New York Labor Codes 50

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§ 50 Security for payment of compensation.

History:



An employer shall secure compensation to his employees in one or more of the following ways:

1. By insuring and keeping insured the payment of such compensation in the state fund, or

2. By insuring and keeping insured the payment of such compensation with any stock corporation, mutual corporation or reciprocal insurer authorized to transact the business of workers' compensation insurance in this state through a policy issued under the law of this state.

3. By furnishing satisfactory proof to the chair of his financial ability to pay such compensation for himself, in which case the chair shall require the deposit with the chair of such securities as the chair may deem necessary of the kind prescribed in subdivisions one, two, three, four and five, and subparagraph (a) of paragraph three of subdivision seven of section two hundred thirty-five of the banking law, or the deposit of cash, or the filing of irrevocable letters of credit issued by a qualified banking institution as defined by rules promulgated by the chair or the filing of a bond of a surety company authorized to transact business in this state, in an amount to be determined by the chair, or the posting and filing as aforesaid of a combination of such securities, cash, irrevocable letters of credit and surety bond in an amount to be determined by the chair, to secure his liability to pay the compensation provided in this chapter. Any such surety bond must be approved as to form by the chair. If an employer posts and files a combination of securities, cash, irrevocable letters of credit and surety bond as aforesaid, and if it becomes necessary to use the same to pay the compensation provided in this chapter, the chair shall first use such securities or cash or irrevocable letters of credit and, when the full amount thereof has been exhausted, he shall then require the surety to pay forthwith to the chair all or any part of the penal sum of the bond for that purpose. The chair may also require an agreement on the part of the employer to pay any awards commuted under section twenty-seven [[[New_York_Labor_Codes_27| 27]]] of this chapter, into the special fund of the state fund, as a condition of his being allowed to remain uninsured pursuant to this section. The chair shall have the authority to deny the application of an employer to pay such compensation for himself or to revoke his consent furnished, under this section at any time, for good cause shown. The employer qualifying under this subdivision shall be known as a self-insurer.

If for any reason the status of an employer under this subdivision is terminated, the securities or the surety bond, or the securities, cash, or irrevocable letters of credit and surety bond, on deposit referred to herein shall remain in the custody of the chair for a period of at least twenty-six months. At the expiration of such time or such further time period as thechair may deem proper and warranted under the circumstances, and so designates, the chair may accept in lieu thereof, and for the additional purpose of securing such further and future contingent liability as may arise from prior injuries to workers and be incurred by reason of any change in condition of such workers warranting the board making subsequent awards for payment of additional compensation, a policy of insurance furnished by the employer, his heirs or assigns or others carrying on or liquidating such business. Such policy shall be in a form approved by the superintendent of insurance and issued by the state fund or any insurance company licensed to issue this class of insurance in this state. It shall only be issued for a single complete premium payment in advance by the employer. It shall be given in an amount to be determined by the chair and when issued shall be non-cancellable for any cause during the continuance of the liability secured and so covered. The board will report to the governor and the legislature on or before December first, two thousand seven, as to the advisability and feasibility of

(1) implementing a statewide self-insured employer bond program, and

(2) an improved individual employer bond program.

3-a. Group self-insurance.

(1) Definitions. As used in this chapter the term "employers" shall include:

(a) employers with related activity in a given industry which shall include municipal corporations as that term is defined in sections two and six-n of the general municipal law, employing persons who perform work in connection with the given industry,

(b) an incorporated or unincorporated association or associations consisting exclusively of such employers provided they employ persons who perform such related work in the given industry, and

(c) a combination of employers as described in subparagraph (a) hereof and an association or associations of employers as described in subparagraph (b) hereof.

