N.Y. Executive Law 160-II – Securing of compensation
§ 160-ii. Securing of compensation. 1. Within two hundred ten days of the effective date of this article, the fund shall secure the payment of workers' compensation to all black car operators entitled thereto pursuant to this chapter by either: (a) self-insuring in accordance with subdivision three of section fifty of the workers' compensation law and the rules promulgated by the board pursuant to such section or (b) purchasing workers' compensation insurance covering, on a blanket basis, all black car operators who are the fund's employees pursuant to section two of the workers' compensation law.
Terms Used In N.Y. Executive Law 160-II
- Board: means the workers' compensation board. See N.Y. Executive Law 160-CC
- Central dispatch facility: means a central facility, wherever located, including a transportation network company, that (a) dispatches the registered owners of for-hire vehicles, or drivers acting as the designated agent of such registered owners, to both pick-up and discharge passengers in the state, and (b) has certified to the satisfaction of the department of state that more than ninety percent of its for-hire business is on a payment basis other than direct cash payment by a passenger; provided, however, that a central dispatch facility shall not include any such central facility that owns fifty percent or more of the cars it dispatches. See N.Y. Executive Law 160-CC
- Department: means the department of state. See N.Y. Executive Law 160-CC
- Fund: means the New York black car operators' injury compensation fund, inc. See N.Y. Executive Law 160-CC
- Fund liability date: means the earlier of: (a) the date as of which the board first approves the fund's application to self-insure pursuant to subdivision two of section one hundred sixty-ii of this article, or (b) the date on which coverage commences under the initial insurance policy purchased by the fund pursuant to subdivision three of section one hundred sixty-ii of this article. See N.Y. Executive Law 160-CC
- Secretary: means the secretary of state. See N.Y. Executive Law 160-CC
2. If the fund initially seeks to apply to the board for authorization to self-insure pursuant to subdivision three of section fifty of the workers' compensation law, it shall submit its application and accompanying proof to the board within one hundred fifty days of the effective date of this article. The board shall notify the fund and the secretary in writing of any change in the fund's status as a self-insurer or of any additional requirements that the board may deem necessary for continuation of such status.
3. If the fund chooses to secure the payment of workers' compensation pursuant to the workers' compensation law by purchasing an insurance policy from the state insurance fund or a, licensed insurer, it shall file with the department no later than thirty days after the commencement of a new policy year a copy of the policy it has purchased. In such case, the department shall be treated by the insurer as a certificate holder for purposes of receiving notice of cancellation of the policy.
4. No provision of this article shall be construed to alter or affect the liability under the workers' compensation law of any central dispatch facility with respect to black car operators prior to the fund liability date.
* 5. The fund shall have the authority to provide additional health benefits, consistent with its plan of operation, for all black car operators entitled thereto pursuant to this chapter, provided that the fund shall have complied with all applicable statutory and regulatory requirements. The surcharge amount not related to payments of workers' compensation claims and the administration of those claims shall be up to one-half of one percent (0.5%).
* NB Repealed December 20, 2025