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provisions of the federal job training partnership act. Provided, however, that with respect to employee information the department of social services shall only be furnished with the names, social security account numbers and gross wages of those employees who applicants for recipients of benefits under the social services law or absent parents and, only if, the department of social services certifies to the commissioner of taxation and finance that such persons are such applicants, recipients or absent parents. Provided, further, that with respect to employee information, the department of labor shall only be furnished, pursuant to subdivision four of section one hundred seventy-one-a of this chapter, with the names and social security numbers of those employees who are applicants for or recipients of benefits under the unemployment benefits system and are so certified to the commissioner of taxation and finance by the department of labor. Provided, further, that with respect to employee information, the department of labor shall only, be furnished, pursuant to subdivision five of section one hundred seventy-one-a of this chapter, with the quarterly gross wages (excluding any reference to the name, social security number or any other information which could be used to identify any employee or the name or identification number of any employer) paid to employees who participants in training programs funded pursuant to the provisions of the federal job training partnership act and who are so certified to the commissioner of taxation and finance by the department of labor and such quarterly gross wages may be made available by the department of labor to service delivery areas established pursuant to the provisions of such act as shall be necessary to carry out the purposes set forth in such subdivision five. Reports and returns shall be preserved for three years and thereafter until the tax commission orders them to be destroyed.

§ 3. Subdivision four of section five hundred thirty-seven of the labor law, as added by chapter five hundred forty-five of the laws of nineteen hundred seventy-eight, is amended to read as follows:

4. Information obtained by the department from the wage reporting, syştem operated by the state department of taxation and finance shall be considered confidential and shall not be disclosed to persons or agencies other than those considered entitled to such information when such disclosure is necessary for the proper administration of the unemployment benefit system and for the

performance of the duties and responsibilities of the department with respect to the federal job training partnership, act.

§ 4. This act shall take effect immediately, except that subsection (e) of section six hundred ninety-seven of the tax law, as amended by section two of this act, shall take effect November first in the year in which it shall have become a law; provided that the amendments made by this act shall not affect the expiration of certain provisions of the labor law and the tax law as enacted by chapter five hundred forty-five of the laws of nineteen hundred seventy-eight, as last extended by chapter thirty-seven of the laws of nineteen hundred eighty-four.

CHAPTER 368

AN ACT to amend the public authorities law, in relation to establishing

a water board for the city of Buffalo pursuant to title two-B of arti

cle five of such law Became a law July 19, 1985, with the approval of the Governor. Passed on

Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The public authorities law is amended by adding a new section one thousand forty-nine to read as follows: EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law § 1049. Buffalo water board. For the benefit of the city of Buffalo and the inhabitants thereof,, & water board, to be known as the BUFFALO WATER BOARD, is hereby established for the accomplishment of any or all of the purposes specified in title two-B of article five of this chapter. It shall have the powers and duties now or hereafter conferred by title two-B of article five of this chapter upon a water board. It shall be organized in manner prescribed by and be subject to the provisions of title two-B of article five of this chapter. The board, its members, officers and employees and its operations and activities shall in all respects be governed by the provisions of title two-B of article five of this chapter.

§ 2. This act shall take effect immediately.

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AN ACT to amend the insurance law, in relation to group life and group

and blanket accident and health insurance Became a law July 19, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Subparagraph (B) of paragraph two of subsection (b) of section one thousand one hundred one of the insurance law, amended by chapter seven hundred sixty-nine of the laws of nineteen hundred eightyfour, is amended to read as follows:

transactions with respect to group life,, group annuity, group accident and health or blanket accident and health insurance (other than any transaction with respect to a group annuity contract funding individual retirement accounts or individual retirement annuities as defined in section four hundred eight of the Internal Revenue Code, funding annuities in accordance with subdivision (b) of section four hundred three of such code or providing a plan of retirement annuities under which the payments are derived wholly from funds contributed by the persons covered): (i)

where such groups conform to the definitions of eligibility contained in;

(1) the following paragraphs of subsection (b) of section four thousand two hundred sixteen of this chapter:

(aa) paragraph (1) or (2);

(bb), paragraph (3), iĚ, with respect to those credit transactions entered into in this state, 'the policy fully conforms with the

the requirements of sections three thousand two hundred one, three thousand two hundred twenty and four thousand two hundred sixteen of this chapter;

Scc) paragraphs (4), (5), (6), .(7), (8), (9) and (10).

