S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    52
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the general municipal  law,  the  workers'  compensation
   law,  the  insurance law, the volunteer firefighters' benefit law, and
   the volunteer ambulance workers' benefit law, in relation  to  partic-
   ipation in a public group self-insurer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 2 of section 119-o of the gener-
 al municipal law, as amended by chapter 681 of  the  laws  of  1961,  is
 amended to read as follows:
   b.  The  manner  of employing, engaging, compensating, transferring or
 discharging necessary personnel, subject, however, to the provisions  of
 the  civil  service  law  where  applicable;  the  making  of employer's
 contributions for retirement, social security, health  insurance,  work-
 men's compensation, VOLUNTEER FIREFIGHTER AND VOLUNTEER AMBULANCE WORKER
 BENEFITS,  INCLUDING  PARTICIPATION  IN A PUBLIC GROUP SELF-INSURER, and
 other similar benefits; the  approval  of  attendances  at  conventions,
 conferences  and  schools  for  public  officials  and  the approval and
 payment of travel and other expenses  incurred  in  the  performance  of
 official  duties;  the bonding of designated officers and employees; the
 filing of oaths of office and resignations consistent with general  laws
 applicable  thereto;  provisions  that  for specific purposes designated
 officers or employees of the joint service or a joint water,  sewage  or
 drainage  project  shall  be  deemed  those of a specified participating
 corporation or district; and provisions that  personnel  assigned  to  a
 joint service or a joint water, sewage or drainage project shall possess
 the same powers, duties, immunities and privileges they would ordinarily
 possess  (1)  if  they performed their duties only in the corporation or
 district by which they are employed or (2) if they were employed by  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00264-01-3
 A. 52                               2
 
 corporation  or  district  in  which  they are required to perform their
 duties.
   §  2.  Paragraph  1,  subparagraphs  (a),  (b) and (h) of paragraph 2,
 subparagraph (a) and item e of  subparagraph  (d)  of  paragraph  5  and
 subparagraph  (a) of paragraph 6 of subdivision 3-a of section 50 of the
 workers' compensation law, paragraph 1, subparagraph (a) and item  e  of
 subparagraph  (d)  of paragraph 5 and subparagraph (a) of paragraph 6 as
 amended by chapter 139 of the laws of 2008, subparagraphs (a) and (h) of
 paragraph 2 as amended by section 4 of part G of chapter 57 of the  laws
 of  2011,  and subparagraph (b) of paragraph 2 as amended by section 1-a
 of subpart E of part NNN of chapter 59 of the laws of 2017, are  amended
 to read as follows:
   (1)  Definitions.  As  used in this chapter the term "employers" shall
 include: (a) employers with related activity in a given industry  [which
 shall include municipal corporations as that term is defined in sections
 two  and  six-n  of  the  general  municipal law,] employing persons who
 perform work in connection with the given industry, (b) an  incorporated
 or  unincorporated association or associations consisting exclusively of
 such employers provided they employ persons  who  perform  such  related
 work  in  the  given  industry,  and  (c)  a combination of employers as
 described in subparagraph (a) hereof and an association or  associations
 of employers as described in subparagraph (b) hereof.
   (a)  Any  group  consisting  exclusively of such employers may adopt a
 plan for self-insurance, as a group, for  the  payment  of  compensation
 under  this  chapter  to  their employees, except that no new groups may
 adopt such a plan, and no group not composed solely of  public  entities
 set forth in [paragraph a of] subdivision [four] THREE-F of this section
 may insure any liabilities for any employers on and after January first,
 two  thousand  twelve,  except  as provided for in paragraph ten of this
 subdivision. Under such plan the group shall assume the liability of all
 the employers within the group and pay all compensation  for  which  the
 said  employers  are liable under this chapter[, except that in the case
 of municipal corporations as herein defined no proof of financial abili-
 ty or deposit of securities or cash need be made in compliance with this
 subdivision]. The group qualifying under this subdivision shall be known
 as a group self-insurer and  the  employers  participating  therein  and
 covered thereby shall be known as members.
   (b)  Where such plan is adopted the group self-insurer, EXCEPT A GROUP
 COMPOSED SOLELY OF PUBLIC ENTITIES SET FORTH IN SUBDIVISION  THREE-F  OF
 THIS  SECTION,  shall  furnish  satisfactory  proof  to the chair of its
 financial ability to pay such compensation for the members in the indus-
 try covered by it, its revenues, their source and assurance  of  contin-
 uance.  The chair shall require the deposit with the chair of such secu-
 rities as may be deemed necessary of the kind prescribed in subdivisions
 one, two, three, four and five, and subparagraph (a) of paragraph  three
 of  subdivision  seven of section two hundred thirty-five of the banking
 law or the deposit of cash or the filing of irrevocable letters of cred-
 it issued by a qualified banking institution as defined by rules promul-
 gated by the chair or the filing of a bond of a surety  company  author-
 ized  to  transact business in this state, in an amount to be determined
 to secure its liability to pay the  compensation  of  each  employer  as
 above  provided.    Such  surety bond must be approved as to form by the
 chair. The chair shall require each group self-insurer to provide  regu-
 lar reports no less than annually, which shall include but not be limit-
 ed  to  audited  financial  statements,  actuarial  opinions and payroll
 information containing proof that it is fully funded. Such reports shall
 A. 52                               3
 
 also include a contribution year analysis  detailing  contributions  and
 expenses  associated  with each specific contribution year. For purposes
 of this paragraph, proof that a group self-insurer is fully funded shall
 at  a minimum include proof of unrestricted cash and investments permit-
 ted by regulation of the chair of at least one hundred  percent  of  the
 total  liabilities,  including  the  estimate presented in the actuarial
 opinion submitted by the group  self-insurer  in  accordance  with  this
 chapter.  The  chair  by regulation, may set further financial standards
 for group self-insurers. Any group self-insurer that fails to show  that
 it  is  fully funded shall be deemed underfunded, and must submit a plan
 for achieving fully funded status which may include a deficit assessment
 on members of such group self-insurer which shall be subject to approval
 or modification by the chair. The amount of such under-funding, as meas-
 ured by the actuarial opinion or assumption  of  loss  policy  quotation
 submitted by the group, shall be considered unfunded claims as set forth
 in  subdivision  two  of  section sixteen hundred eighty-q of the public
 authorities law as added by section [35] THIRTY-FIVE of Part GG of chap-
 ter [57] FIFTY-SEVEN of the laws of [2013] TWO THOUSAND THIRTEEN.
   [(h) Any member terminating membership in a group  self-insurer  after
 less  than  four  years  in such group self-insurer, and any member in a
 group self-insurer that has defaulted, shall be precluded from obtaining
 prospective coverage from any group self-insurer  for  a  period  of  at
 least three years from the effective date of termination.]