(2) Any group consisting exclusively of such employers may adopt a plan for self-insurance, as a group, for the payment of compensation under this chapter to their employees. Under such plan the group shall assume the liability of all the employers within the group and pay all compensation for which the said employers are liable under this chapter, except that in the case of municipal corporations as herein defined no proof of financial ability or deposit of securities or cash need be made in compliance with this subdivision. Where such plan is adopted the group shall furnish satisfactory proof to the chairman of its financial ability to pay such compensation for the employers in the industry covered by it, its revenues, their source and assurance of continuance. The chairman shall require the deposit with the chairman of such securities as may be deemed necessary of the kind prescribed in subdivisions one, two, three, four and five, and paragraph a of subdivision seven of section two hundred thirty-five of the banking law or the deposit of cash or the filing of irrevocable letters of credit issued by a qualified banking institution as defined by rules promulgated by the chairman or the filing of a bond of a surety company authorized to transact business in this state, in an amount to be determined to secure its liability to pay the compensation of each employer as above provided in accordance with the provisions of paragraph d of subdivision five of this section. Such surety bond must be approved as to form by the chairman. The chairman may also require that any and all agreements, contracts and other pertinent documents relating to the organization of the employers in the group shall be filed with him at the time the application for group self-insurance is made. Such application shall be on a form prescribed by the chairman. The chairman may also require an agreement on the part of said group to pay any awards commuted under section twenty-seven [[[New_York_Labor_Codes_27| 27]]] of this chapter into the aggregate trust fund as a condition of its being allowed to operate as a group self-insurer pursuant to this subdivision. The chairman shall have the authority to deny the application of the group to pay such compensation or to revoke his consent furnished under this section at any time for good cause shown. The group qualifying under this subdivision shall be known as a self-insurer.

(3) An employer participating in group self-insurance shall not be relieved from the liability for compensation prescribed by this chapter except by the payment thereof by the group self-insurer or by himself. As between the employee and the group self-insurer, notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge, as the case may be, on the part of the group self-insurer; jurisdiction of the employer shall, for the purpose of this chapter, be jurisdiction of the group self-insurer and such group self-insurer shall in all things be bound by and subject to the orders, findings, decisions or awards rendered against the participating employer for the payment of compensation under the provisions of this chapter. The insolvency or bankruptcy of a participating employer shall not relieve the group self-insurer from the payment of compensation for injuries or death sustained by an employee during the time the employer was a participant in such group self-insurance. The group self-insurer shall promptly notify the chairman, on a prescribed form, of the addition of any participating employer or employers. Notice of termination of a participating employer shall not be effective until at least ten days after notice of such termination, on a prescribed form, has been either filed in the office of the chairman or sent by certified or registered letter, return receipt requested, and also served in like manner upon the employer.

(4) Each group self-insurer, in its application for self-insurance, shall set forth the names and addresses of each of its officers, directors, trustees and general manager. Notice of any change in the officers, directors, trustees or general manager shall be given to the chairman within ten days thereof. No officer, director, trustee or employee of the group self-insurer may represent or participate directly or indirectly on behalf of an injured worker or his dependents in any workmen's compensation proceeding. All employees of employers participating in group self-insurance shall be and are deemed to be included under the group self-insurance plan.

(5) If for any reason, the status of a group self-insurer under this subdivision is terminated, the securities or cash or the surety bond on deposit referred to herein shall remain in the custody of the chairman for a period of at least twenty-six months. At the expiration of such time or such further period as the chairman may deem proper and warranted, he may accept in lieu thereof, and for the additional purpose of securing such further and future contingent liability as may arise from prior injuries to workers and be incurred by reason of any change in the condition of such workers warranting the board making subsequent awards for payment of additional compensation, a policy of insurance furnished by the group self-insurer, its successor or assigns or others carrying on or liquidating such self-insurance group. Such policy shall be in a form approved by the superintendent of insurance and issued by the state fund or any insurance company licensed to issue this class of insurance in this state. It shall only be issued for a single complete premium payment in advance by the group self-insurer. It shall be given in an amount to be determined by the chairman and when issued shall be noncancellable for any cause during the continuance of the liability secured and so covered.

(6) All the provisions of this chapter relating to self-insurance and the rules and regulations promulgated thereunder shall be deemed applicable to group self-insurance. The chairman shall implement the provisions of this subdivision by promulgating reasonable rules and regulations.

