Section 61. Continuance of existing plans; establishment of new plans  


Latest version.
  • 1.
      Plans  of  mutual  self-insurance  heretofore  adopted  by   boards   of
      supervisors  of  counties  pursuant  to  former  subdivision  three-a of
      section fifty of this chapter, are hereby continued; provided,  however,
      that  the board of supervisors of a county must provide by local law for
      the continuation of the plan and for the administration thereof pursuant
      to this  article  on  or  before  July  thirty-first,  nineteen  hundred
      fifty-six,  or  such  plan  shall  be  deemed  abandoned  as  of October
      thirty-first, nineteen hundred fifty-six, subject to the  provisions  of
      subdivision  two of section seventy-five of this chapter. All such plans
      not so abandoned shall be operated pursuant to the  provisions  of  this
      article and local laws adopted pursuant thereto.
        2. The board of supervisors of a county may by local law establish the
      plan of self-insurance provided for in this article.
        3.  A  local  law  establishing  a  plan pursuant to this article may,
      notwithstanding the provisions of paragraph  f  of  subdivision  one  of
      section  eleven  of  the  municipal  home  rule  law,  provide  that the
      provisions of subdivision three of section sixty-three of this  chapter,
      as  amended  from  time  to time, shall not be applicable to the plan in
      that county and, if such plan is established, the term  "liability",  as
      used in this article, shall not include any compensation, assessments or
      other  obligations  under  the  volunteer  firemen's benefit law and the
      provisions of subdivision three of section sixty-three of this  chapter,
      as  amended  from  time  to time, shall not be applicable in relation to
      such plan.
        4. If a plan has been continued pursuant to this article, the board of
      supervisors may,  notwithstanding  the  provisions  of  paragraph  f  of
      subdivision  one of section eleven of the municipal home rule law, adopt
      a local law on or before the first day of August in any year to  provide
      that  the provisions of subdivision three of section sixty-three of this
      chapter, as amended from time to time, shall not be  applicable  to  the
      plan in that county after the thirty-first day of December in such year,
      except  as  to  liabilities existing on such latter date, and, if such a
      local law is adopted, the term "liability", as  used  in  this  article,
      shall  not  include  any  compensation, assessments or other obligations
      under the  volunteer  firemen's  benefit  law,  and  the  provisions  of
      subdivision  three  of  section sixty-three of this chapter shall not be
      applicable in relation to such  plan,  after  the  thirty-first  day  of
      December in such year, except as to, and in connection with, liabilities
      existing on such thirty-first day of December.
        5.  If  a  local  law  has been adopted pursuant to either subdivision
      three or subdivision four of this section, the board of supervisors may,
      notwithstanding the provisions of paragraph  f  of  subdivision  one  of
      section  eleven  of the municipal home rule law, adopt a local law on or
      before the first  day  of  August  in  any  year  to  provide  that  the
      provisions  of subdivision three of section sixty-three of this chapter,
      as amended from time to time, shall be applicable to the  plan  in  that
      county after the thirty-first day of December in such year, and, if such
      a  local  law  is adopted, the term "liability", as used in this article
      shall include any compensation, assessments, or other obligations  under
      the   volunteer  firefighters'  benefit  law,  the  volunteer  ambulance
      workers' benefit law, and the provisions of subdivision three of section
      sixty-three of this chapter shall be  applicable  in  relation  to  such
      plan, after the thirty-first day of December in such year, and, further,
      the   provisions  of  section  sixty-seven  of  this  chapter  shall  be
      applicable on and after the first day of August in such year in relation
      to such plan.
    
        6. Notwithstanding the provisions of paragraph f of subdivision one of
      section eleven of the municipal home rule law, the board of  supervisors
      of  a  county  may  by local law amend the definition of "liability", as
      defined in subdivision seven  of  section  sixty  of  this  chapter,  to
      exclude  any  liability  under paragraph m of subdivision one of section
      five of the volunteer firemen's benefit law.