§ 212 — Voluntary coverage

New York § 212

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 9: Disability Benefits

Text

§ 212. Voluntary coverage. 1. Any employer not required by this\narticle to provide for the payment of disability or family leave\nbenefits to his employees, or to any class or classes thereof, may\nbecome a covered employer or bring within the provisions of this article\nsuch employees or class or classes thereof by voluntarily electing to\nprovide for payment of such benefits in one or more of the ways set\nforth in section two hundred eleven of this article; but such election\nshall be subject to the approval of the chair, and if the employees are\nrequired to contribute to the cost of such benefits the assent within\nthirty days before such approval is granted, of more than one-half of\nsuch employees shall be evidenced to the satisfaction of the chair. On\napproval by the chair of such election to provide benefits, all the\nprovisions of this article shall become and continue applicable as if\nthe employer were a covered employer as defined in this article. The\nobligation to continue as a covered employer with respect to employees\nfor whom provision of benefits is not required under this article, may\nbe discontinued by such employer on ninety days notice to the chair in\nwriting and to his or her employees, after he or she has provided for\npayment of benefits for not less than one year and with such provision\nfor payment of obligations incurred on and prior to the termination date\nas the chair may approve.\n 2. Notwithstanding the definition of "employer" and "employment" in\nsection two hundred one of this article, a public authority, a municipal\ncorporation or a fire district or other political subdivision may become\na covered employer for the purpose of providing disability benefits\nunder this article by complying with the provisions of subdivision one\nof this section and may discontinue such status only as provided in that\nsubdivision.\n 3. Notwithstanding the definition of "employment" in section two\nhundred one of this article, service as a farm laborer may become\ncovered employment by the employer complying with the provisions of\nsubdivision one of this section and such employer may discontinue such\nstatus only as provided in that subdivision.\n 4. (a) An executive officer of a corporation who at all times during\nthe period involved owns all of the issued and outstanding stock of the\ncorporation and holds all of the offices pursuant to paragraph (e) of\nsection seven hundred fifteen of the business corporation law or two\nexecutive officers of a corporation who at all times during the period\ninvolved between them own all of the issued and outstanding stock of\nsuch corporation and hold all such offices provided, however, that each\nofficer must own at least one share of stock and who is the executive\nofficer or who are the executive officers of a corporation having other\npersons who are employees required to be covered under this article,\nshall be deemed to be included in the corporation's disability and\nfamily leave benefits insurance contract or covered by a certificate of\nself-insurance or a plan under section two hundred eleven of this\narticle, unless the officer or officers elect to be excluded from the\ncoverage of this article. Such election shall be made by any such\ncorporation filing with the insurance carrier, or the chair of the\nworkers' compensation board in the case of self-insurance, upon a form\nprescribed by the chair, a notice that the corporation elects to exclude\nthe executive officer or officers of such corporation named in the\nnotice from the coverage of this article. Such election shall be\neffective with respect to all policies issued to such corporation by\nsuch insurance carrier as long as it shall continuously insure the\ncorporation. Such election shall be final and binding upon the executive\nofficer or officers named in the notice until revoked by the\ncorporation.\n (b) Notwithstanding the definition of "employer" in section two\nhundred one of this article, a sole proprietor, member of a limited\nliability company or limited liability partnership, or other\nself-employed person may become a covered employer under this article by\ncomplying with the provisions of subdivision one of this section.\n 5. A spouse who is an employee of a covered employer shall be deemed\nto be included in the employer's disability and family leave benefits\ninsurance contract or covered by a certificate of self-insurance or a\nplan under section two hundred eleven of this article, unless the\nemployer elects to exclude such spouse from the coverage of this\narticle. Such election shall be made by any such employer filing with\nthe insurance carrier, or the chair of the workers' compensation board\nin the case of self-insurance, upon a form prescribed by the chair, a\nnotice that the employer elects to exclude such spouse named in the\nnotice from the coverage of this article. Such election shall be\neffective with respect to all policies issued to such employer by such\ninsurance carrier as long as it shall continuously insure the employer.\nSuch election shall be final and binding upon the spouse named in the\nnotice until revoked by the employer.\n