2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 9 - (200 - 242) DISABILITY BENEFITS
212 - Voluntary coverage.


NY Work Comp L § 212 (2012) What's This?
 
    §  212.  Voluntary  coverage.  1.  Any  employer  not required by this
  article to provide  for  the  payment  of  disability  benefits  to  his
  employees,  or  to  any  class  or classes thereof, may become a covered
  employer or bring within the provisions of this article  such  employees
  or  class  or  classes  thereof  by  voluntarily electing to provide for
  payment of such benefits in one or more of the ways set forth in section
  two hundred eleven; but such election shall be subject to  the  approval
  of  the chairman, and if the employees are required to contribute to the
  cost of such benefits the assent within thirty days before such approval
  is granted, of more than one-half of such employees shall  be  evidenced
  to the satisfaction of the chairman. On approval by the chairman of such
  election  to  provide benefits, all the provisions of this article shall
  become and continue  applicable  as  if  the  employer  were  a  covered
  employer  as  defined  in  this article. The obligation to continue as a
  covered employer  with  respect  to  employees  for  whom  provision  of
  benefits is not required under this article, may be discontinued by such
  employer  on  ninety  days  notice to the chairman in writing and to his
  employees, after he has provided for payment of benefits  for  not  less
  than  one  year  and  with  such  provision  for  payment of obligations
  incurred on and prior to  the  termination  date  as  the  chairman  may
  approve.
    2.  Notwithstanding  the  definition of "employer" and "employment" in
  section two hundred one of this article, a public authority, a municipal
  corporation or a fire district or other political subdivision may become
  a covered employer under this article by complying with  the  provisions
  of  subdivision one of this section and may discontinue such status only
  as provided in that subdivision.
    3. Notwithstanding the  definition  of  "employment"  in  section  two
  hundred  one  of  this  article,  service  as  a farm laborer may become
  covered employment by the employer  complying  with  the  provisions  of
  subdivision  one  of this section and such employer may discontinue such
  status only as provided in that subdivision.
    4. An executive officer of a corporation who at all times  during  the
  period  involved  owns  all  of  the issued and outstanding stock of the
  corporation and holds all of the offices pursuant to  paragraph  (e)  of
  section  seven  hundred  fifteen  of the business corporation law or two
  executive officers of a corporation who at all times during  the  period
  involved  between  them  own  all of the issued and outstanding stock of
  such corporation and hold all such offices provided, however, that  each
  officer  must  own  at least one share of stock and who is the executive
  officer or who are the executive officers of a corporation having  other
  persons  who  are  employees  required to be covered under this article,
  shall be deemed to be included in the corporation's disability  benefits
  insurance  contract  or  covered by a certificate of self-insurance or a
  plan under section two  hundred  eleven  of  this  article,  unless  the
  officer  or  officers  elect  to  be  excluded from the coverage of this
  article. Such election shall be made by any such corporation filing with
  the insurance carrier, or the chair of the workers'  compensation  board
  in the case of self-insurance, upon a form prescribed by the chairman, a
  notice  that  the corporation elects to exclude the executive officer or
  officers of such corporation named in the notice from  the  coverage  of
  this  article.  Such  election  shall  be  effective with respect to all
  policies issued to such corporation by such insurance carrier as long as
  it shall continuously insure the corporation.  Such  election  shall  be
  final  and  binding  upon the executive officer or officers named in the
  notice until revoked by the corporation.
    5. A spouse who is an employee of a covered employer shall  be  deemed
  to  be included in the employer's disability benefits insurance contract

  or covered by a certificate of self-insurance or a  plan  under  section
  two  hundred  eleven  of  this  article,  unless  the employer elects to
  exclude such spouse from the coverage of  this  article.  Such  election
  shall be made by any such employer filing with the insurance carrier, or
  the   chair   of   the  workers'  compensation  board  in  the  case  of
  self-insurance, upon a form prescribed by the chair, a notice  that  the
  employer  elects  to  exclude  such  spouse named in the notice from the
  coverage of this article. Such election shall be effective with  respect
  to  all  policies  issued  to such employer by such insurance carrier as
  long as it shall continuously insure the employer.  Such election  shall
  be  final  and binding upon the spouse named in the notice until revoked
  by the employer.

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