2023 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.