3-b. (a) Except as provided in subdivision three-d of this section, no person, firm or corporation, other than an attorney and counsellor-at-law, shall solicit the business of representing, or engage in representing self-insurers, as defined in subdivision three of this section, before the board or any officer, agent or employee of the board assigned to conduct any hearing, investigation or inquiry relative to a claim for compensation or benefits under this chapter, unless he shall be a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, or a corporation organized under the laws of the state of New York, and shall have obtained from the board a license authorizing him to appear in matters or proceedings before the board. Such license shall be issued by the board in accordance with the rules established by it. Any person, firm or corporation violating the aforesaid provisions shall be guilty of a misdemeanor.

(b) The board, in its rules, may provide for the issuance of licenses to persons, firms or corporations, upon such proof of character and fitness as it may deem necessary, and may provide for a license fee in an amount not exceeding one hundred dollars a year, and an authorization fee in an amount not exceeding one hundred dollars a year for each designated representative, and for the giving of a bond running to the people of the state of New York, conditioned upon the faithful performance of all duties required of such person, firm or corporation, and in an amount to be fixed by the board in its rules. Such bond shall be approved by the board as to form and sufficiency and shall be filed with it. All license and authorization fees collected under the provisions of this section shall be paid into the state treasury.

(c) There shall be maintained in each office of the board a registry or list of all persons to whom licenses have been issued, as provided herein, which list shall be corrected as often as licenses are issued or revoked. Absence of record of the license issued, as herein provided, shall be prima facie evidence that a person, firm or corporation is not licensed to represent self-insurers.

(d) Any such license may be revoked by the board for cause after a hearing before it.

(e) No license shall be issued hereunder for a period longer than three years from the date of its issuance. The provisions of this section shall not apply to a regular employee of a self-insured employer or to the state insurance fund acting in accordance with an insuring agreement with the state as authorized pursuant to the provisions of section eighty-eight-c [[[New_York_Labor_Codes_88-c| 88-c]]] of this chapter.

3-c. Notwithstanding any provision in this chapter or in any general, special or local law contained, all cash and securities deposited with the chairman by an employer who is a party or a wholly owned subsidiary of a party to a plan heretofore or hereafter adopted under article seven of the public service law by the transit commission-- metropolitan division of the department of public service, and who is, or at the time of the consummation of such plan was, a self-insurer under this chapter, may be withdrawn upon, or at any time after, the consummation of such plan as hereinafter provided. All cash and securities deposited by any such employer with and held by the chairman may be withdrawn upon, or at any time after, the consummation of such plan where any city which is a party thereto and which is a self-insurer under this chapter assumes all liabilities of or claims against such employer under this chapter, as follows:

(a), where such plan provides that such city shall acquire, or that such employer or his assigns shall retain, all the right and interest of such employer in the deposited cash and securities, the chairman shall surrender and deliver such cash and securities to such city or to such employer or his assigns, as the case may be, upon its demand, and

(b), where such plan provides that such city and such employer, or his assigns, shall each retain some right and interest in such cash and securities, the chairman shall surrender and deliver such cash and securities to such city and to such employer or his assigns upon their joint demand as shall be specified therein.

