S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1295
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by M. of A. ZEBROWSKI, STIRPE, WALLACE, BENEDETTO, COLTON --
   read once and referred to the Committee on Labor
 
 AN ACT to amend the  workers'  compensation  law,  in  relation  to  the
   requirement  for  policyholders  to provide 30-days notice to withdraw
   from the state insurance fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  a of section 94 of the workers' compensation
 law, as amended by chapter 635 of the laws of 1996, is amended  to  read
 as follows:
   a.   Any employer may, upon complying with subdivision two or three of
 section fifty of this chapter, withdraw from the fund by turning in  his
 insurance  contract  for  cancellation,  provided  he  has given written
 notice to the fund of his intention to withdraw  not  less  than  thirty
 days  before  the  effective date of such cancellation.  Upon receipt of
 such notice the fund shall, at least ten days  prior  to  the  effective
 date  file  in  the office of the chairman a notice of such cancellation
 date.
   In no event shall the insurance contract be deemed cancelled until  at
 least ten days after the date of such filing, any earlier date mentioned
 in the notice to the contrary notwithstanding.
   If an employer withdraws from the fund upon complying with subdivision
 two  of  section  fifty of this chapter, the new insurance contract with
 the stock corporation, mutual corporation or reciprocal insurer shall be
 deemed not to take effect until  the  cancellation  of  such  employer's
 contract with the state insurance fund has become effective.
   THE  REQUIREMENTS OF THIS SUBDIVISION SHALL NOT APPLY WHEN AN EMPLOYER
 HAS GIVEN WRITTEN NOTICE TO THE FUND OF HIS INTENTION TO WITHDRAW, WHICH
 SHALL INCLUDE THE EFFECTIVE DATE OF SUCH CANCELLATION AND PROOF THAT THE
 EMPLOYER HAS COMPLIED WITH SUBDIVISION TWO  OF  SECTION  FIFTY  OF  THIS
 CHAPTER.  THE EFFECTIVE DATE OF CANCELLATION OF SUCH EMPLOYER'S CONTRACT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05085-01-1

 A. 1295                             2
 
 WITH THE STATE INSURANCE FUND SHALL BE THE DATE THAT THE  NEW  INSURANCE
 CONTRACT  WITH  THE  STOCK CORPORATION, MUTUAL CORPORATION OR RECIPROCAL
 INSURER TAKES EFFECT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.