   (a) Each PRIVATE group self-insurer shall, AND EACH GROUP SELF-INSURER
 MAY,  secure the services of a group administrator to be responsible for
 assisting the group self-insurer in complying  with  the  provisions  of
 this  section  and  the rules and regulations promulgated hereunder, and
 for coordinating services including but not limited to  claims  process-
 ing,  loss control, legal, accounting and actuarial services. No person,
 firm or corporation shall coordinate such services  or  otherwise  carry
 out  the  tasks of a group administrator as provided in this subdivision
 or in the regulations issued pursuant thereto on behalf of a group self-
 insurer unless such person shall have obtained from the chair a  license
 authorizing  it  to  act  as  a  group self-insurer administrator, which
 license may be revoked for good cause. The chair shall promulgate  regu-
 lations  setting  forth  any additional qualifications for such license,
 governing the conduct and compensation of group self-insurer administra-
 tors, and setting a license fee in an amount not less than five thousand
 dollars per year for such license for each group self-insurer the admin-
 istrator administers. Each administrator shall post a bond in the amount
 of five hundred thousand dollars for each  group  self-insurer  adminis-
 tered  or such other amount as may be set by the chair based on the cost
 and availability of such bond, from which  the  chair  may  recover  any
 recoveries  or  penalties  against the administrator under this section.
 Nothing in this section shall relieve the trustees of a  group  self-in-
 surer of any fiduciary obligation they hold to the other members of such
 group self-insurer.
   e. the number and amount of rate deviations provided to members during
 the  prior  year  and  whether the recipient of any such deviation was a
 trustee, PROVIDED THAT THE APPLICATION OF RATING  FACTORS  IN  A  MANNER
 CONSISTENT  WITH  THE FILED RATING PLAN IS NOT A DEVIATION WHICH MUST BE
 REPORTED UNDER THIS SUBDIVISION; and
   (a) Group self-insurers must file with the board, as soon as practica-
 ble but no later than sixty days prior to the start of the fund  year  a
 rating plan which is supported by an actuarial rate study prepared by an
 independent,  qualified  actuary  that  is  a fellow or associate of the
 A. 52                               4
 
 casualty actuarial society, that clearly identifies the actuary's  indi-
 cated  rate assumptions therein. The rating plan must apply consistently
 to all members, and must provide for  a  common  renewal  date  for  all
 PRIVATE  group  self-insurer  members.  The  rates filed can be adjusted
 based on an experience  modification  calculated  for  every  member  in
 accordance  with  the experience rating plan promulgated by the workers'
 compensation rating board.  Experience  modification  formulas  must  be
 applied identically to all members. Other rate deviations may be permis-
 sible  provided  a  plan has been approved by the board. Such deviations
 shall not be in excess of ten percent of the  actuary's  indicated  rate
 unless otherwise approved by the board for a fully funded group self-in-
 surer,  and  shall in no event result in amounts less than the actuary's
 overall indicated rate. The chair by regulation  may  set  further  rate
 plan and actuarial reporting standards.
   §  3.  Paragraph  (g) of subdivision 3-e of section 50 of the workers'
 compensation law, as added by chapter  729  of  the  laws  of  1993,  is
 amended and a new subdivision 3-f is added to read as follows:
   (g)  The state insurance fund, any other insurer or any group self-in-
 surer for municipal corporations as  defined  in  subdivision  [three-a]
 THREE-F  of  this  section  may, at its option, offer a deductible in an
 amount specified in paragraph (c) of this subdivision to any policyhold-
 er who is not otherwise eligible for a deductible  under  this  subdivi-
 sion.
   3-F.  (1)  ANY  GROUP CONSISTING EXCLUSIVELY OF MUNICIPAL CORPORATIONS
 AND PUBLIC CORPORATIONS AS SUCH TERMS ARE DEFINED IN  SECTION  SIXTY-SIX
 OF THE GENERAL CONSTRUCTION LAW, COUNTY SELF-INSURANCE PLANS ESTABLISHED
 UNDER  ARTICLE  FIVE  OF THIS CHAPTER, BOARDS OF COOPERATIVE EDUCATIONAL
 SERVICES AND CONSORTIA ESTABLISHED BY BOARDS OF COOPERATIVE  EDUCATIONAL
 SERVICES  MAY  ADOPT  A  PLAN  FOR  SELF-INSURANCE,  AS A GROUP, FOR THE
 PAYMENT OF COMPENSATION UNDER THIS  CHAPTER  TO  THEIR  EMPLOYEES.  SUCH
 GROUP SHALL BE KNOWN AS A "PUBLIC GROUP SELF-INSURER".  ALL OTHER GROUPS
 ESTABLISHED  UNDER  THIS  SECTION  ARE  "PRIVATE GROUP SELF-INSURERS". A
 COUNTY SELF-INSURANCE PLAN ESTABLISHED UNDER ARTICLE FIVE OF THIS  CHAP-
 TER IS NOT ITSELF A PUBLIC GROUP SELF-INSURER, AND IS NOT ITSELF SUBJECT
 TO  THE  REQUIREMENTS OF THIS SECTION, BUT MAY JOIN A PUBLIC GROUP SELF-
 INSURER AND, IF IT DOES SO, SHALL ASSUME ALL OF THE OBLIGATIONS  OF  ITS
 PARTICIPANTS  TO THE PUBLIC GROUP SELF-INSURER. NO ENTITY WHICH IS NOT A
 MUNICIPAL CORPORATION AS DEFINED IN SECTION  SIXTY-SIX  OF  THE  GENERAL
 CONSTRUCTION LAW, A COUNTY SELF-INSURANCE PLAN ESTABLISHED UNDER ARTICLE
 FIVE  OF THIS CHAPTER, OR A CONSORTIUM ESTABLISHED BY A BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES, MAY JOIN A PUBLIC GROUP SELF-INSURER  UNLESS
 IT MAY LEVY TAXES OR IS OTHERWISE DIRECTLY CAPABLE OF GENERATING REVENUE
 IN THE EVENT OF A FUNDING DEFICIENCY WITHIN THE PUBLIC GROUP SELF-INSUR-
 ER,  OR ITS OBLIGATIONS ARE GUARANTEED BY ANOTHER MEMBER WHICH IS SUCH A
 MUNICIPAL CORPORATION. A PUBLIC GROUP SELF-INSURER SHALL COMPLY WITH ALL
 OF THE REQUIREMENTS OF SUBDIVISION THREE-A OF  THIS  SECTION;  INCLUDING
 ANY  OBLIGATIONS IMPOSED BY SUCH SUBDIVISION UPON A GROUP ADMINISTRATOR,
 BUT SHALL NOT BE REQUIRED TO OBTAIN A LICENSE AUTHORIZING IT TO ACT AS A
 GROUP SELF-INSURER ADMINISTRATOR, TO PAY A LICENSE  FEE  OR  TO  POST  A
 BOND. NO PROOF OF FINANCIAL ABILITY TO PAY THE COMPENSATION PROVIDED FOR
 BY  THIS  CHAPTER OR DEPOSIT OF SECURITIES SHALL BE REQUIRED OF A PUBLIC
 GROUP SELF-INSURER AND, IN LIEU THEREOF, THE  LIABILITY  OF  THE  PUBLIC
 GROUP  SELF-INSURER'S MEMBERS SHALL SERVE AS THE SECURITY REQUIRED UNDER
 PARAGRAPH TWO OF SUBDIVISION THREE-A OF THIS SECTION.  THE  CHAIR  SHALL
 IMPLEMENT  THE  PROVISIONS OF THIS SUBDIVISION BY PROMULGATING RULES AND
 A. 52                               5
 
 REGULATIONS, BUT NO SUCH RULES AND REGULATIONS SHALL  BE  NECESSARY  FOR
 ANY PROVISIONS OF THIS SUBDIVISION TO BE EFFECTIVE.
