N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 358-3.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 358-3.2 - Employees not covered under a plan

If an employee who is eligible for benefits under section 204 of the Workers' Compensation Law is not eligible for benefits under the plan for any of the following reasons:

(a) the eligibility or probationary period under the plan is no longer than that provided by law;

(b) there is an eligibility or probationary period under the plan for employees who are entitled by law to immediate coverage;

(c) the plan does not provide for payment of benefits for disability occurring after termination of employment, to the extent provided by law; or

(d) the employee is not of the class or any of the classes of employees entitled to benefits under the plan; then, and in any one or more of the foregoing circumstances, the employer shall be required to provide for the payment of benefits to such employee in one or more of the ways set forth in section 211 of the Workers' Compensation Law. The employer may, however, modify the plan so as to extend the plan benefits for the statutory periods referred to in subdivisions (a), (b) and (c) of this section, and such extension shall not be deemed a material modification.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 358-3.2