3-d. The state insurance fund, an insurance company duly authorized or licensed to write workers' compensation insurance in this state, a subsidiary or an affiliate of such an insurance company, or a licensed or authorized adjusting company or association may apply for a license from the board to solicit the business of representing and engage in representing self-insurers, as defined in subdivision three of this section, before the board or any officer, agent or employee of the board assigned to conduct any hearing, investigation or inquiry relative to a claim for compensation or benefits under this chapter. Any corporation formed solely for the purpose of engaging in the activities described by this subdivision shall be formed under the laws of the state of New York. The state insurance fund, an insurance company, its subsidiary or affiliate, or such adjusting company or association shall designate those employees who are to appear in matters or proceedings before the board on behalf of self-insurers. Such employees shall obtain an authorization from the board. Upon application to the board for such authorization all such employees who, on the effective date of this subdivision, have been appearing in matters or proceedings before the board on behalf of insurers for a period of at least two years shall automatically receive a temporary authorization from the board. Such temporary authorization shall remain in effect until the applicant employee has been granted or denied final authorization by the board. The board in its rules shall provide for the issuance of authorizations to such employees and other designated employees. If the board, in its rules, provides for the issuance of authorization to persons, firms or corporations under subdivision three-b of this section upon such proof of character and fitness as it may deem necessary, the same proof of character and fitness shall be required for an authorization issued under this subdivision. The state insurance fund, an insurance company duly authorized or licensed to write workers' compensation insurance in this state, a subsidiary or an affiliate of such an insurance company, or a licensed or authorized adjusting company or association shall apply to the board for the issuance of a license upon such proof of character and fitness as the board may deem necessary. Such proof of character and fitness shall be the same as that required by the board of persons, firms or corporations under subdivision three-b of this section. If the board charges a fee for a license issued under subdivision three-b of this section, the same amount shall be charged for a license issued under this subdivision. If the board requires for the giving of a bond running to the people of the state of New York, conditioned upon the faithful performance of all duties required of such person, firm, or corporation licensed under subdivision three-b of this section, the same shall be required for a license under this subdivision. Such bond shall be approved by the board as to form and sufficiency and shall be filed with it. All license and authorization fees collected under the provisions of this subdivision shall be paid into the state treasury. Any person, insurance company, its subsidiary or affiliate, or adjusting company or association which violates the aforesaid provisions of this paragraph shall be guilty of a misdemeanor. There shall be maintained in each office of the board a registry list of all persons to whom authorizations and licenses have been issued as provided herein, which list shall be corrected as often as authorizations and licenses are issued or revoked. Absence of record of the authorization or license issued, as herein provided, shall be prima facie evidence that a person, firm or corporation is not authorized or licensed to represent self-insurers. Any such authorization or license may be revoked by the board for cause after a hearing before it. No authorization or license shall be issued hereunder for a period longer than three years from the date of its issuance. The board shall make rules pertaining to when conflicts of interest arise in individual cases which shall apply to those who are licensed or authorized to represent self-insurers under subdivision three-b of this section or under this subdivision. The provisions of article twenty-four of the insurance law, insofar as applicable, shall apply to the state insurance fund, insurance companies, their subsidiaries and affiliates or adjusting companies or associations in their activities representing self-insurers before the board.

3-e. (a) The state insurance fund and any other insurer that issues policies of workers' compensation insurance shall offer at the option of the policyholder a deductible for benefits payable under a workers' compensation policy with an annual premium of twelve thousand dollars or more, if in the opinion of the state insurance fund or such other insurer the policyholder meets the eligibility requirements of paragraph (b) of this subdivision.

(b) A policyholder is eligible for a policy deductible for any renewal period of the policy if such policyholder has paid the entire billed premium on the policy for all policy periods within forty-five days of each billing for the past three years. A policyholder will continue to be eligible for a deductible provided that no part of any premium is more than forty-five days overdue from the date billed or reimbursement for any deductible amount is unpaid by the policyholder to such insurer. The state insurance fund or any other insurer that has issued a policy with a deductible may revoke the policyholder's entitlement to a deductible if the policyholder fails to reimburse any deductible amounts, or pay any billed premium, within forty-five days after such reimbursement or premium payment has become due. Upon such revocation of a policyholder's entitlement to a deductible, the policyholder shall be entitled to cancel such policy and such policyholder will forfeit eligibility for entitlement to a deductible as provided above.

(c) Deductibles shall be offered by the state insurance fund or any other insurer in writing to eligible policyholders at the beginning of policy periods, in the amounts of one hundred dollars, two hundred dollars, three hundred dollars, four hundred dollars and five hundred dollars, and thereafter, in increments of five hundred dollars up to a maximum of two thousand five hundred dollars per occurrence. The eligible policyholder shall select, in writing, only one deductible amount which shall be binding on such policyholder throughout the policy period.

(d) If the policyholder selects a deductible under paragraph (c) of this subdivision, workers' compensation benefits payable under the policy shall be paid by the state insurance fund or other insurer liable under the policy to the person or provider entitled to such benefits without regard to any deductible applied to such policy. Upon payment of benefits on a claim up to or exceeding the deductible amount, the state insurance fund or other insurer shall be entitled to bill the policyholder for reimbursement up to the deductible amount. A policyholder's failure to pay billed deductible reimbursement amounts to the state insurance fund or other insurer under this paragraph shall be treated in the same manner as non-payment of premium and render the policy cancelable in accordance with the provisions of subdivision five of section fifty-four [[[New_York_Labor_Codes_54| 54]]] of this article. The deductibles paid by the insured employer during any one year period of the policy of insurance shall not exceed the annual premium for such policy of insurance.