   (2)  A  PUBLIC  GROUP SELF-INSURER AS DEFINED IN PARAGRAPH ONE OF THIS
 SUBDIVISION MAY OFFER, AS PART  OF  THE  AGREEMENT  OR  BY  ENDORSEMENT,
 DEDUCTIBLES OPTIONAL TO THE MEMBER FOR BENEFITS PAYABLE UNDER THE AGREE-
 MENT, UPON A DETERMINATION BY THE CHAIR THAT THE PLAN IS SUPPORTED BY AN
 ACTUARIAL  ANALYSIS PREPARED BY AN INDEPENDENT, QUALIFIED ACTUARY WHO IS
 A MEMBER OF THE CASUALTY ACTUARIAL SOCIETY THAT CLEARLY  IDENTIFIES  THE
 ACTUARY'S  INDICATED DEDUCTIBLE CREDIT AND RATE ASSUMPTIONS, AND SUBJECT
 TO UNDERWRITING BY THE PUBLIC GROUP SELF-INSURER,  CONSISTENT  WITH  THE
 FOLLOWING STANDARDS OR FACTORS:
   (A)  CLAIMANTS'  RIGHTS ARE PROPERLY PROTECTED AND CLAIMANTS' BENEFITS
 ARE PAID WITHOUT REGARD TO ANY SUCH DEDUCTIBLE;
   (B) APPROPRIATE PREMIUM REDUCTIONS REFLECT THE TYPE AND LEVEL  OF  ANY
 DEDUCTIBLE APPROVED BY THE CHAIRMAN AND SELECTED BY THE MEMBER;
   (C)  PREMIUM REDUCTIONS FOR DEDUCTIBLES ARE DETERMINED BEFORE APPLICA-
 TION OF ANY  EXPERIENCE  MODIFICATION,  PREMIUM  SURCHARGE,  OR  PREMIUM
 DISCOUNT;
   (D)  RECOGNITION  IS  GIVEN TO MEMBER CHARACTERISTICS, INCLUDING SIZE,
 FINANCIAL CAPABILITIES, NATURE OF ACTIVITIES, AND NUMBER OF EMPLOYEES;
   (E) IF THE MEMBER SELECTS A DEDUCTIBLE, THE MEMBER IS  LIABLE  TO  THE
 PUBLIC  GROUP  SELF-INSURER FOR THE DEDUCTIBLE AMOUNT IN REGARD TO BENE-
 FITS PAID FOR COMPENSABLE CLAIMS;
   (F) THE PUBLIC GROUP SELF-INSURER PAYS ALL OF THE  DEDUCTIBLE  AMOUNT,
 APPLICABLE TO A COMPENSABLE CLAIM, TO THE PERSON OR PROVIDER ENTITLED TO
 BENEFITS AND REQUIRES THE MEMBER TO PAY TO IT IN ADVANCE AN AMOUNT ACTU-
 ARIALLY  DETERMINED  TO  BE SUFFICIENT TO PAY THE PORTION OF THE COMPEN-
 SATION CLAIM THAT IS WITHIN THE  DEDUCTIBLE  AMOUNT  AS  THOSE  PAYMENTS
 BECOME  DUE;  PROVIDED  THAT SUCH PERIODIC PAYMENTS SHALL BE PAID TO THE
 PUBLIC GROUP SELF-INSURER IN INTERVALS OF NO GREATER OF SIX MONTHS; AND
   (G) FAILURE TO REIMBURSE DEDUCTIBLE  AMOUNTS  BY  THE  MEMBER  TO  THE
 PUBLIC GROUP SELF-INSURER IS TREATED UNDER THE COVERAGE AGREEMENT IN THE
 SAME MANNER AS NONPAYMENT OF CONTRIBUTIONS.
   (3) WHENEVER THE CHAIR DETERMINES THAT A PUBLIC GROUP SELF-INSURER HAS
 BECOME  INSOLVENT OR THAT THE COMPENSATION AND BENEFITS PROVIDED BY THIS
 CHAPTER MAY BE UNPAID BY REASON OF THE DEFAULT OF A PUBLIC  GROUP  SELF-
 INSURER,  THE CHAIR SHALL PAY SUCH COMPENSATION AND BENEFITS FROM ADMIN-
 ISTRATION EXPENSES AS PROVIDED IN SECTION ONE HUNDRED FIFTY-ONE OF  THIS
 CHAPTER  UPON  AUDIT  AND  WARRANT  OF THE COMPTROLLER AND UPON VOUCHERS
 APPROVED BY THE CHAIR, WHICH PAYMENTS SHALL BE  CONSIDERED  EXPENSES  OF
 ADMINISTRATION.  AS USED IN THIS PARAGRAPH, INSOLVENT MEANS THE VALUE OF
 THE PUBLIC GROUP SELF-INSURER'S ASSETS IS LESS THAN THE TOTAL  COSTS  OF
 THE  WORKERS' COMPENSATION LIABILITIES THAT IT IS ANTICIPATED THE PUBLIC
 GROUP SELF-INSURER IS REQUIRED TO PAY WITHIN THE SUCCEEDING SIX  MONTHS.
