N.Y. Work. Comp. Law § 235

§ 235. Exemptions. Any employee who is receiving or is entitled to\nreceive old-age insurance benefits under title two of the social\nsecurity act, shall be exempt from this article upon filing with the\nchairman and his employer a statement, in such form as the chairman\nshall prescribe, waiving any and all benefits under this article.\nThereafter such employee shall be exempt from any liability to\ncontribute toward the cost of such benefits, and his employer shall be\nrelieved of responsibility to provide for the payment of any benefits to\nsuch employee under this article.\n