(e) Premium reductions, in accordance with methodology approved by the superintendent of insurance shall be applied to any policy written with a deductible. Such premium reductions shall be determined before the application of any experience modification premium surcharge or premium discount.

(f) The New York workers' compensation rating board shall file for appropriate premium discounts subject to the approval of the superintendent of insurance.

(g) The state insurance fund, any other insurer or any group self-insurer for municipal corporations as defined in subdivision three-a of this section may, at its option, offer a deductible in an amount specified in paragraph (c) of this subdivision to any policyholder who is not otherwise eligible for a deductible under this subdivision.

4. a. A county, city, village, town, school district, fire district or other political subdivision of the state may secure compensation to its employees in accordance with subdivision one, two or three-a of this section, and a public corporation as defined in subdivision one of section sixty [[[New_York_Labor_Codes_60| 60]]] of this chapter may also secure such compensation in accordance with article five of this chapter. If compensation is not so secured, a county, city, village, town, school district, fire district or other political subdivision shall be deemed to have elected to secure compensation pursuant to subdivision three of this section and, in such case, no proof of financial ability or deposit of securities or cash need be made in compliance with such subdivision. All other requirements prescribed by this chapter for employers so electing shall be complied with and notice of such election shall be filed with the chair. For failure to file such notice of election, prescribed in form by the chair, within ten days after the election was made, the treasurer or other financial officer shall be liable to pay to the chair the sum of one hundred dollars as a penalty, to be transferred to the state treasury.

b. The treasurer or other fiscal officer of a self-insuring county, city, village, town, school district, fire district or other political subdivision shall, upon presentation of an award of compensation forthwith begin payment of it to the person entitled thereto in accordance with this chapter.

c. The governing board of a county, city, village, town, school district, fire district or other political subdivision may authorize the treasurer or other fiscal officer of such municipal corporation, district or political subdivision, as the case may be, to pay the compensation provided for in this chapter to the person entitled thereto without waiting for an award in any case in the manner provided in section twenty-five [[[New_York_Labor_Codes_25| 25]]] of this chapter. The amount of such compensation payable prior to an award pursuant to such authorization shall constitute a settled claim within the meaning of the local finance law.

d. A contract of insurance issued to a county or a town in accordance with subdivision one or two of this section and in force on or after the first day of March, nineteen hundred sixty-three, in relation to fire districts and on or after the first day of January, in the year in which this paragraph as hereby amended becomes effective in relation to ambulance districts shall contain a provision reading as follows: "This contract does not provide

(1) any coverage under the Workers' Compensation Law or the Volunteer Firefighters' Benefit Law or the Volunteer Ambulance Workers' Benefit Law for which any fire district or ambulance district would be liable under such laws,

(2) any workers' compensation benefits for fire or ambulance district officers and employees for which any fire district or ambulance district would be liable under the Workers' Compensation Law, or

(3) any volunteer firefighters' or ambulance workers' benefits for any volunteer firefighters or volunteer ambulance workers under the Volunteer Firefighters' Benefit Law or the Volunteer Ambulance Workers' Benefit Law".

5. Self-insurance. "Self-insurance," as used herein, shall be deemed to be the system of securing compensation as provided in subdivisions three, three-a and four of this section, and article five of this chapter.

a. The chairman shall administer all matters relating to self-insurance under this chapter. The chairman shall assign each self-insurer, qualified under this section, or article five of this chapter, to one of the following groups:

(1) manufacturing and trade, including mining and quarrying;

(2) transportation, public utilities and construction;

(3) political subdivision;

(4) miscellaneous.

