N.Y. Workers' Compensation Law § 61: Continuance of existing plans; establishment of new plans

§ 61. Continuance of existing plans; establishment of new plans. 1.

Plans of mutual self-insurance heretofore adopted by boards of

supervisors of counties pursuant to former subdivision three-a of

section fifty of this chapter, are hereby continued; provided, however,

that the board of supervisors of a county must provide by local law for

the continuation of the plan and for the administration thereof pursuant

to this article on or before July thirty-first, nineteen hundred

fifty-six, or such plan shall be deemed abandoned as of October

thirty-first, nineteen hundred fifty-six, subject to the provisions of

subdivision two of section seventy-five of this chapter. All such plans

not so abandoned shall be operated pursuant to the provisions of this

article and local laws adopted pursuant thereto.

2. The board of supervisors of a county may by local law establish the

plan of self-insurance provided for in this article.

3. A local law establishing a plan pursuant to this article may,

notwithstanding the provisions of paragraph f of subdivision one of

section eleven of the municipal home rule law, provide that the

provisions of subdivision three of section sixty-three of this article,

as amended from time to time, shall not be applicable to the plan in

that county and, if such plan is established, the term "liability", as

used in this article, shall not include any compensation, assessments or

other obligations under the volunteer firefighters' benefit law and the

provisions of subdivision three of section sixty-three of this article,

as amended from time to time, shall not be applicable in relation to

such plan.

4. If a plan has been continued pursuant to this article, the board of

supervisors may, notwithstanding the provisions of paragraph f of

subdivision one of section eleven of the municipal home rule law, adopt

a local law on or before the first day of August in any year to provide

that the provisions of subdivision three of section sixty-three of this

article, as amended from time to time, shall not be applicable to the

plan in that county after the thirty-first day of December in such year,

except as to liabilities existing on such latter date, and, if such a

local law is adopted, the term "liability", as used in this article,

shall not include any compensation, assessments or other obligations

under the volunteer firefighters' benefit law, and the provisions of

subdivision three of section sixty-three of this article shall not be

applicable in relation to such plan, after the thirty-first day of

December in such year, except as to, and in connection with, liabilities

existing on such thirty-first day of December.

5. If a local law has been adopted pursuant to either subdivision

three or subdivision four of this section, the board of supervisors may,

notwithstanding the provisions of paragraph f of subdivision one of

section eleven of the municipal home rule law, adopt a local law on or

before the first day of August in any year to provide that the

provisions of subdivision three of section sixty-three of this chapter,

as amended from time to time, shall be applicable to the plan in that

county after the thirty-first day of December in such year, and, if such

a local law is adopted, the term "liability", as used in this article

shall include any compensation, assessments, or other obligations under

the volunteer firefighters' benefit law, the volunteer ambulance

workers' benefit law, and the provisions of subdivision three of section

sixty-three of this chapter shall be applicable in relation to such

plan, after the thirty-first day of December in such year, and, further,

the provisions of section sixty-seven of this chapter shall be

applicable on and after the first day of August in such year in relation

to such plan.

6. Notwithstanding the provisions of paragraph f of subdivision one of

section eleven of the municipal home rule law, the board of supervisors

of a county may by local law amend the definition of "liability", as

defined in subdivision seven of section sixty of this article, to

exclude any liability under paragraph m of subdivision one of section

five of the volunteer firefighters' benefit law.