(II) [sections fourthousand two hundred sixteen, four thousand two hundréd thirty-five, four thousand two hundred thirty-seven] the following subparagraphs of paragraph (1) of subsection (c) of section four thousand two hundred thirty-five of this chapter:

(aa) subparagraph (A). (B), (C) or (D);

(bb) subparagraph (!), it, with respect to those credit transactions entered into in this state, the policy fully conforms with the requirements of sections three thousand two hundred one, three thousand two hundred twenty-one and four thousand two hundred thirty-five of this chapter;

(cc) subparagraphs (F), (G) and (H).

(111) section four thousand two hundred thirty-seven (except subpara, graph (F) of paragraph three of subsection (a) thereof) or four thousand two hundred thirty-eight (excepţ paragraphs six and seven of subsection (b) thereof) of this chapter; and

(ii) where the master policies contracts were lawfully issued without this state in a jurisdiction where the insurer was authorized to do an insurance business;

$ Paragraph of subsection (b) of section three thousand two hundred one of such law is amended to read as follows:

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(1) No policy form shall be delivered or issued for delivery in this stàté unless it has been filed with and approved by the superintendent as conforming to the requirements of this chapter and not inconsistent with law. A group life, group accident, sroup health, group accident and health or blanket accident and health insurance certificate ev videncing insurance coverage on a resident of this state shall be deemed to have been delivered in this state, regardless of the place of actual delivery, unless the insured group is of the type described in:. (A) section four thousand two hundred sixteen, except paragraph four where the group policy is issued to a trustee or trustees of a fund established or par: ticipated in by two or more employers not in the same industry with respect to an employer principally located within the state, paragraph twelve, thirteen or fourteen of subsection (b) thereof; (B) section four thousand two hundred thirty-five except subparagraph (b) where the group policy is issued to a trustee or trustees of a fund established or par: ticipated in by two or more employers not in the same industry with respect

to an employer principally located within the state, subparagraph (R), (L) or (M) of paragraph one of subsection (c) thereof; or (C) section four thousand two hundred thirty-seven (except subparagraph (P) of paragraph three of subsection (a) thereof; of this chapter; and where the master policies or contracts were lawfully issued without this state in & jurisdiction where the insurer was authorized to do insurance business. With regard to any certificate deemed to have been delivered in this state by virtue of this paragraph, the superintendent shall (1) require that the premiums charged be reasonable in relation to the benefits provided, except in cases where the policyholder , pays the entire premium; (ii) have power to issue regulations prescribing the required optional and prohibited provisions in such certificates; (ili) establish an accelerated certificate fora approval procedure available to an insurer which includes a statement in its policy form submission letter that it is the company's opinion that the certificate form or forms conply with applicable New York law and regulations. The super intendent, ироп receipt of such a filing letter, shall grant conditional approval of such certificate form or forms in reliance on the aforementioned statement by the company upon the condition that the company will retroactively modify such certificate form or forms, to the extent necessary, if it is found by the superintendent that the certificate form fails to comply with applicable New York laws and regulations. The superintendent may, with regard to the approval of any certificate deemed to have been delivered in this state by virtue of this paragraph, approve such certificate if the superintendent finds that the certifi: çate affords insureds protections substantially similar to those which have been provided by certificates delivered in this state. Any regula. tions issued by superintendent pursuant to this paragraph may not impose stricter requirements than those applicable to similar policies and certificates actually delivered in this state.