b. Advisory committee for self-insurance. To advise the chairman, there shall be an advisory committee for self-insurance, which shall consist of seven members appointed by the chairman. Three of such members shall be named from the manufacturing and trade group of self-insurance, three from the transportation, public utilities and construction group, and one member shall be a self-insurer selected at large by the chairman, who shall be vice-chairman of the advisory committee. The chairman shall be an additional member of the advisory committee and act as chairman thereof; the secretary of the board shall act as secretary of the advisory committee. Any member appointed to such advisory committee shall be a self-insurer or an officer of a self-insurer or a person who on account of his employment or affiliation can be classed as a management representative of a self-insurer. The members of the advisory committee for self-insurance in office at the time this subdivision takes effect, shall be and they are hereby continued in office as such for the remainder of the terms for which they were appointed respectively, of which, three terms expire on June thirtieth, nineteen hundred sixty; three terms expire on June thirtieth, nineteen hundred sixty-one and one term expires on June thirtieth, nineteen hundred sixty-two. The members of the advisory committee for self-insurance next appointed, except to fill a vacancy created otherwise than by expiration of term, shall be appointed for terms of three years. Vacancies shall be filled for the unexpired term by appointment by the chairman. Members shall continue in office until their successors are appointed; in the event that no appointment is made within three months after a vacancy exists or after the expiration of the term of a member, the remaining members may fill the vacancy by a majority vote. If a member shall be absent from two consecutive regular meetings without adequate excuse his place may be declared vacant by the chairman. Members of such advisory committee shall serve without pay, but shall be entitled to their reasonable and necessary traveling and other expenses incurred in connection with their duties. Regular meetings of the advisory committee shall be held twice a year, in the second and fourth quarter thereof, respectively, on dates to be fixed by the chairman. In addition, special meetings shall be held if called by the chairman or any three members of the committee. Such advisory committee shall have access to all self-insurance records and shall have the power to require the presence before it of any employee of the board or any self-insurer. Information obtained by members of the advisory committee shall be deemed confidential unless disclosed by order of the committee. It shall be the duty of the advisory committee to advise the chairman on all matters relating to self-insurance, particularly in respect to rules governing self-insurance, the deposit or withdrawal of securities, and on such other matters as the chairman shall request. The chairman shall detail to such advisory committee such stenographic or other assistance as may be necessary.

c. The chair and the department of audit and control as soon as practicable after May first, nineteen hundred sixty, and annually thereafter, as soon as practicable after April first in each succeeding year, shall ascertain the total amount of expenses, including in addition to the direct costs of personal services, the cost of maintenance and operation, the cost of retirement contributions made and workers' compensation premiums paid by the State for or on account of personnel, rentals for space occupied in state owned or state leased buildings, and all direct or indirect costs incurred by the board during the preceding fiscal year in carrying out the provisions of subdivision three of this section. Such expenses shall be assessed against all self-insurers including for this purpose employers who have ceased to exercise the privilege of self-insurance. The basis of apportionment of the assessment against each self-insurer shall be a sum equal to that proportion of the amount which the pure premium calculation for each self-insurer bore to the total pure premium calculation for all self-insurers for the calendar year which ended within the preceding state fiscal year. For purposes of this section "pure premium calculation" means the New York state annual payroll as of December thirty-first of the preceding year by class code for each individually self-insured employer or employer member of a group self-insurer multiplied by the applicable rate for each class code as determined by the workers' compensation rating board in effect on December thirty-first of the preceding year. All such assessments when collected shall be deposited into a fund which shall be used to reimburse the appropriations theretofore made by the state for the payment of the expenses of administering this chapter.

d. For the purposes only of subdivision three-a of this section concerning group self-insurance plans, the amount of deposit of securities, irrevocable letters of credit or cash or the amount of a bond to be filed pursuant to such subdivision shall be jointly determined by the chairman and the superintendent of insurance. The chairman may from time to time request the superintendent of insurance for such other assistance, and the superintendent of insurance is hereby authorized to render such assistance upon request of the chairman, as may be necessary to insure the financial ability of such groups to pay compensation for the employers in the industries covered by such plans.

