§ 160-II — Securing of compensation

New York § 160-II

• Jurisdiction: New York
• Law EXC: Executive
• Art. 6-F: New York Black Car Operators' Injury Compensation Fund, Inc

Text

§ 160-ii. Securing of compensation. 1. Within two hundred ten days of\nthe effective date of this article, the fund shall secure the payment of\nworkers' compensation to all black car operators entitled thereto\npursuant to this chapter by either: (a) self-insuring in accordance with\nsubdivision three of section fifty of the workers' compensation law and\nthe rules promulgated by the board pursuant to such section or (b)\npurchasing workers' compensation insurance covering, on a blanket basis,\nall black car operators who are the fund's employees pursuant to section\ntwo of the workers' compensation law.\n 2. If the fund initially seeks to apply to the board for authorization\nto self-insure pursuant to subdivision three of section fifty of the\nworkers' compensation law, it shall submit its application and\naccompanying proof to the board within one hundred fifty days of the\neffective date of this article. The board shall notify the fund and the\nsecretary in writing of any change in the fund's status as a\nself-insurer or of any additional requirements that the board may deem\nnecessary for continuation of such status.\n 3. If the fund chooses to secure the payment of workers' compensation\npursuant to the workers' compensation law by purchasing an insurance\npolicy from the state insurance fund or a, licensed insurer, it shall\nfile with the department no later than thirty days after the\ncommencement of a new policy year a copy of the policy it has purchased.\nIn such case, the department shall be treated by the insurer as a\ncertificate holder for purposes of receiving notice of cancellation of\nthe policy.\n 4. No provision of this article shall be construed to alter or affect\nthe liability under the workers' compensation law of any central\ndispatch facility with respect to black car operators prior to the fund\nliability date.\n * 5. The fund shall have the authority to provide additional health\nbenefits, consistent with its plan of operation, for all black car\noperators entitled thereto pursuant to this chapter, provided that the\nfund shall have complied with all applicable statutory and regulatory\nrequirements. The surcharge amount not related to payments of workers'\ncompensation claims and the administration of those claims shall be up\nto one-half of one percent (0.5%).\n * NB Repealed December 20, 2028\n