2023 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.