NY Work Comp L § 75 (2021)
2021 New York Laws WKC - Workers' Compensation Article 5 - County Self-Insurance Plan 75 - Transition Provisions.

§ 75. Transition provisions. 1. Existing plans continued.a.   Notwithstanding   the  effective  date  of  this  article,  plans   heretofore established pursuant to former subdivision three-a of section   fifty of this chapter and not abandoned pursuant to  the  provisions  of   section  sixty-one of this chapter, shall continue to operate subject to   the  provisions  of  such  subdivision  through  December  thirty-first,   nineteen  hundred  fifty-six,  with the same force and effect as if such   subdivision  had  not  been  repealed;  provided,   however,   that   no   apportionment  shall be made thereunder during the year nineteen hundred   fifty-six,  and  provided  further,   that   unless   a   committee   or   administrator  is  appointed  pursuant  to  the  provisions  of  section   sixty-four of this chapter  prior  to  August  first,  nineteen  hundred   fifty-six,   the   committee   managing  the  plan  pursuant  to  former   subdivision three-a of section fifty of this chapter shall  prepare  the   estimate and make the apportionments provided for in paragraph b of this   subdivision.b.  The  committee or administrator shall, during the month of August,   nineteen hundred fifty-six, prepare an estimate of the  several  amounts   necessary  for the operation of the plan under this article for the year   nineteen hundred fifty-seven as provided in section sixty-seven of  this   chapter,  except  that such estimate shall not provide for the repayment   of any advances made by the county. The committee or administrator shall   then determine the share of such amounts chargeable to each  participant   in  the  manner  prescribed  by  section  sixty-six of this chapter. The   amounts so apportioned shall be collected in the same manner and at  the   same time as provided in section sixty-seven of this chapter.c.  Except  in  the  county  of  Wayne, the committee or administrator   shall, during  the  month  of  January,  nineteen  hundred  fifty-seven,   determine  the total amount due the county for advances made to the plan   prior to January first, nineteen hundred fifty-seven. All moneys of  the   plan  as  of December thirty-first, nineteen hundred fifty-six, shall be   applied to the repayment of all such advances. If such moneys  shall  be   insufficient  for  such  purpose,  such an amount as may be necessary to   repay the  balance  of  such  advances  shall  be  apportioned  to  each   participant in the plan as of such date in the manner provided in former   subdivision  three-a  of  section  fifty  of  this  chapter.  Each  such   participant shall be notified in writing not later  than  the  fifteenth   day  of  February,  nineteen  hundred  fifty-seven,  of  the  amount  so   apportioned as such participant's share. Each such participant shall pay   the county treasurer such amount  by  October  first,  nineteen  hundred   fifty-seven.  If  not  paid on or before such date, such amount shall be   recovered by an action brought by the county or  such  amount  shall  be   collected  by inclusion in the next succeeding tax levy, if any, against   property taxable by the participant  responsible  therefor.    Any  such   participant  may  provide  all or part of such amount by the issuance of   bonds or  capital  notes  pursuant  to  the  local  finance  law.    All   repayments  of advances shall be credited by the county treasurer to the   fund from which such advances were made.d. Any moneys of  the  plan  as  of  December  thirty-first,  nineteen   hundred  fifty-six,  remaining  after  the  repayment of all advances as   provided in paragraph c of this subdivision, shall  be  applied  to  the   payment  of  liabilities  or  may  be  credited to a reserve established   pursuant to section sixty-nine of this chapter.2. Existing plans abandoned. a. Notwithstanding the effective date  of   this   article,   plans   heretofore   established  pursuant  to  former   subdivision three-a of section fifty of this chapter  which  are  deemed   abandoned  under  the  provisions  of section sixty-one of this chapter,   shall continue to operate subject  to  the  provisions  of  such  former    subdivision  through  October  thirty-first, nineteen hundred fifty-six,   with the same force and effect as if such  former  subdivision  had  not   been repealed; provided, however, that a committee appointed as provided   in  such  former subdivision shall continue in existence until such time   as all joint liabilities of the participants have been satisfied.b. During the month  of  November  nineteen  hundred  fifty-six,  such   committee shall determine (1) the amount necessary to repay all advances   from  the  county and (2) the amount, actuarially computed, necessary to   satisfy all outstanding  joint  liabilities  of  the  participants.  The   committee  shall  then determine the share of such amounts chargeable to   each participant  in  the  plan  in  the  manner  prescribed  by  former   subdivision  three-a  of  section  fifty of this chapter. The amounts so   apportioned shall be collected in the same manner and at the  same  time   as  provided  in such former subdivision.  All moneys collected pursuant   to this subdivision, after the repayment of advances, shall be accounted   for by the county treasurer in the workmen's compensation  mutual  fund.   Disbursements  from  such  fund  shall  be  made  upon  the order of the   committee.c. If at any time thereafter there shall be insufficient funds to meet   such liabilities, the committee shall in like manner apportion and cause   to be collected from each participant in the plan  as  of  the  date  of   abandonment,  the  amount  necessary  to satisfy such liabilities.   The   equalized valuations used as a basis for any such apportionment shall be   those existing as of the date of abandonment.