State Codes and Statutes

Statutes > New-york > Vaw > Article-4 > 60

§ 60. Administrative   expenses.  1.  The  chairman  of  the  workers'  compensation board and the department of audit and control, as  soon  as  practicable  after  April  first,  next succeeding the enactment of this  chapter, and annually as soon as practicable after April first  in  each  year thereafter, shall ascertain the total amount of expenses, including  in  addition  to  the  direct  costs  of  personal  service, 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, such additional sum as may be certified to  the  chairman  of  the  workers' compensation board and the department of audit and control  as a reasonable compensation for services rendered by the department  of  law  and  expenses  incurred by such department, and all other direct or  indirect costs, incurred  by  the  chairman  or  the  board  during  the  preceding  fiscal  year  in  connection  with the administration of this  chapter and in connection with the preparations for  the  taking  effect  thereof.  The  services  and  expenses  of  the  members,  employees and  officers of the board related to  this  chapter  and  such  preparations  shall  be  apportioned and included in the amount to be assessed. If any  officers or employees of the state perform duties directly which in part  are related to the administration of this chapter and such  preparations  and  in  part  not related thereto and if there are other expenses which  are incurred jointly in  connection  with  the  administration  of  this  chapter  and  such  preparations  and in activities not so connected, an  equitable apportionment shall be made and only  such  parts  thereof  as  apply  to the administration of this chapter and such preparations shall  be chargeable  to  the  administrative  expenses  as  provided  in  this  section.    2.  An itemized statement of the expenses so ascertained shall be open  to public inspection in the office of the chairman for thirty days after  notice to all carriers by publication, before an assessment may be  made  upon such carriers as hereinafter provided.    3.  The  expenses  of  administration,  including  such  expenses  for  preparation, for the fiscal years ending March thirty-first, in the year  of and the year  following  the  enactment  of  this  chapter  shall  be  consolidated and reimbursed by one assessment made after April first, in  the  year  following the year of enactment of this chapter. The chairman  shall as soon as practicable after April first, in  the  year  following  the year of enactment of this chapter, assess upon and collect from each  carrier  the  proportion  of  such  consolidated expenses for the fiscal  years ending March thirty-first, in the year of and the  year  following  the  enactment  of  this  chapter,  and  annually  thereafter as soon as  practicable after the close of each fiscal year the proportion  of  such  expenses for the preceding fiscal year, that the total indemnity benefit  payments  made  by such carrier in such year bore to the total indemnity  benefit payments made by all insurance carriers. The amounts so  secured  shall  be  used  to  reimburse  the  state  treasury  for appropriations  theretofore made by the state for the payment in the first  instance  of  the  expenses  of  administering this chapter and in connection with the  preparations for the taking effect thereof.    4. The board shall keep an accurate record of all hearings held. Where  the decision of a referee is affirmed by  the  board  upon  review,  the  board  shall  assess  against each insurance carrier seeking such review  the sum of twenty-five dollars and may assess against  any  other  party  the  sum of five dollars. These assessments shall be paid into the state  treasury.    5. The provisions of subdivision two of section one hundred  fifty-one  of the workers' compensation law shall not be applicable with respect tothe  apportionment  and assessment of the expenses of administering this  chapter, but shall be applicable with respect to the  apportionment  and  assessment  to  replenish  the  fund  for  reopened  cases under section  twenty-five-a  of the workers' compensation law and section fifty-one of  this article.    6. Assessments for the fund for reopened cases and for the  operations  of the workers' compensation board shall not constitute elements of loss  but  shall  for  recoupment  purposes  be  treated  as separate costs by  carriers. Carriers shall assess such costs  on  their  policyholders  in  accordance  with  rules  set forth by the New York workers' compensation  rating board, as approved by the superintendent of insurance.    7.  