§ 3. Paragraphs six, seven and eight of subsection (a) of section three thousand two hundred twenty of such law are amended to

read as follows:

(6) That if the insurance on an employee or member covered under the policy, other than one issued in accordance with paragraph three eight of subsection (b) of section four thousand two hundred sixteen of this chapter, (A), ceases because of termination of (i) employment or of membership in the class classes eligible for coverage under the policy, or (ii) the policy, or (B) is reduced (1) in the

case policy covering an employee or union member under a plan arranged by the insured person's employer or union, on or after the employee's or union member's attainment of age sixty in any increment or series of increments aggregating twenty percent or more of the amount of coverage 10 force before the first reduction on account of such age, (11) in the case of a policy covering any member other than as described in item (1) of this subparagraph, at the time of the first reduction of Insurance, (iii) due to change in class or (iv) due to an anendment of the policy to take effect immediately or at any subsequent date,, such employee or such member shall be entitled to have issued to him by the

insurer, without evidence of insurability, upon application made to the insurer within thirty-one days after such termination or reduction of insurance and payment of the premium applicable to the class of risk to which he belongs and to the form and amount of the policy at his then attained EXPLANATION—Matter in italics is new; matter in brackets [] is old law

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of the forms customarily, issued by such insurer, .except term Insurance, in an amount equal to the amount of his protection under such group insurance policy at the time of such terminations, provided, however,] or reduction, less any amount of life insurance remaining in' force, except however, in the case of a reduction in accordance with item (ii) of subparagraph (B) of this paragraph, in an amount equal to eighty percent of his insurance coverage under such group, policy immediately prior to such reduction. Under a group policy issued pursuant to paragraph twelve, thirteen or fourteen of subsection (b) of section four thousand two hundred sixteen of this chapter, an insured shall be entitled to convert, just as if he had terminated membership in the class or classes eligible for coverage, within thirty-one days after notice from the insurer that, in order to continue his coverage under the group policy, he must contribute than one hundred thirty-three percent of the net premiums computed according to the Commissioners 1960 Standard Group Mortality Table at three percent interest. The group policy may contain a provision that if the policyholder or insurer shall terminate the policy,' the amount of life insurance that may be converted shall in no event exceed the amount of such employee's or member's life insurance protection less any amount of life insurance for which he may be or may become eligible under any group policy issued or reinstated by the same or another insurer within forty-five days after the date of such cessation. However, at the option of such employee or member, he shall be entitled to have issued to him in accordance with the conditions prescribed above, a policy of life insurance only, in any one of such forms, preceded by [single premium] term insurance for a period of one year[; and each such policy] with the premium payable, at the option of the employee or member, any mode customarily offered by the insurer. Each such group policy shall contain a further provision to the effect that upon the death of

any such employee or member during such thirty-one day period and before any such individual policy has become effective the amount of insurance

for which, such employee or member was entitled to make application shall be payable as a death benefit by the insurer; provided, however, each such policy may contain a provision obligating the policyholder to pay a premium to the insurer for coverage extended during such thirty-one day period in the event the extension of coverage is a direct result of the policyholder's voluntary termination of the policy and the policyholder replaces coverage under the policy within six months of its termination either with the insurer or with another insurer. The individual conversion policy may provide that any statement made by the person insured under the group policy relating to his insurability under

such group policy may be used in contesting the validity of the insurance under the individual conversion policy to the same extent that such statement could have been used in contesting the validity of his insurance under the group policy if his insurance under the group policy had not ceased. Notwithstanding the foregoing, the superintendent may require conversion or continuation of insurance under conditions as set forth in a regulation for insureds under a policy issued in accordance with paragraph three of subsection (b) of section four thousand two hundred sixteen of this chapter.

