State Codes and Statutes

Statutes > New-york > Wkc > Article-9 > 214

§ 214. Special fund for disability benefits. There is hereby created a  fund which shall be known as the special fund for disability benefits to  provide  for  the  payment  of  disability  benefits  under sections two  hundred  seven,  two  hundred  thirteen  and   attendance   fees   under  subdivision two of section two hundred thirty-two of this article.    1.  For  the  purpose of accumulating funds for payment of benefits to  the disabled unemployed, there is hereby assessed a contribution at  the  rate of two-tenths of one per centum of the wages paid during the period  from  January  first, nineteen hundred fifty to June thirtieth, nineteen  hundred fifty inclusive, to  employees  in  the  employment  of  covered  employers  on or after January first, nineteen hundred fifty, but not in  excess of twelve cents per week as to each such employee, of  which  the  employee  shall  contribute one-tenth of one per centum of his wages but  not in excess of six cents per week, and  the  employer  shall  make  an  equal  contribution. The contributions of the employee shall be deducted  from his wages in the same manner as provided  in  section  two  hundred  nine. On or before April thirtieth, nineteen hundred fifty, the employer  shall  pay  to the chairman the contributions with respect to wages paid  during the quarterly period ending March thirty-first, nineteen  hundred  fifty,  and  on or before July thirty-first, nineteen hundred fifty, the  employer shall pay to the chairman the  contributions  with  respect  to  wages  paid  during the quarterly period ending June thirtieth, nineteen  hundred fifty.    2. As promptly as practicable  after  April  first,  nineteen  hundred  fifty-eight  and  thereafter annually as soon as practicable after April  first in each year, the chairman shall ascertain the  condition  of  the  fund, and if as of any such date the net assets of the fund shall be one  million  dollars  or  more  below the sum of twelve million dollars, the  chairman  shall  assess  and  collect  from  all  carriers   hereinafter  specified an amount sufficient to restore the fund to an amount equal to  twelve  million  dollars.  Carriers  subject to this assessment shall be  such carriers as shall have covered employees in employment  during  the  preceding  three calendar years or any portion or portions thereof.  The  proportion of the total assessment to be  assessed  upon  and  collected  from each carrier shall be that proportion thereof that the total of the  payrolls  covered by such carrier during said three calendar years bears  to the total of all such payrolls covered by all  such  carriers  during  said  three  calendar  years,  except  that  the term "payrolls" as used  herein shall be deemed limited to the first seven  thousand  dollars  of  earnings of each employee during any calendar year and except that there  shall  be  excluded  the  payroll of employees of a class or classes for  whom plan benefits  provided  under  this  article  are  payable  during  unemployment  for  a period not less than the period provided in section  two hundred  seven  under  an  agreement  between  the  employer  or  an  association  of  employers and an association of the employees which has  been accepted as a plan under section two hundred eleven. The  chairman,  before  making  an assessment as herein provided, shall give thirty days  notice to all such carriers, in the same manner provided in section  two  hundred twenty-eight, that an itemized statement of the condition of the  fund is open for inspection.    3.  Whenever  the  net  assets  of  the  fund shall be less than three  million dollars and the disability claims  currently  being  paid  shall  indicate  the  necessity  of supplementing the assets of the fund before  the next annual assessment can be made,  the  chairman  may  assess  and  collect  for  all such carriers, in the same proportions established for  the last preceding  annual  assessment,  an  amount  sufficient  in  the  discretion  of the chairman for the needs of the fund, but not in excess  of an amount sufficient to restore the fund to twelve  million  dollars.Before  making  any  such  emergency  assessment the chairman shall give  thirty days notice to such carriers in the same manner as provided  with  respect  to  annual  assessments,  and  an  itemized  statement  of  the  condition of the fund shall, in like manner, be open for inspection.    4.  All  contributions  and assessments received by the chairman under  the provisions of this section shall be  credited  to  the  fund  herein  established  and  deposited  by  the  chairman  to  the  credit  of  the  commissioner of taxation and finance for the benefit of  the  fund.  The  superintendent  of  insurance may examine into the condition of the fund  at any time on his own initiative or upon the request of the chairman.    5. Notwithstanding any inconsistent provision of law to the  contrary,  effective  April  first,  two  thousand  nine,  any amounts available in  excess of the maximum  net  asset  balance  of  twelve  million  dollars  pursuant to subdivision two of this section, shall be transferred by the  comptroller  to  the general fund, at the request of the director of the  budget.