Notwithstanding  the  provisions  of  subdivision  three  of  this  section, the chair may require that partial payments for expenses of the  fiscal  year beginning April first, in the year of the enactment of this  chapter, and for each fiscal year thereafter,  shall  be  made  on  June  thirtieth, September thirtieth, December thirty-first and March tenth of  each  year,  or  on  such  other dates as the director of the budget may  prescribe, by each insurance  carrier,  including  the  state  insurance  fund.  Each  such payment shall be a sum equal to twenty-five per centum  of the annual expenses assessed upon each carrier, including  the  state  insurance  fund,  as  estimated by the chair. The balance of assessments  for the fiscal year beginning April first, in the year of the  enactment  of  this  chapter  and  each  fiscal year thereafter, shall be paid upon  determination of the actual amount due in accordance with the provisions  of  subdivision  three  of  this  section.  Any  overpayment  of  annual  assessments resulting from the requirements of this subdivision 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 carriers whose estimated  annual assessment is less than one hundred  dollars  and  such  carriers  shall  make  a  single  payment of the estimated annual assessment on or  before September thirtieth of the fiscal year.    8. Commencing with the fiscal year beginning April first, in the  year  following  the  year of the enactment of this chapter, the provisions of  subdivision six of this section shall be applicable to any county, city,  town, village or other political subdivision failing to secure insurance  pursuant to subdivisions eight  and  nine  of  section  thirty  of  this  chapter.

State Codes and Statutes

Statutes > New-york > Vaw > Article-4 > 60

§ 60. Administrative   expenses.  1.  The  chairman  of  the  workers'  compensation board and the department of audit and control, as  soon  as  practicable  after  April  first,  next succeeding the enactment of this  chapter, and annually as soon as practicable after April first  in  each  year thereafter, shall ascertain the total amount of expenses, including  in  addition  to  the  direct  costs  of  personal  service, 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, such additional sum as may be certified to  the  chairman  of  the  workers' compensation board and the department of audit and control  as a reasonable compensation for services rendered by the department  of  law  and  expenses  incurred by such department, and all other direct or  indirect costs, incurred  by  the  chairman  or  the  board  during  the  preceding  fiscal  year  in  connection  with the administration of this  chapter and in connection with the preparations for  the  taking  effect  thereof.  The  services  and  expenses  of  the  members,  employees and  officers of the board related to  this  chapter  and  such  preparations  shall  be  apportioned and included in the amount to be assessed. If any  officers or employees of the state perform duties directly which in part  are related to the administration of this chapter and such  preparations  and  in  part  not related thereto and if there are other expenses which  are incurred jointly in  connection  with  the  administration  of  this  chapter  and  such  preparations  and in activities not so connected, an  equitable apportionment shall be made and only  such  parts  thereof  as  apply  to the administration of this chapter and such preparations shall  be chargeable  to  the  administrative  expenses  as  provided  in  this  section.    2.  An itemized statement of the expenses so ascertained shall be open  to public inspection in the office of the chairman for thirty days after  notice to all carriers by publication, before an assessment may be  made  upon such carriers as hereinafter provided.    3.  The  expenses  of  administration,  including  such  expenses  for  preparation, for the fiscal years ending March thirty-first, in the year  of and the year  following  the  enactment  of  this  chapter  shall  be  consolidated and reimbursed by one assessment made after April first, in  the  year  following the year of enactment of this chapter. The chairman  shall as soon as practicable after April first, in  the  year  following  the year of enactment of this chapter, assess upon and collect from each  carrier  the  proportion  of  such  consolidated expenses for the fiscal  years ending March thirty-first, in the year of and the  year  following  the  enactment  of  this  chapter,  and  annually  thereafter as soon as  practicable after the close of each fiscal year the proportion  of  such  expenses for the preceding fiscal year, that the total indemnity benefit  payments  made  by such carrier in such year bore to the total indemnity  benefit payments made by all insurance carriers. The amounts so  secured  shall  be  used  to  reimburse  the  state  treasury  for appropriations  theretofore made by the state for the payment in the first  instance  of  the  expenses  of  administering this chapter and in connection with the  preparations for the taking effect thereof.    