S T A T E   O F   N E W   Y O R K
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    S. 1761                                                  A. 1223

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Insurance

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Insurance

AN ACT to amend the insurance law, in relation to  automobile  insurance
  rates for persons who are retired or disabled

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2330 of the insurance law is  amended  to  read  as
follows:
  S  2330. No fault motor vehicle insurance rates; reflection of reduced
exposure to loss. (A) Where the principal operator of a motor vehicle or
such operator's spouse is eligible for medicare benefits  for  items  of
basic  economic  loss  specified  in  paragraph one of subsection (a) of
section five thousand one hundred two of  this  chapter,  or  where  the
insurer's  obligation  to  pay first party benefits for loss of earnings
from work is reduced by virtue of the provisions of such subsection,  OR
BY  VIRTUE  OF  THE  PRINCIPAL  OPERATOR OR SUCH OPERATOR'S SPOUSE BEING
RETIRED OR DISABLED, the premium  attributable  to  coverage  under  the
automobile  insurance policy for such items shall be appropriately modi-
fied to reflect the insurer's reduced exposure to loss.
  (B) FOR PURPOSES OF THIS SECTION, THE TERM (1) "RETIRED" SHALL MEAN  A
PERSON  WHO  HAS ATTAINED AGE SIXTY-FIVE YEARS AND IS NOT ENGAGED IN ANY
ACTIVITIES FOR INCOME; AND THE TERM (2) "DISABLED" SHALL MEAN  A  PERSON
WHO IS NOT ENGAGED IN ANY ACTIVITIES FOR INCOME AND WHO (A) IS CERTIFIED
AS DISABLED AND ELIGIBLE TO RECEIVE SOCIAL SECURITY DISABILITY INSURANCE
(SSDI)  OR SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS UNDER THE FEDERAL
SOCIAL SECURITY ACT, OR (B) IS CERTIFIED AS  DISABLED  AND  ELIGIBLE  TO
RECEIVE  RAILROAD RETIREMENT DISABILITY BENEFITS UNDER THE FEDERAL RAIL-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01615-01-3

S. 1761                             2                            A. 1223

ROAD RETIREMENT ACT, OR (C) HAS RECEIVED A CERTIFICATE  FROM  THE  STATE
COMMISSION  FOR  THE  BLIND  AND  VISUALLY HANDICAPPED STATING THAT SUCH
PERSON IS LEGALLY BLIND.
  AN  AWARD  LETTER FROM THE SOCIAL SECURITY ADMINISTRATION OR THE RAIL-
ROAD RETIREMENT BOARD OR A CERTIFICATE FROM THE STATE COMMISSION FOR THE
BLIND AND VISUALLY HANDICAPPED MAY BE SUBMITTED AS PROOF OF DISABILITY.
  THE INSURER, AT THE TIME OF RENEWAL,  MAY  DETERMINE  BY  THE  RENEWAL
QUESTIONNAIRE IF THE PRINCIPAL OPERATOR OR SUCH OPERATOR'S SPOUSE QUALI-
FIES FOR A CONTINUATION OF THE MODIFIED PREMIUM.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all policies issued, modi-
fied, amended, altered, or renewed on or after such date.