 UPON  THE  INSOLVENCY  OF A PUBLIC GROUP SELF-INSURER, EACH MEMBER SHALL
 ASSUME RESPONSIBILITY FOR THE CLAIMS AGAINST IT.   THE  CHAIR  SHALL  BE
 REIMBURSED FOR ANY PAYMENT MADE UNDER THIS PARAGRAPH FIRST BY THE PUBLIC
 GROUP SELF-INSURER ITSELF AND IF THE PUBLIC GROUP SELF-INSURER IS UNABLE
 TO  FULLY REIMBURSE THE CHAIR FOR PAYMENTS MADE BY THE CHAIR THEN SECOND
 BY THE MEMBER OF THE PUBLIC GROUP SELF-INSURER AGAINST WHICH  THE  CLAIM
 IS  ASSERTED.  IF  THE CHAIR IS UNABLE TO OBTAIN REIMBURSEMENT FROM THAT
 MEMBER, THE CHAIR MAKE SEEK REIMBURSEMENT FROM ANY OTHER MEMBER  OF  THE
 PUBLIC  GROUP  SELF-INSURER.  ANY  MEMBER WHICH REIMBURSES THE CHAIR FOR
 PAYMENTS MADE UNDER THIS PARAGRAPH WITH RESPECT TO  CLAIMS  AGAINST  ANY
 OTHER  MEMBER  MAY  RECOVER  THOSE PAYMENTS FROM THE MEMBER WHOSE CLAIMS
 WERE PAID BY THE CHAIR. NOTHING HEREIN SHALL  PRECLUDE  THE  CHAIR  FROM
 A. 52                               6
 
 DIRECTING  THAT AN UNDERFUNDED PUBLIC GROUP SELF-INSURER LEVY AN ASSESS-
 MENT ON ITS MEMBERS AS PART OF A PLAN IMPLEMENTED PURSUANT  TO  SUBPARA-
 GRAPH (B) OF PARAGRAPH TWO OF SUBDIVISION THREE-A OF THIS SECTION.
   §  4.  The  opening paragraph of section 3443 of the insurance law, as
 added by chapter 924 of the laws of 1990, is amended to read as follows:
   An insurer issuing a workers' compensation  and  employers'  liability
 insurance  policy,  [and a group self-insurer for municipal corporations
 as defined in subdivision three-a  of  section  fifty  of  the  workers'
 compensation  law,]  may offer, as part of the policy or by endorsement,
 deductibles optional to the policyholder for benefits payable under  the
 policy,  subject to approval by the superintendent and subject to under-
 writing by the insurer,  consistent  with  the  following  standards  or
 factors:
   §  5. Subdivision 9 of section 30 of the volunteer firefighters' bene-
 fit law, as amended by chapter 61 of the laws of  1989,  is  amended  to
 read as follows:
   9.  Insurance authorized to be purchased pursuant to subdivision eight
 of this section may be secured from the state fund or any  stock  corpo-
 ration,  mutual corporation or reciprocal insurer authorized to transact
 the business of workers' compensation in this state.  If such  insurance
 is not secured, the political subdivision liable shall be deemed to have
 elected to be a self-insurer unless it is a participant in a county plan
 of  self-insurance  or  its liability for benefits under this chapter is
 covered by a town's participation in a county plan of self-insurance  as
 provided  in  subdivision  three  of section sixty-three of the workers'
 compensation law, OR IS A PARTICIPANT IN  A  GROUP  SELF-INSURANCE  PLAN
 CONSISTING  SOLELY  OF MUNICIPAL CORPORATIONS AS PROVIDED IN SUBDIVISION
 THREE-F OF SECTION FIFTY OF THE WORKERS' COMPENSATION  LAW.  Every  such
 self-insurer  shall  file  with  the  chair of the workers' compensation
 board a notice of such election prescribed in form by  such  chair.  For
 failure to file such notice within ten days after such election is made,
 the  treasurer  or  other  fiscal  officer of such political subdivision
 shall be liable to pay to the chair of the workers'  compensation  board
 the  sum  of  one hundred dollars as a penalty, to be transferred to the
 state treasury. A notice of election to be a  self-insurer  for  compen-
 sation  and  benefits  to volunteer firefighters under the provisions of
 the workers' compensation law and the general municipal  law  in  effect
 prior  to  March  first,  nineteen  hundred fifty-seven, which was filed
 prior to such date pursuant to the provisions  of  subdivision  four  of
 section  fifty  of  the  workers' compensation law as in effect prior to
 such date shall be deemed to be a notice of election  filed  under  this
 section  unless the chair of the workers' compensation board is notified
 to the contrary. The provisions of subdivision five of section fifty  of
 the workers' compensation law shall be applicable to such self-insurers.
   §  6.  Subdivision 8 of section 30 of the volunteer ambulance workers'
 benefit law, as amended by chapter 61 of the laws of 1989, is amended to
 read as follows:
   8. Insurance authorized to be purchased pursuant to subdivision  seven
 of  this  section may be secured from the state fund or any stock corpo-
 ration, mutual corporation, group self-insurers  or  reciprocal  insurer
 authorized  to  transact  the  business of workers' compensation in this
 state.   If such insurance is not  secured,  the  political  subdivision
 liable shall be deemed to have elected to be a self-insurer unless it is
 a  participant  in  a county plan of self-insurance or its liability for
 benefits under this chapter is covered by a town's  participation  in  a
 county plan of self-insurance as provided in subdivision nine of section
 A. 52                               7
 
 sixty-three  of  the workers' compensation law, OR IS A PARTICIPANT IN A
 GROUP-INSURANCE PLAN CONSISTING  SOLELY  OF  MUNICIPAL  CORPORATIONS  AS
 PROVIDED IN SUBDIVISION THREE-F OF SECTION FIFTY OF THE WORKERS' COMPEN-
 SATION  LAW.  Every  such  self-insurer shall file with the chair of the
 workers' compensation board a notice of such election prescribed in form
 by such chair. For failure to file such notice  within  ten  days  after
 such  election  is  made,  the treasurer or other fiscal officer of such
 political subdivision shall be liable to pay to the chair of  the  work-
 ers'  compensation board the sum of one hundred dollars as a penalty, to
 be transferred to the state treasury. A notice of election to be a self-
 insurer for compensation and benefits  to  volunteer  ambulance  workers
 under  the  provisions  of the workers' compensation law and the general
 municipal law in effect prior to March first, in the year  of  enactment
 of  this  chapter,  which  was  filed prior to such date pursuant to the
 provisions of subdivision four of section fifty of the workers'  compen-
 sation  law  as  in  effect  prior  to such date shall be deemed to be a
 notice of election filed under this section  unless  the  chair  of  the
 workers'  compensation board is notified to the contrary. The provisions
 of subdivision five of section fifty of the  workers'  compensation  law
 shall be applicable to such self-insurers.
