Section 212. Voluntary coverage  


Latest version.
  • 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.