NY Work Comp L § 211 (2021)
2021 New York Laws WKC - Workers' Compensation Article 9 - Disability Benefits 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, or2.  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, or3.  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.