   §  7.  This  act  shall take effect January 1, 2025; provided however,
 that subdivision 3-f of section 50 of the workers' compensation law,  as
 added by section three of this act, shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   52--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Labor --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the insurance law, the workers' compensation law, the
   volunteer firefighters' benefit law, the volunteer ambulance  workers'
   benefit law, and the general municipal law, in relation to deductibles
   offered by public group self-insurers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 3443 of the insurance law,
 as added by chapter 924 of the laws of  1990,  is  amended  to  read  as
 follows:
   An  insurer  issuing  a workers' compensation and employers' liability
 insurance policy, [and a group self-insurer for  municipal  corporations
 as  defined  in  subdivision  three-a  of  section fifty of the workers'
 compensation law,] may offer, as part of the policy or  by  endorsement,
 deductibles  optional to the policyholder for benefits payable under the
 policy, subject to approval by the superintendent and subject to  under-
 writing  by  the  insurer,  consistent  with  the following standards or
 factors:
   § 2. Subparagraph (a) of paragraph 2 of subdivision 3-a of section  50
 of  the  workers' compensation law, as amended by section 4 of part G of
 chapter 57 of the laws of 2011, is amended and a new subparagraph  (a-1)
 is added to read as follows:
   (a)  Any  group  consisting  exclusively of such employers may adopt a
 plan for self-insurance, as a group, for  the  payment  of  compensation
 under  this  chapter  to  their employees, except that no new groups may
 adopt such a plan, and no group not composed solely of  public  entities
 set forth in SUBPARAGRAPH (A-1) OF THIS paragraph [a of subdivision four
 of  this  section]  may  insure any liabilities for any employers on and

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

                                                            LBD00264-02-3
 A. 52--A                            2
 
 after January first, two thousand twelve,  except  as  provided  for  in
 paragraph  ten  of  this  subdivision.  Under  such plan the group shall
 assume the liability of all the employers within the group and  pay  all
 compensation for which the said employers are liable under this chapter,
 except  that  in the case of [municipal corporations] PUBLIC GROUP SELF-
 INSURERS as [herein] defined IN SUBPARAGRAPH (A-1) OF THIS PARAGRAPH  no
 proof of financial ability or deposit of securities or cash need be made
 in  compliance  with  this  subdivision. The group qualifying under this
 subdivision shall be known as a group  self-insurer  and  the  employers
 participating therein and covered thereby shall be known as members.
   (A-1)  ANY  GROUP  CONSISTING  EXCLUSIVELY  OF  PUBLIC CORPORATIONS AS
 DEFINED IN SECTION SIXTY-SIX OF THE  GENERAL  CONSTRUCTION  LAW,  COUNTY
 SELF-INSURANCE  PLANS  ESTABLISHED  UNDER  ARTICLE FIVE OF THIS CHAPTER,
 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND CONSORTIA ESTABLISHED  BY
 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES MAY ADOPT A PLAN FOR SELF-IN-
 SURANCE,  AS A GROUP, FOR THE PAYMENT OF COMPENSATION UNDER THIS CHAPTER
 TO THEIR EMPLOYEES. SUCH A GROUP SHALL BE KNOWN AS A "PUBLIC GROUP SELF-
 INSURER". A COUNTY SELF-INSURANCE PLAN ESTABLISHED UNDER ARTICLE FIVE OF
 THIS CHAPTER IS NOT ITSELF A PUBLIC GROUP SELF-INSURER AND IS NOT ITSELF
 SUBJECT TO THE REQUIREMENTS OF THIS SECTION, BUT MAY JOIN A PUBLIC GROUP
 SELF-INSURER AND, IF IT DOES SO, SHALL ASSUME ALL OF THE OBLIGATIONS  OF
 ITS  PARTICIPANTS  TO  THE PUBLIC GROUP SELF-INSURER. AN ENTITY WHICH IS
 NOT A PUBLIC CORPORATION AS DEFINED IN SECTION SIXTY-SIX OF THE  GENERAL
 CONSTRUCTION LAW, A COUNTY SELF-INSURANCE PLAN ESTABLISHED UNDER ARTICLE
 FIVE  OF  THIS CHAPTER, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR A
 CONSORTIUM ESTABLISHED BY A BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES
 MAY  JOIN  A  PUBLIC  GROUP SELF-INSURER ONLY IF IT HAS THE AUTHORITY TO
 LEVY TAXES OR IS OTHERWISE DIRECTLY CAPABLE OF GENERATING REVENUE OR ITS
 OBLIGATIONS ARE GUARANTEED BY ANOTHER MEMBER  WHICH  IS  SUCH  A  PUBLIC
 CORPORATION.  A  PUBLIC  GROUP SELF-INSURER SHALL COMPLY WITH ALL OF THE
 REQUIREMENTS OF THIS SUBDIVISION, INCLUDING ANY OBLIGATIONS IMPOSED UPON
 A GROUP ADMINISTRATOR, BUT IS NOT REQUIRED TO SECURE THE SERVICES  OF  A
 GROUP ADMINISTRATOR OR OBTAIN A LICENSE AUTHORIZING IT TO ACT AS A GROUP
 SELF-INSURER  ADMINISTRATOR,  TO FURNISH SATISFACTORY   PROOF   TO   THE
 CHAIR OF ITS FINANCIAL ABILITY TO PAY COMPENSATION  FROM  ITS  REVENUES,
 THEIR   SOURCE   AND  ASSURANCE OF CONTINUANCE, TO PAY A LICENSE FEE, OR
 TO DEPOSIT SECURITIES, POST A BOND OR PROVIDE OTHER SECURITY, EXCEPT  AS
 SPECIFICALLY PROVIDED IN THIS SUBDIVISION.
   § 3. Subdivision 3-a of section 50 of the workers' compensation law is
 amended by adding a new paragraph 3-a to read as follows:
   (3-A)  IF  THE  CHAIR  DETERMINES THAT A PUBLIC GROUP SELF-INSURER HAS
 BECOME INSOLVENT, THE CHAIR SHALL PAY THE COMPENSATION AND BENEFITS THAT
 WOULD OTHERWISE HAVE BEEN REQUIRED TO BE PAID  BY  THE  MEMBERS  OF  THE
 PUBLIC  GROUP  SELF-INSURER  FROM ADMINISTRATION EXPENSES AS PROVIDED IN
 SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER UPON AUDIT AND WARRANT  OF
 THE  COMPTROLLER AND UPON VOUCHERS APPROVED BY THE CHAIR, WHICH PAYMENTS
 SHALL BE CONSIDERED EXPENSES OF ADMINISTRATION.  FOR  PURPOSES  OF  THIS
 PARAGRAPH,  A  PUBLIC GROUP SELF-INSURER  IS INSOLVENT WHEN THE VALUE OF
 THE PUBLIC GROUP SELF-INSURER'S ASSETS IS LESS THAN THE TOTAL  COSTS  OF
 THE  WORKERS' COMPENSATION LIABILITIES THAT IT IS ANTICIPATED THE PUBLIC
 GROUP SELF-INSURER WILL BE REQUIRED TO PAY  WITHIN  THE  SUCCEEDING  SIX
 MONTHS  OR  THAT  THE COMPENSATION AND BENEFITS PROVIDED BY THIS CHAPTER
 MAY BE UNPAID BY REASON OF THE DEFAULT OF A PUBLIC  GROUP  SELF-INSURER.