e. Notwithstanding the provisions of paragraph c of this subdivision, the chairman shall require that partial payments for expenses of the fiscal year beginning April first, nineteen hundred eighty-three, and for each fiscal year thereafter shall be made on March tenth of the preceding fiscal year and on June tenth, September tenth, and December tenth of each year, or on such other dates as the director of the budget may prescribe, by each self-insurer. Provided, however, that the payment due March tenth, nineteen hundred eighty-three for the fiscal year beginning April first, nineteen hundred eighty-three shall not be required to be paid until June tenth, nineteen hundred eighty-three. Each such payment shall be a sum equal to twenty-five per centum of the annual expenses assessed upon each self-insurer, as estimated by the chair. The balance of assessments for the fiscal year beginning April first, nineteen hundred seventy-three and each fiscal year thereafter, shall be paid upon determination of the actual amount due in accordance with the provisions of paragraph c of this subdivision. Any overpayment of annual assessments resulting from the requirements of this paragraph shall be refunded or at the option of the chair shall be applied as a credit against the assessment of the succeeding fiscal year. The requirements of this subdivision shall not apply to those self-insurers whose estimated annual assessment for the fiscal year is less than one hundred dollars and such self-insurers shall make a single payment of the estimated annual assessment on or before September thirtieth of the fiscal year.

  • f. Whenever the chairman shall determine that the compensation and benefits provided by this chapter may be unpaid by reason of the default of an insolvent private self-insured employer, the chairman shall pay such compensation and benefits from administration expenses as provided in section one hundred fifty-one [[[New_York_Labor_Codes_151| 151]]] of this chapter upon audit and warrant of the comptroller upon vouchers approved by the chairman. Such payments shall be considered expenses of administration. The chairman shall be reimbursed therefor from the surety bond, cash or securities held or, if such surety bond, securities or cash is insufficient, by the employer, its receiver, liquidator, rehabilitator or trustee in bankruptcy. All moneys reimbursed to the chairman or recovered by the chairman in an action or proceeding to secure such reimbursement shall forthwith be applied as a credit against the expenses on which the assessment levied upon all private self-insured employers, in accordance with paragraphs c and e of this subdivision, is calculated.
  • NB (Ch. 467/1988) -- There are two part f's
  • f. Whenever the chairman shall determine that the compensation and benefits provided by this chapter may be unpaid by reason of the default of an insolvent private self-insured employer and the penal sum of the surety bond and or the securities or irrevocable letters of credit or cash held on its behalf by the chairman are about to become exhausted, the chairman shall levy an assessment against all private self-insured employers in accordance with paragraphs c and e of this subdivision to assure prompt payment of such compensation and benefits. Whenever compensation and benefits are unpaid by reason of such default, the chairman shall promptly pay such compensation and benefits from administration expenses as provided in section one hundred fifty-one [[[New_York_Labor_Codes_151| 151]]] of this chapter upon audit and warrant of the comptroller upon vouchers approved by the chairman.
  • NB (Ch. 468/1988) -- There are two part f's

6. Any policy of insurance purchased pursuant to the provisions of this subdivision six as in effect prior to the first day of March, nineteen hundred fifty-seven, shall be cancelled prior to, or as of, the twenty-eighth day of February, nineteen hundred fifty-seven. The cost of such insurance shall be apportioned by the clerk of the board of supervisors of the county to each such city, village, fire district, fire protection district, fire alarm district, and territory outside such municipal corporations and districts, in the proportion that the agreed population bears to the entire population of the group. Refunds, dividends and discounts in relation to such insurance shall be distributed or credited according to the same apportionment. Upon notification by the clerk of the board of supervisors, the chief fiscal officer of each such city, village or fire district shall pay to the county treasurer, from moneys available or made available, the amount apportioned to such city, village or district. Upon like notification, the supervisor of each town in which a fire protection district or fire alarm district is located in whole or in part, or in which outside territory is located, shall pay to the county treasurer the amount apportioned for such district, in whole or in part, or territory, as the case may be, using moneys raised or made available for the purposes of fire protection in such district or outside territory, or if there be no such moneys or insufficient moneys, using funds of the town available or made available, which funds shall be a charge upon such district or territory for which the town shall be reimbursed. The county treasurer shall pay the cost of such insurance with such moneys, or if any apportioned share has not been paid, the county treasurer shall advance the amount necessary from moneys of the general fund upon resolution of the board of supervisors. Any such advance shall be repaid as soon as moneys are available therefor. If any apportioned share remains unpaid, the county may recover the same by action at law. If any member of the group shall fail to pay its apportioned share within thirty days after notice that such amount has become due and payable, the chairman of the board of supervisors may terminate the participation of such member in the group by notice by mail to such member on a date specified in the notice, and a copy of such notice shall be filed by the chairman of the board of supervisors with the insurance carrier, who shall notify the chairman of the workmen's compensation board of the termination of coverage in the same manner as provided for cancellation of policy under subdivision five of section fifty-four [[[New_York_Labor_Codes_54| 54]]] of this chapter. If any participating fire protection district or fire alarm district includes territory in more than one town, whether or not in more than one county, the amount of cost of insurance, refund, dividend or discount apportioned to such district shall be apportioned in the proportion that the population of the district within each such town bears to the population of the entire district. The figure used for population in such case shall be the one stated in the agreement.

