Legislation
SECTION 32
Group insurance
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 3
§ 32. Group insurance. 1. Notwithstanding any provision of section
thirty of this chapter, any town may contract for a single policy of
insurance indemnifying (1) all fire protection districts and fire alarm
districts wholly within such town which are liable for the payment of
benefits under this chapter, (2) all territory within such town outside
cities, villages, fire districts, fire protection districts and fire
alarm districts which is liable for the payment of benefits under this
chapter, and (3) the town in relation to such fire protection districts,
fire alarm districts and outside territory, against liability imposed by
this chapter. If a town has any such liability and contracts for such a
single policy, then and in that event only any such policy, if requested
by the board of trustees of any village wholly within the town, or by
the board of fire commissioners of any fire district wholly within the
town, shall also indemnify such village or fire district against such
liability. The cost of such insurance shall be a town charge and shall
be levied and collected in the same manner as other town charges only in
the territory of such town which is liable for the payment of benefits
under this chapter and which is outside of any village and fire
districts not covered by such a policy. Nothing in this section
contained shall impose any additional liability on any town for any
benefit payments in relation to volunteer firefighters.
2. Notwithstanding any other provision of section thirty of this
chapter, any group of cities, villages, fire districts or town boards
acting for and on behalf of fire protection districts, fire alarm
districts or territories outside any such municipal corporations or
districts which are liable for the payment of benefits under this
chapter, all of which cities, villages, districts and territories are
located in whole or in part within one county, may elect by resolution
of the governing board of each member of the group to be insured against
liability imposed by this chapter, as a group under a single policy.
Such resolutions shall be filed with the chairman of the board of
supervisors. The group shall file with the chairman of the board of
supervisors an agreement, signed by the officer of the governing body
designated by such resolution, agreeing to the effective date of such
policy and to the population of each such city, village, fire district,
fire protection district, fire alarm district and such territory outside
any such municipal corporation or district, and, if any such fire
protection district or fire alarm district lies wholly or partly within
two or more towns, the population of the district within each such town.
The population shall be that which is shown by the latest federal
census, or, if not shown by such census, then as estimated. The estimate
used for any village, district or other area in a town plus the
estimated or actual population of all other villages, districts and
areas in such town shall not exceed the population of such town as shown
by the latest federal census. It shall be the duty of the chairman of
the board of supervisors of the county, upon the filing of such
resolutions and agreement, promptly to contract for insurance
indemnifying against the liability imposed by this chapter in the manner
provided in section thirty of this chapter. Except by mutual consent of
the participating members, a member may withdraw from such a group only
upon the anniversary date of the policy, and then only upon thirty days'
notice of withdrawal by mail to the chairman of the board of
supervisors. The cost of such insurance shall be apportioned by the
clerk of the board of supervisors of the county to each such city,
village, fire district, fire protection district, fire alarm district,
and such territory outside such municipal corporations and districts, in
the proportion that the agreed population bears to the entire population
of the group. Refunds, dividends and discounts in relation to such
insurance shall be distributed or credited according to the same
apportionment. Upon notification by the clerk of the board of
supervisors, the chief fiscal officer of each such city, village or fire
district shall pay to the county treasurer, from moneys available or
made available, the amount apportioned to such city, village or
district. Upon like notification, the supervisor of each town in which
such a fire protection district or fire alarm district is located in
whole or in part, or in which such outside territory is located, shall
pay to the county treasurer the amount apportioned for such district, in
whole or in part, or territory, as the case may be, using moneys raised
or made available for the purposes of fire protection in such district
or outside territory, or if there be no such moneys or insufficient
moneys, using funds of the town available or made available, which funds
shall be a charge upon such district or territory for which the town
shall be reimbursed. The county treasurer shall pay the cost of such
insurance with such moneys, or if any apportioned share has not been
paid, the county treasurer shall advance the amount necessary from
moneys of the general fund upon resolution of the board of supervisors.
Any such advance shall be repaid as soon as moneys are available
therefor. If any apportioned share remains unpaid, the county may
recover the same by action at law. If any member of the group shall fail
to pay its apportioned share within thirty days after notice that such
amount has become due and payable, the chairman of the board of
supervisors may terminate the participation of such member in the group
by notice by mail to such member on a date specified in the notice, and
a copy of such notice shall be filed by the chairman of the board of
supervisors with the insurance carrier, who shall notify the chairman of
the workmen's compensation board of the termination of coverage in the
same manner as provided for cancellation of policy under subdivision
five of section fifty-four of the workmen's compensation law. If any
village or fire district is located in two or more counties, it may
elect to join such a group in one of such counties. If any fire
protection district or fire alarm district includes territory in more
than one county, it shall become a participant only if all the town
boards acting for and on behalf of such district shall have elected that
such district shall become a participant in such a group, and in such
case such town boards shall elect as to which county group it shall
join. If any participating fire protection district or fire alarm
district includes territory in more than one town, whether or not in
more than one county, the amount of cost of insurance, refund, dividend
or discount apportioned to such district shall be apportioned in the
proportion that the population of the district within each such town
bears to the population of the entire district. The figure used for
population in such case shall be the one stated in the agreement. If the
boundaries of any city, village, fire district, fire protection
district, fire alarm district or such outside territory in the group
shall be changed during the effective period of any such insurance
policy, or if there are changes in the membership of the group, the
agreement heretofore mentioned concerning population shall be
appropriately amended by a supplementary agreement to be executed and
filed in the same manner as the original agreement, in which case the
coverage of the policy and the apportionment of the cost thereof shall
be changed accordingly.
