N.Y. Comp. Codes R. & Regs. tit. 12, § 358-2.1
Any plan which was not in existence on April 13, 1949, but which is in existence on or after July 1, 1950, is a new plan and, if the benefits provided meet the requirements of section 358-3.1 of this Part, may be accepted by the chairman under section 211 of the Workers' Compensation Law provided: