S T A T E   O F   N E W   Y O R K
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     S. 3431                                                  A. 4951
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 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, SIMOTAS -- 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:
   §  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-
 ROAD RETIREMENT ACT, OR (C) HAS RECEIVED A CERTIFICATE  FROM  THE  STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03169-01-9

 S. 3431                             2                            A. 4951
 
 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.
   § 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.