Section 32. Group insurance  


Latest version.
  • 1.  Notwithstanding  any provision of section
      thirty of this chapter, any town may contract for  a  single  policy  of
      insurance  indemnifying (1) all fire protection districts and fire alarm
      districts wholly within such town which are liable for  the  payment  of
      benefits  under this chapter, (2) all territory within such town outside
      cities, villages, fire districts, fire  protection  districts  and  fire
      alarm  districts  which is liable for the payment of benefits under this
      chapter, and (3) the town in relation to such fire protection districts,
      fire alarm 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 fire commissioners of any fire district wholly  within  the
      town,  shall  also  indemnify such village or fire 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  fire
      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 firemen.
        2.  Notwithstanding  any  other  provision  of  section thirty of this
      chapter, any group of cities, villages, fire districts  or  town  boards
      acting  for  and  on  behalf  of  fire  protection districts, fire alarm
      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, fire district,
      fire protection district, fire alarm district and such territory outside
      any such municipal corporation  or  district,  and,  if  any  such  fire
      protection  district or fire alarm 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 chapter. 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,  fire  district, fire protection district, fire alarm 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 fire
      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 a fire protection district or fire alarm  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 fire protection 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  workmen's  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 workmen's compensation law. If any
      village or fire district is located in two  or  more  counties,  it  may
      elect  to  join  such  a  group  in  one  of  such counties. If any fire
      protection district or fire alarm 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  fire  protection  district  or  fire  alarm
      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,  fire  district,  fire   protection
      district,  fire  alarm  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, fire district,
      fire protection district, fire  alarm  district  and  outside  territory
      covered thereby.