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This entry was published on 2019-01-11
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SECTION 61
Continuance of existing plans; establishment of new plans
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 5
§ 61. Continuance of existing plans; establishment of new plans. 1.
Plans of mutual self-insurance heretofore adopted by boards of
supervisors of counties pursuant to former subdivision three-a of
section fifty of this chapter, are hereby continued; provided, however,
that the board of supervisors of a county must provide by local law for
the continuation of the plan and for the administration thereof pursuant
to this article on or before July thirty-first, nineteen hundred
fifty-six, or such plan shall be deemed abandoned as of October
thirty-first, nineteen hundred fifty-six, subject to the provisions of
subdivision two of section seventy-five of this chapter. All such plans
not so abandoned shall be operated pursuant to the provisions of this
article and local laws adopted pursuant thereto.

2. The board of supervisors of a county may by local law establish the
plan of self-insurance provided for in this article.

3. A local law establishing a plan pursuant to this article may,
notwithstanding the provisions of paragraph f of subdivision one of
section eleven of the municipal home rule law, provide that the
provisions of subdivision three of section sixty-three of this article,
as amended from time to time, shall not be applicable to the plan in
that county and, if such plan is established, the term "liability", as
used in this article, shall not include any compensation, assessments or
other obligations under the volunteer firefighters' benefit law and the
provisions of subdivision three of section sixty-three of this article,
as amended from time to time, shall not be applicable in relation to
such plan.

4. If a plan has been continued pursuant to this article, the board of
supervisors may, notwithstanding the provisions of paragraph f of
subdivision one of section eleven of the municipal home rule law, adopt
a local law on or before the first day of August in any year to provide
that the provisions of subdivision three of section sixty-three of this
article, as amended from time to time, shall not be applicable to the
plan in that county after the thirty-first day of December in such year,
except as to liabilities existing on such latter date, and, if such a
local law is adopted, the term "liability", as used in this article,
shall not include any compensation, assessments or other obligations
under the volunteer firefighters' benefit law, and the provisions of
subdivision three of section sixty-three of this article shall not be
applicable in relation to such plan, after the thirty-first day of
December in such year, except as to, and in connection with, liabilities
existing on such thirty-first day of December.

5. If a local law has been adopted pursuant to either subdivision
three or subdivision four of this section, the board of supervisors may,
notwithstanding the provisions of paragraph f of subdivision one of
section eleven of the municipal home rule law, adopt a local law on or
before the first day of August in any year to provide that the
provisions of subdivision three of section sixty-three of this chapter,
as amended from time to time, shall be applicable to the plan in that
county after the thirty-first day of December in such year, and, if such
a local law is adopted, the term "liability", as used in this article
shall include any compensation, assessments, or other obligations under
the volunteer firefighters' benefit law, the volunteer ambulance
workers' benefit law, and the provisions of subdivision three of section
sixty-three of this chapter shall be applicable in relation to such
plan, after the thirty-first day of December in such year, and, further,
the provisions of section sixty-seven of this chapter shall be
applicable on and after the first day of August in such year in relation
to such plan.

6. Notwithstanding the provisions of paragraph f of subdivision one of
section eleven of the municipal home rule law, the board of supervisors
of a county may by local law amend the definition of "liability", as
defined in subdivision seven of section sixty of this article, to
exclude any liability under paragraph m of subdivision one of section
five of the volunteer firefighters' benefit law.