State Codes and Statutes

Statutes > New-york > Wkc > Article-9 > 214

§ 214. Special fund for disability benefits. There is hereby created a  fund which shall be known as the special fund for disability benefits to  provide  for  the  payment  of  disability  benefits  under sections two  hundred  seven,  two  hundred  thirteen  and   attendance   fees   under  subdivision two of section two hundred thirty-two of this article.    1.  For  the  purpose of accumulating funds for payment of benefits to  the disabled unemployed, there is hereby assessed a contribution at  the  rate of two-tenths of one per centum of the wages paid during the period  from  January  first, nineteen hundred fifty to June thirtieth, nineteen  hundred fifty inclusive, to  employees  in  the  employment  of  covered  employers  on or after January first, nineteen hundred fifty, but not in  excess of twelve cents per week as to each such employee, of  which  the  employee  shall  contribute one-tenth of one per centum of his wages but  not in excess of six cents per week, and  the  employer  shall  make  an  equal  contribution. The contributions of the employee shall be deducted  from his wages in the same manner as provided  in  section  two  hundred  nine. On or before April thirtieth, nineteen hundred fifty, the employer  shall  pay  to the chairman the contributions with respect to wages paid  during the quarterly period ending March thirty-first, nineteen  hundred  fifty,  and  on or before July thirty-first, nineteen hundred fifty, the  employer shall pay to the chairman the  contributions  with  respect  to  wages  paid  during the quarterly period ending June thirtieth, nineteen  hundred fifty.    2. As promptly as practicable  after  April  first,  nineteen  hundred  fifty-eight  and  thereafter annually as soon as practicable after April  first in each year, the chairman shall ascertain the  condition  of  the  fund, and if as of any such date the net assets of the fund shall be one  million  dollars  or  more  below the sum of twelve million dollars, the  chairman  shall  assess  and  collect  from  all  carriers   hereinafter  specified an amount sufficient to restore the fund to an amount equal to  twelve  million  dollars.  Carriers  subject to this assessment shall be  such carriers as shall have covered employees in employment  during  the  preceding  three calendar years or any portion or portions thereof.  The  proportion of the total assessment to be  assessed  upon  and  collected  from each carrier shall be that proportion thereof that the total of the  payrolls  covered by such carrier during said three calendar years bears  to the total of all such payrolls covered by all  such  carriers  during  said  three  calendar  years,  except  that  the term "payrolls" as used  herein shall be deemed limited to the first seven  thousand  dollars  of  earnings of each employee during any calendar year and except that there  shall  be  excluded  the  payroll of employees of a class or classes for  whom plan benefits  provided  under  this  article  are  payable  during  unemployment  for  a period not less than the period provided in section  two hundred  seven  under  an  agreement  between  the  employer  or  an  association  of  employers and an association of the employees which has  been accepted as a plan under section two hundred eleven. The  chairman,  before  making  an assessment as herein provided, shall give thirty days  notice to all such carriers, in the same manner provided in section  two  hundred twenty-eight, that an itemized statement of the condition of the  fund is open for inspection.    3.  Whenever  the  net  assets  of  the  fund shall be less than three  million dollars and the disability claims  currently  being  paid  shall  indicate  the  necessity  of supplementing the assets of the fund before  the next annual assessment can be made,  the  chairman  may  assess  and  collect  for  all such carriers, in the same proportions established for  the last preceding  annual  assessment,  an  amount  sufficient  in  the  discretion  of the chairman for the needs of the fund, but not in excess  of an amount sufficient to restore the fund to twelve  million  dollars.Before  making  any  such  emergency  assessment the chairman shall give  thirty days notice to such carriers in the same manner as provided  with  respect  to  annual  assessments,  and  an  itemized  statement  of  the  condition of the fund shall, in like manner, be open for inspection.    4.  All  contributions  and assessments received by the chairman under  the provisions of this section shall be  credited  to  the  fund  herein  established  and  deposited  by  the  chairman  to  the  credit  of  the  commissioner of taxation and finance for the benefit of  the  fund.  The  superintendent  of  insurance may examine into the condition of the fund  at any time on his own initiative or upon the request of the chairman.    5. Notwithstanding any inconsistent provision of law to the  contrary,  effective  April  first,  two  thousand  nine,  any amounts available in  excess of the maximum  net  asset  balance  of  twelve  million  dollars  pursuant to subdivision two of this section, shall be transferred by the  comptroller  to  the general fund, at the request of the director of the  budget.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Wkc > Article-9 > 214