 UPON  THE  INSOLVENCY  OF A PUBLIC GROUP SELF-INSURER, EACH MEMBER SHALL
 ASSUME RESPONSIBILITY FOR THE CONTINUED ADMINISTRATION  AND  PAYMENT  OF
 ALL  CLAIMS  AGAINST IT, PROVIDED HOWEVER THAT THE PUBLIC GROUP SELF-IN-
 A. 52--A                            3
 
 SURER SHALL, WITHIN THIRTY DAYS, TURN ITS ASSETS OVER TO THE  CHAIR  AND
 THE  CHAIR SHALL ASSUME THE ADMINISTRATION AND COST OF THE CLAIMS OF THE
 PUBLIC GROUP SELF-INSURER FOR A PERIOD NOT TO EXCEED  ONE  YEAR.  DURING
 THE  PERIOD OF CHAIR ADMINISTRATION OF CLAIMS, EACH MEMBER OF THE PUBLIC
 GROUP SELF-INSURER SHALL SECURE THE SERVICES OF A LICENSED CLAIMS ADMIN-
 ISTRATOR AND THE CHAIR SHALL SEGREGATE THE  CLAIMS  OBLIGATIONS  OF  THE
 INSOLVENT  PUBLIC GROUP SELF-INSURER BY MEMBER, AND, IF NECESSARY SEGRE-
 GATE AN ADEQUATE CLAIM RESERVE FOR ANY CLAIMS OF  DEFUNCT  OR  INSOLVENT
 MEMBERS  OF  THE INSOLVENT PUBLIC GROUP SELF-INSURER. NOT LATER THAN ONE
 YEAR FROM THE ASSUMPTION OF THE ADMINISTRATION  OF  THE  CLAIMS  OF  THE
 PUBLIC  GROUP  SELF-INSURER,  EACH  MEMBER OF THE INSOLVENT PUBLIC GROUP
 SELF-INSURER SHALL RESUME ADMINISTRATION OF ITS OWN CLAIMS AND THE CHAIR
 SHALL RETURN TO EACH MEMBER WHATEVER PRO RATA SHARE OF THE PUBLIC  GROUP
 SELF-INSURER'S  ASSETS  REMAIN AFTER THE PERIOD OF CHAIR ADMINISTRATION.
 THE CHAIR SHALL BE REIMBURSED FOR ANY PAYMENT MADE UNDER THIS  PARAGRAPH
 BY  THE  PUBLIC GROUP SELF-INSURER ITSELF AND, IF THE PUBLIC GROUP SELF-
 INSURER IS UNABLE TO REIMBURSE THE CHAIR FULLY FOR PAYMENTS MADE BY  THE
 CHAIR, THEN BY THE MEMBER OF THE PUBLIC GROUP SELF-INSURER AGAINST WHICH
 THE  CLAIM IS ASSERTED. FURTHER, NOTHING HEREIN SHALL PRECLUDE THE CHAIR
 FROM DIRECTING THAT AN UNDERFUNDED PUBLIC  GROUP  SELF-INSURER  LEVY  AN
 ASSESSMENT  ON  ITS MEMBERS AS PART OF A PLAN FOR ACHIEVING FULLY FUNDED
 STATUS WHICH MAY INCLUDE A DEFICIT ASSESSMENT ON MEMBERS OF  SUCH  GROUP
 SELF-INSURER  WHICH  SHALL BE SUBJECT TO APPROVAL OR MODIFICATION BY THE
 CHAIR. NO MEMBER SHALL BE LIABLE FOR ANY OBLIGATIONS OF THE PUBLIC GROUP
 SELF-INSURER OR ANY OBLIGATIONS OF ANY MEMBER OF THE PUBLIC GROUP  SELF-
 INSURER.  THE CHAIR SHALL REQUIRE ANY MEMBER THAT HAS PENDING CLAIMS BUT
 HAS FAILED TO SECURE THE SERVICES OF A LICENSED CLAIMS ADMINISTRATOR  TO
 RESUME ADMINISTRATION OF THE CLAIMS TO PAY TO THE CHAIR ANY EXPENSES THE
 CHAIR INCURS IN ADMINISTERING AND PAYING THOSE CLAIMS.
   §  4.  Paragraph  (g) of subdivision 3-e of section 50 of the workers'
 compensation law, as added by chapter  729  of  the  laws  of  1993,  is
 amended and a new paragraph (h) is added to read as follows:
   (g)  The  state  insurance fund[,] AND any other insurer [or any group
 self-insurer  for  municipal  corporations  as  defined  in  subdivision
 three-a  of  this  section] may, at its option, offer a deductible in an
 amount specified in paragraph (c) of this subdivision to any policyhold-
 er who is not otherwise eligible for a deductible  under  this  subdivi-
 sion.  A  PUBLIC GROUP SELF-INSURER MAY OFFER A DEDUCTIBLE IN ACCORDANCE
 WITH PARAGRAPH (H) OF THIS SUBDIVISION.
   (H) A PUBLIC GROUP SELF-INSURER  WHICH  HAS  BEEN  PROVIDING  WORKERS'
 COMPENSATION  AND  EMPLOYERS'  LIABILITY COVERAGE FOR NOT LESS THAN FIVE
 YEARS AND IS OPERATED AS A SELF-ADMINISTERED NOT-FOR-PROFIT  CORPORATION
 GOVERNED BY A BOARD NOT LESS THAN TWO-THIRDS OF THE MEMBERS OF WHICH ARE
 REPRESENTATIVES  OF MEMBERS OF THE PUBLIC GROUP SELF-INSURER, AND ALL OF
 THE OFFICERS OF WHICH ARE REPRESENTATIVES OF MEMBERS OF THE PUBLIC GROUP
 SELF-INSURER MAY, UPON A DETERMINATION BY THE CHAIR THAT THE METHODOLOGY
 USED BY THE PUBLIC GROUP SELF-INSURER IN CREATING ITS DEDUCTIBLE  RATING
 PLAN  IS  SUPPORTED BY AN ACTUARIAL ANALYSIS PREPARED BY AN INDEPENDENT,
 QUALIFIED ACTUARY WHO IS A MEMBER OF THE CASUALTY ACTUARIAL SOCIETY THAT
 CLEARLY IDENTIFIES THE ACTUARY'S RATE ASSUMPTIONS, AND SUBJECT TO UNDER-
 WRITING BY THE PUBLIC GROUP SELF-INSURER, OFFER AS PART OF THE POLICY OR
 BY ENDORSEMENT, DEDUCTIBLES OPTIONAL TO THE MEMBER, NOT SUBJECT  TO  THE
