State Codes and Statutes

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

§ 60. Administrative  expenses.  1.  The  chairman  of  the  workmen's  compensation board and the department of audit and control, as  soon  as  practicable   after  April  first,  nineteen  hundred  fifty-seven,  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  workmen's  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 workmen's 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  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  ended  March  thirty-first,  nineteen  hundred   fifty-seven   and   nineteen   hundred  fifty-eight  shall  be  consolidated and reimbursed by one assessment made  after  April  first,  nineteen  hundred fifty-eight. The chairman shall as soon as practicable  after April first, nineteen hundred fifty-eight, assess upon and collect  from each carrier the proportion of such consolidated expenses  for  the  fiscal  years ended March thirty-first, nineteen hundred fifty-seven and  nineteen  hundred  fifty-eight,  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  one hundred dollars and may assess against any other party  the sum of twenty dollars. These assessments  shall  be  paid  into  the  state treasury.    5.  The provisions of subdivision two of section one hundred fifty-one  of the workmen's compensation law shall not be applicable  with  respect  to  the  apportionment  and  assessment of the expenses of administering  this chapter, but shall be applicable with respect to the  apportionmentand  assessment  to  replenish the fund for reopened cases under section  twenty-five-a of the workmen's compensation law and section fifty-one of  this chapter.    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, nineteen hundred seventy-two, 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, nineteen hundred seventy-two 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,  nineteen  hundred  seventy-three 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.

State Codes and Statutes

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

§ 60. Administrative  expenses.  1.  The  chairman  of  the  workmen's  compensation board and the department of audit and control, as  soon  as  practicable   after  April  first,  nineteen  hundred  fifty-seven,  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  workmen's  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 workmen's 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  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  ended  March  thirty-first,  nineteen  hundred   fifty-seven   and   nineteen   hundred  fifty-eight  shall  be  consolidated and reimbursed by one assessment made  after  April  first,  nineteen  hundred fifty-eight. The chairman shall as soon as practicable  after April first, nineteen hundred fifty-eight, assess upon and collect  from each carrier the proportion of such consolidated expenses  for  the  fiscal  years ended March thirty-first, nineteen hundred fifty-seven and  nineteen  hundred  fifty-eight,  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  one hundred dollars and may assess against any other party  the sum of twenty dollars. These assessments  shall  be  paid  into  the  state treasury.    5.  The provisions of subdivision two of section one hundred fifty-one  of the workmen's compensation law shall not be applicable  with  respect  to  the  apportionment  and  assessment of the expenses of administering  this chapter, but shall be applicable with respect to the  apportionmentand  assessment  to  replenish the fund for reopened cases under section  twenty-five-a of the workmen's compensation law and section fifty-one of  this chapter.    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, nineteen hundred seventy-two, 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, nineteen hundred seventy-two 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,  nineteen  hundred  seventy-three 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.

State Codes and Statutes

State Codes and Statutes

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

§ 60. Administrative  expenses.  1.  The  chairman  of  the  workmen's  compensation board and the department of audit and control, as  soon  as  practicable   after  April  first,  nineteen  hundred  fifty-seven,  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  workmen's  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 workmen's 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  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  ended  March  thirty-first,  nineteen  hundred   fifty-seven   and   nineteen   hundred  fifty-eight  shall  be  consolidated and reimbursed by one assessment made  after  April  first,  nineteen  hundred fifty-eight. The chairman shall as soon as practicable  after April first, nineteen hundred fifty-eight, assess upon and collect  from each carrier the proportion of such consolidated expenses  for  the  fiscal  years ended March thirty-first, nineteen hundred fifty-seven and  nineteen  hundred  fifty-eight,  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  one hundred dollars and may assess against any other party  the sum of twenty dollars. These assessments  shall  be  paid  into  the  state treasury.    5.  The provisions of subdivision two of section one hundred fifty-one  of the workmen's compensation law shall not be applicable  with  respect  to  the  apportionment  and  assessment of the expenses of administering  this chapter, but shall be applicable with respect to the  apportionmentand  assessment  to  replenish the fund for reopened cases under section  twenty-five-a of the workmen's compensation law and section fifty-one of  this chapter.    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, nineteen hundred seventy-two, 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, nineteen hundred seventy-two 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,  nineteen  hundred  seventy-three 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.