by voluntarily electing to
provide for payment of such benefits in one or more of the ways set
forth in section two hundred eleven of this article; but such election
shall be subject to the approval of the chair, and if the employees are
required to contribute to the cost of such benefits the assent within
thirty days before such approval is granted, of more than one-half of
such employees shall be evidenced to the satisfaction of the chair. On
approval by the chair of such election to provide benefits, all the
provisions of this article shall become and continue applicable as if
the employer were a covered employer as defined in this article. The
obligation to continue as a covered employer with respect to employees
for whom provision of benefits is not required under this article, may
be discontinued by such employer on ninety days notice to the chair in
writing and to his or her employees, after he or she has provided for
payment of benefits for not less than one year and with such provision
for payment of obligations incurred on and prior to the termination date
as the chair may approve.

2. Notwithstanding the definition of "employer" and "employment" in
section two hundred one of this article, a public authority, a municipal
corporation or a fire district or other political subdivision may become
a covered employer for the purpose of providing disability benefits
under this article by complying with the provisions of subdivision one
of this section and may discontinue such status only as provided in that
subdivision.

3. Notwithstanding the definition of "employment" in section two
hundred one of this article, service as a farm laborer may become
covered employment by the employer complying with the provisions of
subdivision one of this section and such employer may discontinue such
status only as provided in that subdivision.

4. (a) An executive officer of a corporation who at all times during
the period involved owns all of the issued and outstanding stock of the
corporation and holds all of the offices pursuant to paragraph (e) of
section seven hundred fifteen of the business corporation law or two
executive officers of a corporation who at all times during the period
involved between them own all of the issued and outstanding stock of
such corporation and hold all such offices provided, however, that each
officer must own at least one share of stock and who is the executive
officer or who are the executive officers of a corporation having other
persons who are employees required to be covered under this article,
shall be deemed to be included in the corporation's disability and
family leave benefits insurance contract or covered by a certificate of
self-insurance or a plan under section two hundred eleven of this
article, unless the officer or officers elect to be excluded from the
coverage of this article. Such election shall be made by any such
corporation filing with the insurance carrier, or the chair of the
workers' compensation board in the case of self-insurance, upon a form
prescribed by the chair, a notice that the corporation elects to exclude
the executive officer or officers of such corporation named in the
notice from the coverage of this article. Such election shall be
effective with respect to all policies issued to such corporation by
such insurance carrier as long as it shall continuously insure the
corporation. Such election shall be final and binding upon the executive
officer or officers named in the notice until revoked by the
corporation.

(b) Notwithstanding the definition of "employer" in section two
hundred one of this article, a sole proprietor, member of a limited
liability company or limited liability partnership, or other
self-employed person may become a covered employer under this article by
complying with the provisions of subdivision one of this section.

5. A spouse who is an employee of a covered employer shall be deemed
to be included in the employer's disability and family leave benefits
insurance contract or covered by a certificate of self-insurance or a
plan under section two hundred eleven of this article, unless the
employer elects to exclude such spouse from the coverage of this
article. Such election shall be made by any such employer filing with
the insurance carrier, or the chair of the workers' compensation board
in the case of self-insurance, upon a form prescribed by the chair, a
notice that the employer elects to exclude such spouse named in the
notice from the coverage of this article. Such election shall be
effective with respect to all policies issued to such employer by such
insurance carrier as long as it shall continuously insure the employer.
Such election shall be final and binding upon the spouse named in the
notice until revoked by the employer.