Section 106. Consolidation of funds; definitions  


Latest version.
  • On and after March first,
      nineteen hundred ninety, the stock workers' compensation  security  fund
      and  the  mutual  workers' compensation security fund heretofore created
      are hereby consolidated into a single fund to be known as the  "workers'
      compensation   security  fund".  All  assets,  liabilities,  rights  and
      obligations of the stock workers' compensation  security  fund  and  the
      mutual  workers'  compensation  security fund are hereby transferred and
      assigned to and assumed by and devolved upon the  workers'  compensation
      security  fund  and shall continue to be assets, liabilities, rights and
      obligations of such fund without diminution or impairment.  As  used  in
      this article, unless the context or subject matter otherwise require;
        "Fund" means the workers' compensation security fund.
        "Fund year" means the calendar year.
        "Stock  carrier"  means  any stock corporation other than an insolvent
      carrier, authorized to transact the business of  workmen's  compensation
      insurance in this state.
        "Mutual  carrier"  means any mutual corporation or reciprocal insurer,
      other than an insolvent carrier, authorized to transact the business  of
      workmen's compensation insurance in this state.
        "Nonprofit  property/casualty  insurance  company"  means  a nonprofit
      property/casualty insurance company as defined in paragraph  fifty-three
      of subsection (a) of section one hundred seven of the insurance law.
        "Reciprocal  insurer"  means  any  reciprocal  insurer  authorized  to
      transact the business of workmen's compensation insurance in this  state
      and  such  reciprocal  insurer  shall  be  deemed to be a mutual carrier
      within the intent of the several provisions of this article.
        "Carrier" means a stock or mutual corporation or a reciprocal  insurer
      or  a nonprofit property/casualty insurance company, if such corporation
      or  insurer  is  authorized  to  transact  the  business   of   workers'
      compensation  insurance  in  this  state,  but  not  including  any such
      corporation or insurer which is insolvent.
        "Insolvent  carrier"  means  a  carrier  as  to  which  an  order   of
      rehabilitation  or  of  liquidation,  or,  if  such carrier be a foreign
      insurer, as to which an order for conservation of its assets within  the
      state,  shall  have  been  made after the effective date of this article
      pursuant to article seventy-four of the  insurance  law,  or  a  foreign
      carrier which withdraws from or discontinues operation in this state and
      fails  to meet payments due on awards made, but not including a carrier,
      whether  a  domestic  or  foreign  insurer,  which  shall  have   become
      rehabilitated   and   allowed   to   resume   business  after  any  such
      rehabilitation or conservation of assets and meets  its  obligations  as
      they mature.
        "Employer"  includes  any  political  subdivision  liable for benefits
      pursuant to the volunteer firefighters' benefit law.
        "Employment" includes the service of a volunteer firefighter for which
      a political subdivision is liable for benefits pursuant to the volunteer
      firefighters' benefit law.
        "Workers' compensation" and "compensation"  include  the  benefits  in
      relation  to  volunteer  firefighters  and  volunteer  ambulance workers
      pursuant to the volunteer firefighters' benefit law  and  the  volunteer
      ambulance workers' benefit law and benefits in relation to longshore and
      harbor   workers   pursuant   to   the  longshore  and  harbor  workers'
      compensation act, United States Code, Title  33,  Sections  901  through
      950.
        "This  chapter"  includes  the volunteer firefighters' benefit law and
      the volunteer ambulance workers' benefit  law;  and  the  longshore  and
      harbor workers' compensation act, United States Code, Title 33, Sections
      901  through  950;  except when such a meaning is inconsistent with this
      article.