N.Y. Volunteer Firefighters' Benefit Law § 32: Group insurance

§ 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.