§ 211 — Provision for payment of benefits

§ 211. Provision for payment of benefits. A covered employer shall,\nwith his or her own contributions and the contributions of his\nemployees, provide disability and after January first, two thousand\neighteen, family leave benefits to his or her employees in one or more\nof the following ways:\n 1. by insuring and keeping insured the payment of such benefits in the\nstate fund, or\n 2. by insuring and keeping insured the payment of such benefits with\nany stock or mutual corporation or reciprocal insurer authorized to\ntransact the business of accident and health insurance in this state, or\n 3. by furnishing satisfactory proof to the chair of the employers\nfinancial ability to pay such benefits, in which case the chair shall\nrequire the deposit of such securities as the chair may deem necessary\nconsistent with the provisions of subdivision three of section fifty of\nthis chapter. An association of employers or employees authorized to pay\nbenefits under this article or the trustee or trustees paying benefits\nunder a plan or agreement authorized under subdivisions four and five of\nthis section, may with the approval of the chair furnish such proof and\notherwise comply with the provisions of this section to provide\ndisability and family leave benefits to employees under such plan or\nagreement.\n 4. by a plan in existence on the effective date of this article. If on\nthe effective date of this article the employees of a covered employer\nor any class or classes of such employees are entitled to receive\ndisability and family leave benefits under a plan or agreement which\nremains in effect on July first, nineteen hundred fifty, the employer,\nsubject to the requirements of this section, shall be relieved of\nresponsibility for making provision for benefit payments required under\nthis article until the earliest date, determined by the chair for the\npurposes of this article, upon which the employer shall have the right\nto discontinue the provisions thereof or to discontinue his\ncontributions towards the cost. Any such plan or agreement may be\nextended, with or without modification, by agreement or collective\nbargaining between an employer or employers or association of employers\nand an association of employees, in which event the period for which the\nemployer is relieved of such responsibility shall include such period of\nextension. Any other plan or agreement in existence on the effective\ndate of this article which the employer may, by his or her sole act,\nterminate at any time, or with respect to which he or she is not\nobligated to continue for any period to make contributions, may be\naccepted by the chair as satisfying the obligation to provide for the\npayment of benefits under this article if such plan or agreement\nprovides benefits at least as favorable as the disability and family\nleave benefits provided by this article and does not require\ncontributions of any employee or of any class or classes of employees in\nexcess of the statutory amount provided in subdivision three of section\ntwo hundred nine of this article, subdivision three, except by agreement\nand provided the contribution is reasonably related to the value of the\nbenefits as determined by the chair. The chair may require that the\nemployer shall enter into an agreement in writing with the chair that he\nor she will pay the assessments set forth in sections two hundred\nfourteen and two hundred twenty-eight and that until he or she shall\nhave filed written notice with the chair of his or her election to\nterminate such plan or agreement or to discontinue making necessary\ncontributions to its cost, he or she will continue to provide for the\npayment of the disability and family leave benefits under such plan or\nagreement.\n During any period in which any plan or agreement or extension thereof\nauthorized under this subdivision provides for payment of benefits under\nthis article, the responsibility of the employer and the obligations and\nbenefits of the employees shall be as provided in said plan or agreement\nrather than as provided under this article, other than the benefits\nprovided in section two hundred seven, and provided the employer or\ncarrier has agreed to pay the assessments described in sections two\nhundred fourteen and two hundred twenty-eight.\n Any such plan or agreement may be extended with or without\nmodification, provided the benefits under such plan or agreement, as\nextended or modified, shall be found by the chair to be at least as\nfavorable as the benefits provided by this article.\n 5. by a new plan or agreement. After the effective date of this\narticle, a new plan or agreement with a carrier may be accepted by the\nchair as satisfying the obligation to provide for the payment of\nbenefits under this article if such plan or agreement shall provide\nbenefits at least as favorable as the disability and family leave\nbenefits provided by this article and does not require contributions of\nany employee or of any class or classes of employees in excess of the\nstatutory amount provided in section two hundred nine, subdivision\nthree, except by agreement and provided the contribution is reasonably\nrelated to the value of the benefits as determined by the chair. Any\nsuch plan or agreement shall continue until written notice filed with\nthe chair of intention to terminate such plan or agreement, and any\nmodification of such plan or agreement shall be subject to the written\napproval of the chair.\n During any period in which any plan or agreement or extension thereof\nauthorized under this subdivision provides for payment of benefits under\nthis article, the responsibility of the employer and the obligations and\nbenefits of the employees shall be as provided in said plan or agreement\nrather than as provided under this article, other than the benefits\nprovided in section two hundred seven, and provided the employer or\ncarrier has agreed to pay the assessments described in sections two\nhundred fourteen and two hundred twenty-eight.\n 6. if any plan or agreement authorized under subdivisions four and\nfive of this section covers less than all of the employees of a covered\nemployer, the provisions of this article shall apply with respect to his\nremaining employees not covered under such plan or agreement.\n 7. Premiums for policies providing disability or family leave benefits\nin accordance with this article shall be calculated in accordance with\napplicable provisions of the insurance law, including subsection (n) of\nsection four thousand two hundred and thirty-five of such law.\n 8. An employer providing disability benefits coverage pursuant to\nsubdivision three of this section may obtain coverage for family leave\nbenefits separately pursuant to subdivision one or subdivision two of\nthis section.\n The chairman may make reasonable regulations for the filing under\nsubdivisions four and five of this section of plans and agreements to\nprovide for the payment of benefits under this article.\n