N.Y. Workers' Compensation Law § 211: Provision for payment of benefits

§ 211. Provision for payment of benefits. A covered employer shall,

with his or her own contributions and the contributions of his

employees, provide disability and after January first, two thousand

eighteen, family leave benefits to his or her employees in one or more

of the following ways:

1. by insuring and keeping insured the payment of such benefits in the

state fund, or

2. by insuring and keeping insured the payment of such benefits with

any stock or mutual corporation or reciprocal insurer authorized to

transact the business of accident and health insurance in this state, or

3. by furnishing satisfactory proof to the chair of the employers

financial ability to pay such benefits, in which case the chair shall

require the deposit of such securities as the chair may deem necessary

consistent with the provisions of subdivision three of section fifty of

this chapter. An association of employers or employees authorized to pay

benefits under this article or the trustee or trustees paying benefits

under a plan or agreement authorized under subdivisions four and five of

this section, may with the approval of the chair furnish such proof and

otherwise comply with the provisions of this section to provide

disability and family leave benefits to employees under such plan or

agreement.

4. by a plan in existence on the effective date of this article. If on

the effective date of this article the employees of a covered employer

or any class or classes of such employees are entitled to receive

disability and family leave benefits under a plan or agreement which

remains in effect on July first, nineteen hundred fifty, the employer,

subject to the requirements of this section, shall be relieved of

responsibility for making provision for benefit payments required under

this article until the earliest date, determined by the chair for the

purposes of this article, upon which the employer shall have the right

to discontinue the provisions thereof or to discontinue his

contributions towards the cost. Any such plan or agreement may be

extended, with or without modification, by agreement or collective

bargaining between an employer or employers or association of employers

and an association of employees, in which event the period for which the

employer is relieved of such responsibility shall include such period of

extension. Any other plan or agreement in existence on the effective

date of this article which the employer may, by his or her sole act,

terminate at any time, or with respect to which he or she is not

obligated to continue for any period to make contributions, may be

accepted by the chair as satisfying the obligation to provide for the

payment of benefits under this article if such plan or agreement

provides benefits at least as favorable as the disability and family

leave benefits provided by this article and does not require

contributions of any employee or of any class or classes of employees in

excess of the statutory amount provided in subdivision three of section

two hundred nine of this article, subdivision three, except by agreement

and provided the contribution is reasonably related to the value of the

benefits as determined by the chair. The chair may require that the

employer shall enter into an agreement in writing with the chair that he

or she will pay the assessments set forth in sections two hundred

fourteen and two hundred twenty-eight and that until he or she shall

have filed written notice with the chair of his or her election to

terminate such plan or agreement or to discontinue making necessary

contributions to its cost, he or she will continue to provide for the

payment of the disability and family leave benefits under such plan or

agreement.

During any period in which any plan or agreement or extension thereof

authorized under this subdivision provides for payment of benefits under

this article, the responsibility of the employer and the obligations and

benefits of the employees shall be as provided in said plan or agreement

rather than as provided under this article, other than the benefits

provided in section two hundred seven, and provided the employer or

carrier has agreed to pay the assessments described in sections two

hundred fourteen and two hundred twenty-eight.

Any such plan or agreement may be extended with or without

modification, provided the benefits under such plan or agreement, as

extended or modified, shall be found by the chair to be at least as

favorable as the benefits provided by this article.

5. by a new plan or agreement. After the effective date of this

article, a new plan or agreement with a carrier may be accepted by the

chair as satisfying the obligation to provide for the payment of

benefits under this article if such plan or agreement shall provide

benefits at least as favorable as the disability and family leave

benefits provided by this article and does not require contributions of

any employee or of any class or classes of employees in excess of the

statutory amount provided in section two hundred nine, subdivision

three, except by agreement and provided the contribution is reasonably

related to the value of the benefits as determined by the chair. Any

such plan or agreement shall continue until written notice filed with

the chair of intention to terminate such plan or agreement, and any

modification of such plan or agreement shall be subject to the written

approval of the chair.

During any period in which any plan or agreement or extension thereof

authorized under this subdivision provides for payment of benefits under

this article, the responsibility of the employer and the obligations and

benefits of the employees shall be as provided in said plan or agreement

rather than as provided under this article, other than the benefits

provided in section two hundred seven, and provided the employer or

carrier has agreed to pay the assessments described in sections two

hundred fourteen and two hundred twenty-eight.

6. if any plan or agreement authorized under subdivisions four and

five of this section covers less than all of the employees of a covered

employer, the provisions of this article shall apply with respect to his

remaining employees not covered under such plan or agreement.

7. Premiums for policies providing disability or family leave benefits

in accordance with this article shall be calculated in accordance with

applicable provisions of the insurance law, including subsection (n) of

section four thousand two hundred and thirty-five of such law.

8. An employer providing disability benefits coverage pursuant to

subdivision three of this section may obtain coverage for family leave

benefits separately pursuant to subdivision one or subdivision two of

this section.

The chairman may make reasonable regulations for the filing under

subdivisions four and five of this section of plans and agreements to

provide for the payment of benefits under this article.