4. The board shall keep an accurate record of all hearings held. Where  the decision of a referee is affirmed by  the  board  upon  review,  the  board  shall  assess  against each insurance carrier seeking such review  the sum of twenty-five dollars and may assess against  any  other  party  the  sum of five dollars. These assessments shall be paid into the state  treasury.    5. The provisions of subdivision two of section one hundred  fifty-one  of the workers' compensation law shall not be applicable with respect tothe  apportionment  and assessment of the expenses of administering this  chapter, but shall be applicable with respect to the  apportionment  and  assessment  to  replenish  the  fund  for  reopened  cases under section  twenty-five-a  of the workers' compensation law and section fifty-one of  this article.    6. Assessments for the fund for reopened cases and for the  operations  of the workers' compensation board shall not constitute elements of loss  but  shall  for  recoupment  purposes  be  treated  as separate costs by  carriers. Carriers shall assess such costs  on  their  policyholders  in  accordance  with  rules  set forth by the New York workers' compensation  rating board, as approved by the superintendent of insurance.    7.  Notwithstanding  the  provisions  of  subdivision  three  of  this  section, the chair may require that partial payments for expenses of the  fiscal  year beginning April first, in the year of the enactment of this  chapter, and for each fiscal year thereafter,  shall  be  made  on  June  thirtieth, September thirtieth, December thirty-first and March tenth of  each  year,  or  on  such  other dates as the director of the budget may  prescribe, by each insurance  carrier,  including  the  state  insurance  fund.  Each  such payment shall be a sum equal to twenty-five per centum  of the annual expenses assessed upon each carrier, including  the  state  insurance  fund,  as  estimated by the chair. The balance of assessments  for the fiscal year beginning April first, in the year of the  enactment  of  this  chapter  and  each  fiscal year thereafter, shall be paid upon  determination of the actual amount due in accordance with the provisions  of  subdivision  three  of  this  section.  Any  overpayment  of  annual  assessments resulting from the requirements of this subdivision 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 carriers whose estimated  annual assessment is less than one hundred  dollars  and  such  carriers  shall  make  a  single  payment of the estimated annual assessment on or  before September thirtieth of the fiscal year.    8. Commencing with the fiscal year beginning April first, in the  year  following  the  year of the enactment of this chapter, the provisions of  subdivision six of this section shall be applicable to any county, city,  town, village or other political subdivision failing to secure insurance  pursuant to subdivisions eight  and  nine  of  section  thirty  of  this  chapter.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Vaw > Article-4 > 60

§ 60. Administrative   expenses.  1.  The  chairman  of  the  workers'  compensation board and the department of audit and control, as  soon  as  practicable  after  April  first,  next succeeding the enactment of this  chapter, and annually as soon as practicable after April first  in  each  year thereafter, shall ascertain the total amount of expenses, including  in  addition  to  the  direct  costs  of  personal  service, 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, such additional sum as may be certified to  the  chairman  of  the  workers' compensation board and the department of audit and control  as a reasonable compensation for services rendered by the department  of  law  and  expenses  incurred by such department, and all other direct or  indirect costs, incurred  by  the  chairman  or  the  board  during  the  preceding  fiscal  year  in  connection  with the administration of this  chapter and in connection with the preparations for  the  taking  effect  thereof.  The  services  and  expenses  of  the  members,  employees and  officers of the board related to  this  chapter  and  such  preparations  shall  be  apportioned and included in the amount to be assessed. If any  officers or employees of the state perform duties directly which in part  are related to the administration of this chapter and such  preparations  and  in  part  not related thereto and if there are other expenses which  are incurred jointly in  connection  with  the  administration  of  this  chapter  and  such  preparations  and in activities not so connected, an  equitable apportionment shall be made and only  such  parts  thereof  as  apply  to the administration of this chapter and such preparations shall  be chargeable  to  the  administrative  expenses  as  provided  in  this  section.    