 FOREGOING MONETARY LIMITS, CONSISTENT WITH THE FOLLOWING:
   (1)  CLAIMANTS' RIGHTS ARE PROPERLY PROTECTED, AND CLAIMANTS' BENEFITS
 ARE PAID WITHOUT REGARD TO ANY SUCH DEDUCTIBLE;
 A. 52--A                            4
 
   (2) APPROPRIATE PREMIUM REDUCTIONS REFLECT THE TYPE AND LEVEL  OF  ANY
 DEDUCTIBLE APPROVED BY THE CHAIR AND SELECTED BY THE MEMBER;
   (3)  PREMIUM REDUCTIONS FOR DEDUCTIBLES ARE DETERMINED BEFORE APPLICA-
 TION OF ANY  EXPERIENCE  MODIFICATION,  PREMIUM  SURCHARGE,  OR  PREMIUM
 DISCOUNT;
   (4)  RECOGNITION IS GIVEN TO MEMBER'S CHARACTERISTICS, INCLUDING SIZE,
 FINANCIAL CAPABILITIES, NATURE OF ACTIVITIES, AND NUMBER OF EMPLOYEES;
   (5) IF THE MEMBER SELECTS A DEDUCTIBLE, THE MEMBER IS  LIABLE  TO  THE
 PUBLIC  GROUP  SELF-INSURER FOR THE DEDUCTIBLE AMOUNT IN REGARD TO BENE-
 FITS PAID FOR COMPENSABLE CLAIMS;
   (6) THE PUBLIC GROUP SELF-INSURER PAYS ALL OF THE  DEDUCTIBLE  AMOUNT,
 APPLICABLE TO A COMPENSABLE CLAIM, TO THE PERSON OR PROVIDER ENTITLED TO
 BENEFITS AND THEN SEEKS REIMBURSEMENT FROM THE MEMBER FOR THE APPLICABLE
 DEDUCTIBLE AMOUNT;
   (7)  A  FAILURE  BY  THE MEMBER TO REIMBURSE DEDUCTIBLE AMOUNTS TO THE
 PUBLIC GROUP SELF-INSURER IS TREATED IN THE SAME MANNER AS NONPAYMENT OF
 THE MEMBER'S CONTRIBUTION;
   (8) THE PUBLIC GROUP SELF-INSURER SHALL BE FULLY-FUNDED AS DEFINED  IN
 SUBPARAGRAPH (B) OF PARAGRAPH TWO OF SUBDIVISION THREE-A OF THIS SECTION
 AND IF, AFTER OFFERING DEDUCTIBLE POLICIES, THE PUBLIC GROUP SELF-INSUR-
 ER CEASES TO BE FULLY FUNDED AS SO DEFINED, THE PUBLIC GROUP SELF-INSUR-
 ER  MAY  NOT  PERMIT ANY NEW MEMBER TO ELECT THE DEDUCTIBLE OPTION UNTIL
 THE PUBLIC GROUP SELF-INSURER BECOMES FULLY FUNDED;
   (9) THE PUBLIC GROUP SELF-INSURER MAY  ADD  NO  MORE  THAN  SEVEN  NEW
 DEDUCTIBLE MEMBERS IN ANY ONE CONTRIBUTION YEAR;
   (10)  THE  AGGREGATE  CONTRIBUTIONS  FOR ALL NEW MEMBERS SELECTING THE
 DEDUCTIBLE OPTION IN ANY ONE YEAR MAY NOT  EXCEED  TEN  PERCENT  OF  THE
 TOTAL  CONTRIBUTIONS  OF  ALL OF THE PUBLIC GROUP SELF-INSURER'S MEMBERS
 FOR THE IMMEDIATELY PRIOR YEAR;
   (11) IF THE MEMBER WAS SELF-INSURED PRIOR TO JOINING THE PUBLIC  GROUP
 SELF-INSURER,  THE  MEMBER'S DEDUCTIBLE AMOUNT DURING THE MEMBER'S FIRST
 YEAR OF MEMBERSHIP IN THE PUBLIC GROUP SELF-INSURER MAY NOT  EXCEED  THE
 AMOUNT  OF  THE  MEMBER'S REINSURANCE RETENTION LEVEL IMMEDIATELY BEFORE
 JOINING THE PUBLIC GROUP SELF-INSURER;
   (12) EACH MEMBER WHICH HAS ELECTED THE DEDUCTIBLE  OPTION  SHALL:  (I)
 MAINTAIN IN A DEDICATED ACCOUNT HELD BY THE PUBLIC GROUP SELF-INSURER AN
 AMOUNT  ACTUARIALLY  DETERMINED  TO  BE SUFFICIENT TO PAY THE PORTION OF
 EACH COMPENSATION CLAIM THAT IS WITHIN THE  DEDUCTIBLE  AMOUNT  FOR  THE
 SUCCEEDING  THREE MONTHS; AND (II) MAINTAIN IN ITS OWN DEDICATED RESERVE
 ACCOUNT OR IN ITS OWN UNDESIGNATED FUND BALANCE, THE  ACTUARIALLY-DETER-
 MINED  AMOUNT  THAT  THE  MEMBER  WILL BE REQUIRED TO PAY FOR ALL OF THE
 MEMBER'S CLAIMS BELOW THE DEDUCTIBLE AMOUNT; AND
   (13) THE PUBLIC GROUP SELF-INSURER SHALL PROVIDE TO ALL MEMBERS OF THE
 PUBLIC GROUP SELF-INSURER AN ANNUAL STATEMENT IDENTIFYING  THE  CONTRIB-
 UTIONS  PROVIDED  BY  AND THE RESERVES ATTRIBUTABLE TO THE MEMBERS WHICH
 HAVE ELECTED A DEDUCTIBLE AND MUST PROVIDE TO EACH MEMBER OF THE  PUBLIC
 GROUP  SELF-INSURER  WHICH  HAS  ELECTED THE DEDUCTIBLE OPTION AN ANNUAL
 ACTUARIAL ANALYSIS OF THE MEMBER'S OPEN CLAIMS, STATING THE AMOUNTS  THE
 PUBLIC  GROUP  SELF-INSURER ANTICIPATES THAT THE MEMBER WILL BE REQUIRED
 TO PAY FOR THE LIFE OF EACH CLAIM.
   § 5. Section 70 of the workers' compensation law, as added by  chapter
 849 of the laws of 1955, is amended to read as follows:
   §  70.  Excess  or  catastrophe insurance; PUBLIC GROUP SELF-INSURANCE
 PLANS.  1. The committee or administrator, subject to  the  approval  of
 the  board  of supervisors, may on behalf of the plan purchase excess or
 A. 52--A                            5
 
 catastrophe insurance. The cost of such insurance shall be  an  adminis-
 trative expense of the plan.
