NY Vol Amb Work Ben L § 32 (2021)
2021 New York Laws VAW - Volunteer Ambulance Workers' Benefit Article 3 - Liability for Benefits; Insurance 32 - Group Insurance.

§ 32. Group  insurance.  1.  Notwithstanding  any provision of section   thirty of this article, any town may contract for  a  single  policy  of   insurance  indemnifying  (a)  all ambulance districts wholly within such   town which are liable for the payment of benefits  under  this  chapter,   (b)  all  territory  within  such  town  outside  cities,  villages  and   ambulance districts which is liable for the payment  of  benefits  under   this  chapter, and (c) the town in relation to such ambulance 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   ambulance  commissioners  of  any  ambulance  district wholly within the   town, shall also indemnify such village or  ambulance  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   ambulance  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 ambulance workers.2.  Notwithstanding  any  other  provision  of  section thirty of this   article, any group of cities,  villages,  ambulance  districts  or  town   boards  acting  for  and on behalf of ambulance 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, ambulance district and such territory outside   any such municipal corporation or district, and, if any  such  ambulance   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  article.  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, ambulance 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 ambulance 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 ambulance 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  ambulance  service  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   workers'  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 workers' compensation law. If any village or   ambulance district is located in two or more counties, it may  elect  to   join  such  a  group  in one of such counties. If any ambulance 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   ambulance 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, ambulance 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, or ambulance   district and outside territory covered thereby.