2.  An itemized statement of the expenses so ascertained shall be open  to public inspection in the office of the chairman for thirty days after  notice to all carriers by publication, before an assessment may be  made  upon such carriers as hereinafter provided.    3.  The  expenses  of  administration,  including  such  expenses  for  preparation, for the fiscal years ending March thirty-first, in the year  of and the year  following  the  enactment  of  this  chapter  shall  be  consolidated and reimbursed by one assessment made after April first, in  the  year  following the year of enactment of this chapter. The chairman  shall as soon as practicable after April first, in  the  year  following  the year of enactment of this chapter, assess upon and collect from each  carrier  the  proportion  of  such  consolidated expenses for the fiscal  years ending March thirty-first, in the year of and the  year  following  the  enactment  of  this  chapter,  and  annually  thereafter as soon as  practicable after the close of each fiscal year the proportion  of  such  expenses for the preceding fiscal year, that the total indemnity benefit  payments  made  by such carrier in such year bore to the total indemnity  benefit payments made by all insurance carriers. The amounts so  secured  shall  be  used  to  reimburse  the  state  treasury  for appropriations  theretofore made by the state for the payment in the first  instance  of  the  expenses  of  administering this chapter and in connection with the  preparations for the taking effect thereof.    4. The board shall keep an accurate record of all hearings held. Where  the decision of a referee is affirmed by  the  board  upon  review,  the  board  shall  assess  against each insurance carrier seeking such review  the sum of twenty-five dollars and may assess against  any  other  party  the  sum of five dollars. These assessments shall be paid into the state  treasury.    5. The provisions of subdivision two of section one hundred  fifty-one  of the workers' compensation law shall not be applicable with respect tothe  apportionment  and assessment of the expenses of administering this  chapter, but shall be applicable with respect to the  apportionment  and  assessment  to  replenish  the  fund  for  reopened  cases under section  twenty-five-a  of the workers' compensation law and section fifty-one of  this article.    6. Assessments for the fund for reopened cases and for the  operations  of the workers' compensation board shall not constitute elements of loss  but  shall  for  recoupment  purposes  be  treated  as separate costs by  carriers. Carriers shall assess such costs  on  their  policyholders  in  accordance  with  rules  set forth by the New York workers' compensation  rating board, as approved by the superintendent of insurance.    7.  Notwithstanding  the  provisions  of  subdivision  three  of  this  section, the chair may require that partial payments for expenses of the  fiscal  year beginning April first, in the year of the enactment of this  chapter, and for each fiscal year thereafter,  shall  be  made  on  June  thirtieth, September thirtieth, December thirty-first and March tenth of  each  year,  or  on  such  other dates as the director of the budget may  prescribe, by each insurance  carrier,  including  the  state  insurance  fund.  Each  such payment shall be a sum equal to twenty-five per centum  of the annual expenses assessed upon each carrier, including  the  state  insurance  fund,  as  estimated by the chair. The balance of assessments  for the fiscal year beginning April first, in the year of the  enactment  of  this  chapter  and  each  fiscal year thereafter, shall be paid upon  determination of the actual amount due in accordance with the provisions  of  subdivision  three  of  this  section.  Any  overpayment  of  annual  assessments resulting from the requirements of this subdivision 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 carriers whose estimated  annual assessment is less than one hundred  dollars  and  such  carriers  shall  make  a  single  payment of the estimated annual assessment on or  before September thirtieth of the fiscal year.    8. Commencing with the fiscal year beginning April first, in the  year  following  the  year of the enactment of this chapter, the provisions of  subdivision six of this section shall be applicable to any county, city,  town, village or other political subdivision failing to secure insurance  pursuant to subdivisions eight  and  nine  of  section  thirty  of  this  chapter.