3. Each policy issued pursuant to subdivisions one and two of this
section shall identify clearly each city, town, village, fire district,
fire protection district, fire alarm district and outside territory
covered thereby.
thirty of this chapter, any town may contract for a single policy of
insurance indemnifying (1) all fire protection districts and fire alarm
districts wholly within such town which are liable for the payment of
benefits under this chapter, (2) all territory within such town outside
cities, villages, fire districts, fire protection districts and fire
alarm districts which is liable for the payment of benefits under this
chapter, and (3) the town in relation to such fire protection districts,
fire alarm districts and outside territory, against liability imposed by
this chapter. If a town has any such liability and contracts for such a
single policy, then and in that event only any such policy, if requested
by the board of trustees of any village wholly within the town, or by
the board of fire commissioners of any fire district wholly within the
town, shall also indemnify such village or fire district against such
liability. The cost of such insurance shall be a town charge and shall
be levied and collected in the same manner as other town charges only in
the territory of such town which is liable for the payment of benefits
under this chapter and which is outside of any village and fire
districts not covered by such a policy. Nothing in this section
contained shall impose any additional liability on any town for any
benefit payments in relation to volunteer firefighters.
2. Notwithstanding any other provision of section thirty of this
chapter, any group of cities, villages, fire districts or town boards
acting for and on behalf of fire protection districts, fire alarm
districts or territories outside any such municipal corporations or
districts which are liable for the payment of benefits under this
chapter, all of which cities, villages, districts and territories are
located in whole or in part within one county, may elect by resolution
of the governing board of each member of the group to be insured against
liability imposed by this chapter, as a group under a single policy.
Such resolutions shall be filed with the chairman of the board of
supervisors. The group shall file with the chairman of the board of
supervisors an agreement, signed by the officer of the governing body
designated by such resolution, agreeing to the effective date of such
policy and to the population of each such city, village, fire district,
fire protection district, fire alarm district and such territory outside
any such municipal corporation or district, and, if any such fire
protection district or fire alarm district lies wholly or partly within
two or more towns, the population of the district within each such town.
The population shall be that which is shown by the latest federal
census, or, if not shown by such census, then as estimated. The estimate
used for any village, district or other area in a town plus the
estimated or actual population of all other villages, districts and
areas in such town shall not exceed the population of such town as shown
by the latest federal census. It shall be the duty of the chairman of
the board of supervisors of the county, upon the filing of such
resolutions and agreement, promptly to contract for insurance
indemnifying against the liability imposed by this chapter in the manner
provided in section thirty of this chapter. Except by mutual consent of
the participating members, a member may withdraw from such a group only
upon the anniversary date of the policy, and then only upon thirty days'
notice of withdrawal by mail to the chairman of the board of
supervisors. The cost of such insurance shall be apportioned by the
clerk of the board of supervisors of the county to each such city,
village, fire district, fire protection district, fire alarm district,
and such territory outside such municipal corporations and districts, in
the proportion that the agreed population bears to the entire population
of the group. Refunds, dividends and discounts in relation to such
insurance shall be distributed or credited according to the same
apportionment. Upon notification by the clerk of the board of
supervisors, the chief fiscal officer of each such city, village or fire
district shall pay to the county treasurer, from moneys available or
made available, the amount apportioned to such city, village or
district. Upon like notification, the supervisor of each town in which
such a fire protection district or fire alarm district is located in
whole or in part, or in which such outside territory is located, shall
pay to the county treasurer the amount apportioned for such district, in
whole or in part, or territory, as the case may be, using moneys raised
or made available for the purposes of fire protection in such district
or outside territory, or if there be no such moneys or insufficient
moneys, using funds of the town available or made available, which funds
shall be a charge upon such district or territory for which the town
shall be reimbursed. The county treasurer shall pay the cost of such
insurance with such moneys, or if any apportioned share has not been
paid, the county treasurer shall advance the amount necessary from
moneys of the general fund upon resolution of the board of supervisors.
Any such advance shall be repaid as soon as moneys are available
therefor. If any apportioned share remains unpaid, the county may
recover the same by action at law. If any member of the group shall fail
to pay its apportioned share within thirty days after notice that such
amount has become due and payable, the chairman of the board of
supervisors may terminate the participation of such member in the group
by notice by mail to such member on a date specified in the notice, and
a copy of such notice shall be filed by the chairman of the board of
supervisors with the insurance carrier, who shall notify the chairman of
the workmen's compensation board of the termination of coverage in the
same manner as provided for cancellation of policy under subdivision
five of section fifty-four of the workmen's compensation law. If any
village or fire district is located in two or more counties, it may
elect to join such a group in one of such counties. If any fire
protection district or fire alarm district includes territory in more
than one county, it shall become a participant only if all the town
boards acting for and on behalf of such district shall have elected that
such district shall become a participant in such a group, and in such
case such town boards shall elect as to which county group it shall
join. If any participating fire protection district or fire alarm
district includes territory in more than one town, whether or not in
more than one county, the amount of cost of insurance, refund, dividend
or discount apportioned to such district shall be apportioned in the
proportion that the population of the district within each such town
bears to the population of the entire district. The figure used for
population in such case shall be the one stated in the agreement. If the
boundaries of any city, village, fire district, fire protection
district, fire alarm district or such outside territory in the group
shall be changed during the effective period of any such insurance
policy, or if there are changes in the membership of the group, the
agreement heretofore mentioned concerning population shall be
appropriately amended by a supplementary agreement to be executed and
filed in the same manner as the original agreement, in which case the
coverage of the policy and the apportionment of the cost thereof shall
be changed accordingly.
3. Each policy issued pursuant to subdivisions one and two of this
section shall identify clearly each city, town, village, fire district,
fire protection district, fire alarm district and outside territory
covered thereby.