NY Vol Fire Ben L § 32 (2021)
2021 New York Laws VOL - Volunteer Firefighters' Benefit Article 3 - Liability for Benefits; Insurance 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.