N.Y. Executive Law § 160-ii: Securing of compensation

§ 160-ii. Securing of compensation. 1. Within two hundred ten days of

the effective date of this article, the fund shall secure the payment of

workers' compensation to all black car operators entitled thereto

pursuant to this chapter by either: (a) self-insuring in accordance with

subdivision three of section fifty of the workers' compensation law and

the rules promulgated by the board pursuant to such section or (b)

purchasing workers' compensation insurance covering, on a blanket basis,

all black car operators who are the fund's employees pursuant to section

two of the workers' compensation law.

2. If the fund initially seeks to apply to the board for authorization

to self-insure pursuant to subdivision three of section fifty of the

workers' compensation law, it shall submit its application and

accompanying proof to the board within one hundred fifty days of the

effective date of this article. The board shall notify the fund and the

secretary in writing of any change in the fund's status as a

self-insurer or of any additional requirements that the board may deem

necessary for continuation of such status.

3. If the fund chooses to secure the payment of workers' compensation

pursuant to the workers' compensation law by purchasing an insurance

policy from the state insurance fund or a, licensed insurer, it shall

file with the department no later than thirty days after the

commencement of a new policy year a copy of the policy it has purchased.

In such case, the department shall be treated by the insurer as a

certificate holder for purposes of receiving notice of cancellation of

the policy.

4. No provision of this article shall be construed to alter or affect

the liability under the workers' compensation law of any central

dispatch facility with respect to black car operators prior to the fund

liability date.

* 5. The fund shall have the authority to provide additional health

benefits, consistent with its plan of operation, for all black car

operators entitled thereto pursuant to this chapter, provided that the

fund shall have complied with all applicable statutory and regulatory

requirements. The surcharge amount not related to payments of workers'

compensation claims and the administration of those claims shall be up

to one-half of one percent (0.5%).

* NB Repealed December 20, 2028