NY Work Comp L § 63 (2021)
2021 New York Laws WKC - Workers' Compensation Article 5 - County Self-Insurance Plan 63 - Liability of County.

§  63.  Liability  of  county.  1.  In  the  case of plans established   pursuant to former subdivision three-a of section fifty of this  chapter   and  continued  pursuant  to the provisions of section sixty-one of this   chapter, payments with respect to  (a)  the  liability  of  participants   arising  on  and  after January first, nineteen hundred fifty-seven, and   (b) the joint liability of the participants  imposed  pursuant  to  such   former  subdivision  three-a  of section fifty of this chapter, shall be   made by the county.2. When a plan is established pursuant to this article, payments  with   respect  to  the  liability  of  participants  arising  on and after the   effective date of the plan shall be made by the county.3. Where a town participates in a plan, in addition to  payments  with   respect  to  the  liability  of the town, the county shall make payments   with respect to that portion of the  liability  of  all  villages,  fire   districts,  fire  protection  districts  and fire alarm districts within   such town and all territory within such town outside  cities,  villages,   fire  districts,  fire  protection  districts  and  fire alarm districts   arising out of  the  death  of  or  injury  to  volunteer  firefighters;   provided,  however,  that the county shall not be obligated to make such   payments in the case  of  a  village,  fire  district,  fire  protection   district  or  fire  alarm district, located in more than one town unless   the town board of each town containing part of the village  or  district   by resolution elects to become a participant in the plan.  Participation   in a plan by a village or fire district shall make the county liable for   such  payments  where  the  town  or towns in which such village or fire   district is located are not participants in the plan. The term "injury",   as used in this subdivision, means "injury" as  defined  in  subdivision   four  of  section  three  of the volunteer firefighters' benefit law, as   amended from time to time. If  a  county  has  elected  to  establish  a   self-insurance  plan  for  itself, it may elect to extend coverage under   such plan to voluntary ambulance  companies  upon  the  same  terms  and   conditions as such coverage applies to volunteer firefighters.4. The expenditure of county funds for payments authorized or required   by this article is hereby declared to be for a county purpose.5.  For the purposes of this article, officers and employees of a soil   conservation district located wholly within a  county  shall  be  deemed   employees of the county in which such district is located.6.  Notwithstanding  the  foregoing  provisions  of this section, each   participant alone shall be obligated  to  pay  the  increased  liability   provided for by section fourteen-a of this chapter.7.   Notwithstanding   any  other  provision  of  this  chapter,  each   participant in a plan continued or established pursuant to this  article   shall  be deemed to have duly taken such action, as would have otherwise   been required by this chapter, to elect to bring all of  its  employees,   or  officers,  elected  or  appointed  or  otherwise,  not enumerated in   section three, subdivision one, groups one to  seventeen  inclusive,  of   this   chapter,   within   the   coverage  of  this  chapter  hereafter,   notwithstanding the definitions of the terms  "employment",  "employer",   or  "employee"  in  subdivisions  three, four and five of section two of   this chapter, and each participant which has any group,  as  defined  by   order  of  the New York state civil defense commission, of civil defense   volunteers not enumerated  in  section  three,  subdivision  one,  group   seventeen,  who  are personnel of a volunteer agency of the local office   of such participant, as defined in  the  state  defense  emergency  act,   shall  be deemed to have duly taken such separate and distinct action of   its legislative or other governmental body, as would otherwise have been   required  by  this  chapter,  to  bring  such  group  of  civil  defense   volunteers  within  the  coverage  of this chapter hereafter as to their    authorized civil defense  services  to  the  extent  not  covered  under   article  ten  of  this  chapter,  and  hereafter  all  such officers and   employees and such civil defense volunteers of a participant in  a  plan   continued  or  established  pursuant to this article shall be within the   coverage of this chapter to the same extent as if all appropriate action   had been  taken  pursuant  to  section  three,  subdivision  one,  group   nineteen,  or any other applicable provision, of this chapter; provided,   however, in relation to such officers and employees of the  participant,   or  any class or group of such officers and employees of the participant   or  for  such  civil  defense  volunteers  who  are  personnel  of   the   participant,  a  participant may (1) elect not to provide such coverage,   (2) elect to provide such coverage in a manner provided in section fifty   of this chapter other than under article  five  thereof,  (3)  elect  to   revoke  an election made under either "(1)" or "(2)" above and adopt the   other of such elections, or (4) elect to revoke an election  made  under   either  "(1)" "(2)" or "(3)" above and have such coverage provided under   the plan as if no election had been made hereunder.   Any such  election   shall  become effective when adopted if it is filed with the chairman of   the workmen's compensation board and with the committee or administrator   of the plan within ten days after adoption, otherwise  it  shall  become   effective   when   filed   with  both  the  chairman  of  the  workmen's   compensation board and the committee or administrator of the  plan.  The   chairman  of  the workmen's compensation board may prescribe the form or   forms of any such election. Notwithstanding the  provisions  of  section   three,  subdivision  one, group nineteen, of this chapter, if the county   elects to exclude one or more groups of such civil defense volunteers of   the county's office of civil defense, then the plan shall not be  liable   for  coverage  under  this  chapter for such civil defense volunteers so   excluded, but this shall not preclude a town or a village in such county   or a city participating in  the  consolidated  county  office  of  civil   defense of such county from bringing the members of such group or groups   of  duly  enrolled civil defense volunteers who are residents of and are   enrolled from such town, village or city within  the  coverage  of  this   chapter  during  any  period when the county has so excluded, but in any   such case the compensation shall be secured  in  a  manner  provided  in   section  fifty  of  this  chapter other than under article five thereof.   This subdivision shall not affect the coverage of officers and employees   and civil defense volunteers for whom  mandatory  coverage  is  provided   under this chapter.8.  Except as provided in subdivision three or nine of this section in   relation to volunteer  firefighters  and  volunteer  ambulance  workers,   participation  in  a plan by a town shall not make the county liable for   payments of compensation under this chapter in relation to the  officers   and  employees  of  a  fire or ambulance district located in whole or in   part in such town. Except as  provided  in  subdivision  three  of  this   section  in  relation  to  volunteer firefighters or subdivision nine of   this section in relation to  volunteer  ambulance  workers,  the  county   shall  be  liable  for  payments  of  compensation under this chapter in   relation to the officers and employees of a fire or  ambulance  district   only  in  cases where the fire or ambulance district is a participant in   the plan.9. Where a town participates in a plan, in addition to  payments  with   respect  to  the  liability  of the town, the county shall make payments   with respect to that portion of the liability of all villages, ambulance   districts, within such town and all territory within such  town  outside   cities,  villages,  ambulance  districts, arising out of the death of or   injury to volunteer  ambulance  workers;  provided,  however,  that  the   county  shall  not  be  obligated to make such payments in the case of a    village, ambulance district, located in more than one  town  unless  the   town  board  of  each town containing part of the village or district by   resolution elects to become a participant in the plan. Participation  in   a  plan  by a village or ambulance district shall make the county liable   for such payments where the town or  towns  in  which  such  village  or   ambulance district is located are not participants in the plan. The term   "injury",  as  used  in  this  subdivision, means "injury" as defined in   subdivision four of section three of the  volunteer  ambulance  workers'   benefit law, as amended from time to time.