2023 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, or
2.  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, or
3.  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.