7. Any policy of insurance purchased pursuant to the provisions of this subdivision seven as in effect prior to the first day of March, nineteen hundred fifty-seven, shall be cancelled prior to, or as of, the close of the twenty-eighth day of February, nineteen hundred fifty-seven. The cost of such insurance shall be a town charge and shall be levied and collected in the same manner as other town charges only in the territory of such town outside of any villages and fire districts not covered by such a policy.

8. The requirements of section ten [[[New_York_Labor_Codes_10| 10]]] of this chapter regarding the provision of workers' compensation insurance as to owners and trainers governed by the racing, pari-mutuel wagering and breeding law who are employers under section two [[[New_York_Labor_Codes_2| 2]]] of this chapter are satisfied in full by compliance with the requirements imposed upon owners and trainers by section two hundred thirteen-a of the racing, pari-mutuel wagering and breeding law, provided that in the event double compensation, death benefits, or awards are payable with respect to an injured employee under section fourteen-a of this chapter, the owner or trainer for whom the injured jockey, apprentice jockey or exercise person is performing services as a jockey, apprentice jockey or exercise person at the time of the accident shall bear the sole responsibility for the amount payable pursuant to such section fourteen-a [[[New_York_Labor_Codes_14-a| 14-a]]] in excess of the amount otherwise payable under this chapter, unless there shall be a failure of the responsible owner or trainer to pay such award within the time provided under this chapter. In the event of such failure to pay and the board requires the fund to pay the award on behalf of such owner or trainer who has been found to have violated section fourteen-a [[[New_York_Labor_Codes_14-a| 14-a]]], the fund shall be entitled to an award against such owner or trainer for the amount so paid which shall be collected in the same manner as an award of compensation. Coverage directly procured by any owner or trainer for the purpose of satisfying the requirements of this chapter with respect to employees of the owner or trainer shall not include coverage on any jockey, apprentice jockey or exercise person to the extent that the jockey, apprentice jockey or exercise person is also covered under coverage procured by The New York Jockey Injury Compensation Fund, Inc. pursuant to the requirements of section two hundred thirteen-a of the racing, pari-mutuel wagering and breeding law, and to that extent, coverage procured by the fund pursuant to the requirements of the racing, pari-mutuel wagering and breeding law shall be considered primary.

9. The requirements of sections ten [[[New_York_Labor_Codes_10| 10]]] and eleven [[[New_York_Labor_Codes_11| 11]]] of this chapter regarding the securing and provision of workers' compensation benefits as to a central dispatch facility, as defined in article six-F of the executive law, are satisfied in full by compliance with the requirements imposed upon such central dispatch facility by such article. Insurance coverage directly procured by any central dispatch facility for the purpose of satisfying the requirements of this chapter with respect to employees of the central dispatch facility shall not include coverage of any black car operator to the extent that the black car operator is also covered under coverage secured by the New York black car operators' injury compensation fund, inc. pursuant to the requirements of article six-F of the executive law, and to that extent, coverage secured by the fund pursuant to the requirements of article six-F of the executive law shall be considered primary.

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