§ 32 — Group insurance

New York § 32

• Jurisdiction: New York
• Law VOL: Volunteer Firefighters' Benefit
• Art. 3: Liability For Benefits; Insurance

Text

§ 32. Group insurance. 1. Notwithstanding any provision of section\nthirty of this chapter, any town may contract for a single policy of\ninsurance indemnifying (1) all fire protection districts and fire alarm\ndistricts wholly within such town which are liable for the payment of\nbenefits under this chapter, (2) all territory within such town outside\ncities, villages, fire districts, fire protection districts and fire\nalarm districts which is liable for the payment of benefits under this\nchapter, and (3) the town in relation to such fire protection districts,\nfire alarm districts and outside territory, against liability imposed by\nthis chapter. If a town has any such liability and contracts for such a\nsingle policy, then and in that event only any such policy, if requested\nby the board of trustees of any village wholly within the town, or by\nthe board of fire commissioners of any fire district wholly within the\ntown, shall also indemnify such village or fire district against such\nliability. The cost of such insurance shall be a town charge and shall\nbe levied and collected in the same manner as other town charges only in\nthe territory of such town which is liable for the payment of benefits\nunder this chapter and which is outside of any village and fire\ndistricts not covered by such a policy. Nothing in this section\ncontained shall impose any additional liability on any town for any\nbenefit payments in relation to volunteer firefighters.\n 2. Notwithstanding any other provision of section thirty of this\nchapter, any group of cities, villages, fire districts or town boards\nacting for and on behalf of fire protection districts, fire alarm\ndistricts or territories outside any such municipal corporations or\ndistricts which are liable for the payment of benefits under this\nchapter, all of which cities, villages, districts and territories are\nlocated in whole or in part within one county, may elect by resolution\nof the governing board of each member of the group to be insured against\nliability imposed by this chapter, as a group under a single policy.\nSuch resolutions shall be filed with the chairman of the board of\nsupervisors. The group shall file with the chairman of the board of\nsupervisors an agreement, signed by the officer of the governing body\ndesignated by such resolution, agreeing to the effective date of such\npolicy and to the population of each such city, village, fire district,\nfire protection district, fire alarm district and such territory outside\nany such municipal corporation or district, and, if any such fire\nprotection district or fire alarm district lies wholly or partly within\ntwo or more towns, the population of the district within each such town.\nThe population shall be that which is shown by the latest federal\ncensus, or, if not shown by such census, then as estimated. The estimate\nused for any village, district or other area in a town plus the\nestimated or actual population of all other villages, districts and\nareas in such town shall not exceed the population of such town as shown\nby the latest federal census. It shall be the duty of the chairman of\nthe board of supervisors of the county, upon the filing of such\nresolutions and agreement, promptly to contract for insurance\nindemnifying against the liability imposed by this chapter in the manner\nprovided in section thirty of this chapter. Except by mutual consent of\nthe participating members, a member may withdraw from such a group only\nupon the anniversary date of the policy, and then only upon thirty days'\nnotice of withdrawal by mail to the chairman of the board of\nsupervisors. The cost of such insurance shall be apportioned by the\nclerk of the board of supervisors of the county to each such city,\nvillage, fire district, fire protection district, fire alarm district,\nand such territory outside such municipal corporations and districts, in\nthe proportion that the agreed population bears to the entire population\nof the group. Refunds, dividends and discounts in relation to such\ninsurance shall be distributed or credited according to the same\napportionment. Upon notification by the clerk of the board of\nsupervisors, the chief fiscal officer of each such city, village or fire\ndistrict shall pay to the county treasurer, from moneys available or\nmade available, the amount apportioned to such city, village or\ndistrict. Upon like notification, the supervisor of each town in which\nsuch a fire protection district or fire alarm district is located in\nwhole or in part, or in which such outside territory is located, shall\npay to the county treasurer the amount apportioned for such district, in\nwhole or in part, or territory, as the case may be, using moneys raised\nor made available for the purposes of fire protection in such district\nor outside territory, or if there be no such moneys or insufficient\nmoneys, using funds of the town available or made available, which funds\nshall be a charge upon such district or territory for which the town\nshall be reimbursed. The county treasurer shall pay the cost of such\ninsurance with such moneys, or if any apportioned share has not been\npaid, the county treasurer shall advance the amount necessary from\nmoneys of the general fund upon resolution of the board of supervisors.\nAny such advance shall be repaid as soon as moneys are available\ntherefor. If any apportioned share remains unpaid, the county may\nrecover the same by action at law. If any member of the group shall fail\nto pay its apportioned share within thirty days after notice that such\namount has become due and payable, the chairman of the board of\nsupervisors may terminate the participation of such member in the group\nby notice by mail to such member on a date specified in the notice, and\na copy of such notice shall be filed by the chairman of the board of\nsupervisors with the insurance carrier, who shall notify the chairman of\nthe workmen's compensation board of the termination of coverage in the\nsame manner as provided for cancellation of policy under subdivision\nfive of section fifty-four of the workmen's compensation law. If any\nvillage or fire district is located in two or more counties, it may\nelect to join such a group in one of such counties. If any fire\nprotection district or fire alarm district includes territory in more\nthan one county, it shall become a participant only if all the town\nboards acting for and on behalf of such district shall have elected that\nsuch district shall become a participant in such a group, and in such\ncase such town boards shall elect as to which county group it shall\njoin. If any participating fire protection district or fire alarm\ndistrict includes territory in more than one town, whether or not in\nmore than one county, the amount of cost of insurance, refund, dividend\nor discount apportioned to such district shall be apportioned in the\nproportion that the population of the district within each such town\nbears to the population of the entire district. The figure used for\npopulation in such case shall be the one stated in the agreement. If the\nboundaries of any city, village, fire district, fire protection\ndistrict, fire alarm district or such outside territory in the group\nshall be changed during the effective period of any such insurance\npolicy, or if there are changes in the membership of the group, the\nagreement heretofore mentioned concerning population shall be\nappropriately amended by a supplementary agreement to be executed and\nfiled in the same manner as the original agreement, in which case the\ncoverage of the policy and the apportionment of the cost thereof shall\nbe changed accordingly.\n 3. Each policy issued pursuant to subdivisions one and two of this\nsection shall identify clearly each city, town, village, fire district,\nfire protection district, fire alarm district and outside territory\ncovered thereby.\n