N.Y. Workers' Compensation Law § 212: Voluntary coverage

§ 212. Voluntary coverage. 1. Any employer not required by this

article to provide for the payment of disability or family leave

benefits to his employees, or to any class or classes thereof, may

become a covered employer or bring within the provisions of this article

such employees or class or classes thereof by voluntarily electing to

provide for payment of such benefits in one or more of the ways set

forth in section two hundred eleven of this article; but such election

shall be subject to the approval of the chair, and if the employees are

required to contribute to the cost of such benefits the assent within

thirty days before such approval is granted, of more than one-half of

such employees shall be evidenced to the satisfaction of the chair. On

approval by the chair of such election to provide benefits, all the

provisions of this article shall become and continue applicable as if

the employer were a covered employer as defined in this article. The

obligation to continue as a covered employer with respect to employees

for whom provision of benefits is not required under this article, may

be discontinued by such employer on ninety days notice to the chair in

writing and to his or her employees, after he or she has provided for

payment of benefits for not less than one year and with such provision

for payment of obligations incurred on and prior to the termination date

as the chair may approve.

2. Notwithstanding the definition of "employer" and "employment" in

section two hundred one of this article, a public authority, a municipal

corporation or a fire district or other political subdivision may become

a covered employer for the purpose of providing disability benefits

under this article by complying with the provisions of subdivision one

of this section and may discontinue such status only as provided in that

subdivision.

3. Notwithstanding the definition of "employment" in section two

hundred one of this article, service as a farm laborer may become

covered employment by the employer complying with the provisions of

subdivision one of this section and such employer may discontinue such

status only as provided in that subdivision.

4. (a) An executive officer of a corporation who at all times during

the period involved owns all of the issued and outstanding stock of the

corporation and holds all of the offices pursuant to paragraph (e) of

section seven hundred fifteen of the business corporation law or two

executive officers of a corporation who at all times during the period

involved between them own all of the issued and outstanding stock of

such corporation and hold all such offices provided, however, that each

officer must own at least one share of stock and who is the executive

officer or who are the executive officers of a corporation having other

persons who are employees required to be covered under this article,

shall be deemed to be included in the corporation's disability and

family leave benefits insurance contract or covered by a certificate of

self-insurance or a plan under section two hundred eleven of this

article, unless the officer or officers elect to be excluded from the

coverage of this article. Such election shall be made by any such

corporation filing with the insurance carrier, or the chair of the

workers' compensation board in the case of self-insurance, upon a form

prescribed by the chair, a notice that the corporation elects to exclude

the executive officer or officers of such corporation named in the

notice from the coverage of this article. Such election shall be

effective with respect to all policies issued to such corporation by

such insurance carrier as long as it shall continuously insure the

corporation. Such election shall be final and binding upon the executive

officer or officers named in the notice until revoked by the

corporation.

(b) Notwithstanding the definition of "employer" in section two

hundred one of this article, a sole proprietor, member of a limited

liability company or limited liability partnership, or other

self-employed person may become a covered employer under this article by

complying with the provisions of subdivision one of this section.

5. A spouse who is an employee of a covered employer shall be deemed

to be included in the employer's disability and family leave benefits

insurance contract or covered by a certificate of self-insurance or a

plan under section two hundred eleven of this article, unless the

employer elects to exclude such spouse from the coverage of this

article. Such election shall be made by any such employer filing with

the insurance carrier, or the chair of the workers' compensation board

in the case of self-insurance, upon a form prescribed by the chair, a

notice that the employer elects to exclude such spouse named in the

notice from the coverage of this article. Such election shall be

effective with respect to all policies issued to such employer by such

insurance carrier as long as it shall continuously insure the employer.

Such election shall be final and binding upon the spouse named in the

notice until revoked by the employer.