(7) [In, every group policy, other than one issued in accordance with paragraph three of subsection (b) of section four thousand two hundred sixteen of this chapter, a provision that if the policyholder or insurer shall terminate the policy, then every employee or member who is insured thereunder at the date of such termination shall be entitled upon the termination of his insurance protection under the group. policy to the same benefits

and upon

the same conditions and limitations as those provided in paragraph six hereof for an employee whose employment is terminated except that the policy may provide that the amount of such converted life insurance shall in no event exceed the amount of such employee's or member's life insurance protection under such group policy at the date of the cessation of such insurance

protection

less any amount of life insurance for which he may be or may become eligible under any group policy issued or reinstated by the same or another insurer within thirty-one days after the date of such cessation] At the option of the employee or member, any converted policy policies

shall provide coverage for the dependents or class of dependents of such employee or member who were insured under the group, policy., The effective date of the converted policy or policies shall be the date of termination of the employee's or member's insurance under the group policy. The

conversion privilege shall be available (A) upon termination or

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reduction of insurance as described in paragraph six of this subsection, (B)

upon the death of the employee or member to the surviving spouse with respect to such spouse and children as then insured by the group policy,,(C) to a child upon his attaining the limiting age of coverage under the group policy while insured as dependent thereunder, and (D) upon the divorce or annulment of the marriage of the employee or member to the spouse or former spouse of such employee or member.

(8) That in the event a group life insurance policy issued [to a group described in paragraph one, four or five of subsection (b), of section four thousand two hundred sixteen of this chapter] for delivery in this state permits a certificate holder to convert to another type of life insurance within a specified time after the happening of an event, such certificate holder shall be notified of such privilege and its duration within fifteen days before or after the happening of the event, provided that if such notice be given more than fifteen days,

but less than ninety days after the happening of such event, the time allowed for the exercise of such privilege of conversion shall be extended for [fifteen) forty-five days after the giving, of such notice. If such notice be not given within ninety days after the happening of the event, the time allowed for the exercise of such conversion privilege shall expire at the end of such ninety days. Written notice by the [employer} policyholder given to the certificate holder or mailed to the certificate holder at his last known address, or written notice by the insurer mailed to the certificate holder at the last address furnished to the insurer by the [employer) policyholder, shall be deemed full compliance with the provisions of this paragraph for the giving of notice.

S 4: Subsection (e), of section three thousand two hundred twenty-one of such law is amended by adding a paragraph eleven to

read follows:

(11) In addition to the right of conversion herein, the employee or member insured under the policy shall at his option, as an

alternative to conversion, be entitled to have his coverage continued under the group policy in accordance with the conditions and limitations contained in 'subsection (m) of this section, and have issued at the end of the period of continuation an individual conversion policy subject to the terms of this subsection. The effective date for the conversion policy shall be the day following the termination of insurance under the group policy, or if there is a continuation of coverage, on the day following the end of the period of continuation. Notwithstanding the foregoing, the superintendent may require conversion or continuation of insurance under conditions as set forth in a regulation for insureds under policy issued in accordance with subparagraph (E) of, paragraph one of subsection (c) of section four thousand two hundred thirty-five of this chapter.

§ 5. Section three thousand two hundred twenty-one of such law is amended by adding a new subsection (m) to read as follows:

(m) A group policy providing hospitál, surgical or medical expense insurance for other than accident only shall provide that if all any portion of

the insurance on an employee or member insured under the policy ceases because of termination of employment or membership in the class classes eligible for coverage under the policy, such employee or member shall be entitled without evidence of insurability upon application to continue his hospital, surgical or medical expense insurance for himself or herself and his or her eligible dependents, subject to all of the group policy's terms and conditions applicable to those forms of benefits and to the following conditions:

(1) Continuation shall not be available for: (A) any person who is covered, becomes covered or could be covered by čitle XVIII of the United States Social șecurity, Act (Medicare) as amended or superseded; or (B) an employee, member or dependent who is covered, becomes

covered or could become covered as an employee, member or dependent by any other insured or uninsured arrangement which provides hospital, surgical or medical coverage for individuals in å group except the group insurance policy conversion option of this section shall not be considered as such an arrangement under which an employee, member or dependent could become covered.

(2) An employee or member who wishes continuation of coverage must request such continuation in writing within the twenty day period following the later of: (A) the date of such termination; or (B) the date EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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