§ 214. Special fund for disability benefits. There is hereby created a  fund which shall be known as the special fund for disability benefits to  provide  for  the  payment  of  disability  benefits  under sections two  hundred  seven,  two  hundred  thirteen  and   attendance   fees   under  subdivision two of section two hundred thirty-two of this article.    1.  For  the  purpose of accumulating funds for payment of benefits to  the disabled unemployed, there is hereby assessed a contribution at  the  rate of two-tenths of one per centum of the wages paid during the period  from  January  first, nineteen hundred fifty to June thirtieth, nineteen  hundred fifty inclusive, to  employees  in  the  employment  of  covered  employers  on or after January first, nineteen hundred fifty, but not in  excess of twelve cents per week as to each such employee, of  which  the  employee  shall  contribute one-tenth of one per centum of his wages but  not in excess of six cents per week, and  the  employer  shall  make  an  equal  contribution. The contributions of the employee shall be deducted  from his wages in the same manner as provided  in  section  two  hundred  nine. On or before April thirtieth, nineteen hundred fifty, the employer  shall  pay  to the chairman the contributions with respect to wages paid  during the quarterly period ending March thirty-first, nineteen  hundred  fifty,  and  on or before July thirty-first, nineteen hundred fifty, the  employer shall pay to the chairman the  contributions  with  respect  to  wages  paid  during the quarterly period ending June thirtieth, nineteen  hundred fifty.    2. As promptly as practicable  after  April  first,  nineteen  hundred  fifty-eight  and  thereafter annually as soon as practicable after April  first in each year, the chairman shall ascertain the  condition  of  the  fund, and if as of any such date the net assets of the fund shall be one  million  dollars  or  more  below the sum of twelve million dollars, the  chairman  shall  assess  and  collect  from  all  carriers   hereinafter  specified an amount sufficient to restore the fund to an amount equal to  twelve  million  dollars.  Carriers  subject to this assessment shall be  such carriers as shall have covered employees in employment  during  the  preceding  three calendar years or any portion or portions thereof.  The  proportion of the total assessment to be  assessed  upon  and  collected  from each carrier shall be that proportion thereof that the total of the  payrolls  covered by such carrier during said three calendar years bears  to the total of all such payrolls covered by all  such  carriers  during  said  three  calendar  years,  except  that  the term "payrolls" as used  herein shall be deemed limited to the first seven  thousand  dollars  of  earnings of each employee during any calendar year and except that there  shall  be  excluded  the  payroll of employees of a class or classes for  whom plan benefits  provided  under  this  article  are  payable  during  unemployment  for  a period not less than the period provided in section  two hundred  seven  under  an  agreement  between  the  employer  or  an  association  of  employers and an association of the employees which has  been accepted as a plan under section two hundred eleven. The  chairman,  before  making  an assessment as herein provided, shall give thirty days  notice to all such carriers, in the same manner provided in section  two  hundred twenty-eight, that an itemized statement of the condition of the  fund is open for inspection.    3.  Whenever  the  net  assets  of  the  fund shall be less than three  million dollars and the disability claims  currently  being  paid  shall  indicate  the  necessity  of supplementing the assets of the fund before  the next annual assessment can be made,  the  chairman  may  assess  and  collect  for  all such carriers, in the same proportions established for  the last preceding  annual  assessment,  an  amount  sufficient  in  the  discretion  of the chairman for the needs of the fund, but not in excess  of an amount sufficient to restore the fund to twelve  million  dollars.Before  making  any  such  emergency  assessment the chairman shall give  thirty days notice to such carriers in the same manner as provided  with  respect  to  annual  assessments,  and  an  itemized  statement  of  the  condition of the fund shall, in like manner, be open for inspection.    4.  All  contributions  and assessments received by the chairman under  the provisions of this section shall be  credited  to  the  fund  herein  established  and  deposited  by  the  chairman  to  the  credit  of  the  commissioner of taxation and finance for the benefit of  the  fund.  The  superintendent  of  insurance may examine into the condition of the fund  at any time on his own initiative or upon the request of the chairman.    5. Notwithstanding any inconsistent provision of law to the  contrary,  effective  April  first,  two  thousand  nine,  any amounts available in  excess of the maximum  net  asset  balance  of  twelve  million  dollars  pursuant to subdivision two of this section, shall be transferred by the  comptroller  to  the general fund, at the request of the director of the  budget.