   2.  THE  COMMITTEE  OR  ADMINISTRATOR,  SUBJECT TO THE APPROVAL OF THE
 BOARD OF SUPERVISORS, MAY ON BEHALF OF THE  PLAN  JOIN  A  PUBLIC  GROUP
 SELF-INSURER  ESTABLISHED  UNDER SUBDIVISION THREE-A OF SECTION FIFTY OF
 THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,  WHEN
 THE COMMITTEE OR ADMINISTRATOR CONTRACTS ON BEHALF OF THE PLAN TO JOIN A
 PUBLIC GROUP SELF-INSURER:
   A.  THE  PUBLIC  GROUP  SELF-INSURER,  THE COUNTY AND EACH PARTICIPANT
 SHALL REMAIN LIABLE IN THE MANNER PROVIDED IN THE PLAN FOR  CLAIMS  MADE
 PRIOR TO THE DATE ON WHICH THE PLAN JOINS THE PUBLIC GROUP SELF-INSURER;
 AND
   B.  THE  COMMITTEE  OR  ADMINISTRATOR SHALL ESTABLISH, BEFORE THE PLAN
 JOINS THE PUBLIC GROUP SELF-INSURER, A  METHOD,  WHICH  MAY  BE  AMENDED
 ANNUALLY THEREAFTER, BY WHICH TO APPORTION AMONG THE PARTICIPANTS IN THE
 PLAN THE COST OF ITS MEMBERSHIP IN THE PUBLIC GROUP SELF-INSURER AND ALL
 CLAIMS  MADE  AFTER  THE  DATE  ON WHICH THE PLAN JOINS THE PUBLIC GROUP
 SELF-INSURER, AND EACH PARTICIPANT IN THE PLAN SHALL PAY ITS  RESPECTIVE
 SHARE  OF  THE  COST  TO  THE COUNTY TREASURER, WHO SHALL PAY THE PUBLIC
 GROUP SELF-INSURER ON BEHALF OF ALL PLAN PARTICIPANTS.
   § 6. Subdivision 9 of section 30 of the volunteer firefighters'  bene-
 fit  law,  as  amended  by chapter 61 of the laws of 1989, is amended to
 read as follows:
   9. Insurance authorized to be purchased pursuant to subdivision  eight
 of  this  section may be secured from the state fund or any stock corpo-
 ration, mutual corporation or reciprocal insurer authorized to  transact
 the  business  of workers' compensation in this state. If such insurance
 is not secured, the political subdivision liable shall be deemed to have
 elected to be a self-insurer unless it is a participant in a county plan
 of self-insurance or its liability for benefits under  this  chapter  is
 covered  by a town's participation in a county plan of self-insurance as
 provided in subdivision three of section  sixty-three  of  the  workers'
 compensation  law  OR  IS A PARTICIPANT IN A PUBLIC GROUP SELF-INSURANCE
 PLAN ESTABLISHED UNDER SUBDIVISION THREE-A OF SECTION FIFTY OF THE WORK-
 ERS' COMPENSATION LAW. Every such self-insurer shall file with the chair
 of the workers' compensation board a notice of such election  prescribed
 in  form  by such chair. For failure to file such notice within ten days
 after such election is made, the treasurer or other  fiscal  officer  of
 such  political  subdivision  shall be liable to pay to the chair of the
 workers' compensation board the sum of one hundred dollars as a penalty,
 to be transferred to the state treasury. A notice of election  to  be  a
 self-insurer  for  compensation  and  benefits to volunteer firefighters
 under the provisions of the workers' compensation law  and  the  general
 municipal  law  in  effect prior to March first, nineteen hundred fifty-
 seven, which was filed prior to such date pursuant to the provisions  of
 subdivision four of section fifty of the workers' compensation law as in
 effect  prior  to  such  date shall be deemed to be a notice of election
 filed under this section unless the chair of the  workers'  compensation
 board  is  notified to the contrary.  The provisions of subdivision five
 of section fifty of the workers' compensation law shall be applicable to
 such self-insurers.
   § 7. Subdivision 8 of section 30 of the volunteer  ambulance  workers'
 benefit law, as amended by chapter 61 of the laws of 1989, is amended to
 read as follows:
   8.  Insurance authorized to be purchased pursuant to subdivision seven
 of this section may be secured from the state fund or any  stock  corpo-
 A. 52--A                            6
 
 ration,  mutual  corporation,  group self-insurers or reciprocal insurer
 authorized to transact the business of  workers'  compensation  in  this
 state.    If  such  insurance  is not secured, the political subdivision
 liable shall be deemed to have elected to be a self-insurer unless it is
 a  participant  in  a county plan of self-insurance or its liability for
 benefits under this chapter is covered by a town's  participation  in  a
 county plan of self-insurance as provided in subdivision nine of section
 sixty-three  of  the  workers' compensation law OR IS A PARTICIPANT IN A
 PUBLIC GROUP SELF-INSURANCE PLAN ESTABLISHED UNDER  SUBDIVISION  THREE-A
 OF  SECTION  FIFTY OF THE WORKERS' COMPENSATION LAW. Every such self-in-
 surer shall file with the chair of the  workers'  compensation  board  a
 notice of such election prescribed in form by such chair. For failure to
 file such notice within ten days after such election is made, the treas-
 urer  or  other  fiscal  officer  of such political subdivision shall be
 liable to pay to the chair of the workers' compensation board the sum of
 one hundred dollars as a penalty, to be transferred to the state  treas-
 ury.  A  notice  of  election  to be a self-insurer for compensation and
 benefits to volunteer ambulance workers  under  the  provisions  of  the
 workers'  compensation law and the general municipal law in effect prior
 to March first, in the year of enactment  of  this  chapter,  which  was
 filed  prior to such date pursuant to the provisions of subdivision four
 of section fifty of the workers' compensation law as in effect prior  to
 such  date  shall  be deemed to be a notice of election filed under this
 section unless the chair of the workers' compensation board is  notified
 to  the contrary. The provisions of subdivision five of section fifty of
 the workers' compensation law shall be applicable to such self-insurers.
   § 8. Paragraph b of subdivision 2 of  section  119-o  of  the  general
 municipal law, as amended by chapter 681 of the laws of 1961, is amended
 to read as follows:
   b.  The  manner  of employing, engaging, compensating, transferring or
 discharging necessary personnel, subject, however, to the provisions  of
 the  civil  service  law  where  applicable;  the  making  of employer's
 contributions for retirement, social security, health insurance,  [work-
 men's]  WORKERS' compensation, VOLUNTEER FIREFIGHTER AND VOLUNTEER AMBU-
 LANCE WORKER BENEFITS, INCLUDING PARTICIPATION IN A PUBLIC  GROUP  SELF-
 INSURER,  and  other  similar  benefits;  the approval of attendances at
 conventions, conferences  and  schools  for  public  officials  and  the
 approval  and  payment  of  travel  and  other  expenses incurred in the
 performance of official duties; the bonding of designated  officers  and
 employees;  the  filing  of  oaths of office and resignations consistent
 with general laws  applicable  thereto;  provisions  that  for  specific
 purposes  designated  officers  or  employees  of the joint service or a
 joint water, sewage or drainage project shall be deemed those of a spec-
 ified participating corporation or district; and provisions that person-
 nel assigned to a joint service or a joint  water,  sewage  or  drainage
 project shall possess the same powers, duties, immunities and privileges
 they would ordinarily possess (1) if they performed their duties only in
 the  corporation  or  district by which they are employed or (2) if they
 were employed by the corporation or district in which they are  required
 to perform their duties.
   § 9. This act shall take effect immediately.