NY Work Comp L § 89 (2021)
2021 New York Laws WKC - Workers' Compensation Article 6 - State Insurance Fund. 89 - Rates for Workers' Compensation.

§  89.   Rates for workers' compensation. 1. Employments and employees in the state fund shall be divided into such groups and classes as shall be equitable based upon  differences  of  industry  or  hazard  for  the purpose   of   establishing  premium  rates  for  workers'  compensation insurance, and for such purpose a system of merit rating may be employed which shall take account of the peculiar hazard of each individual risk. Such premiums in the state fund shall be fixed at  the  lowest  possible rates  consistent  with  the  maintenance  of  a  solvent  fund  and  of reasonable reserves and surplus.   2.   Premiums  for  construction  classification  employers  shall  be subject  to  a  payroll  limitation  on each construction classification subject to the following transition  program.    For  purposes  of  this section, "construction classification" shall mean employments classified under  sections  two  hundred  twenty, two hundred forty and two hundred forty-one of the labor law, provided  such  employments  are  classified under  each  of  said  sections, except that construction classification shall not include any employments engaged in the construction of one  or two family residential housing.  (a)    For  policies  with  rating  anniversary  dates after September thirtieth, nineteen hundred ninety-nine and before  October  first,  two thousand,  an employer's payroll for premium computation purposes in the affected construction classifications shall be the actual weekly payroll per employee for the number of weeks employed subject to  a  maximum  of nine  hundred  dollars  per  week  per  employee  plus  one-half  of the difference between the employer's total payroll and the limited payroll.  (b)   For policies  with  rating  anniversary  dates  after  September thirtieth,  two  thousand and before October first, two thousand one, an employer's payroll for premium  computation  purposes  in  the  affected construction  classifications  shall  be  the  actual weekly payroll per employee for the number of weeks employed subject to a maximum  of  nine hundred dollars per week per employee.  (c)    For  policies  with  rating  anniversary  dates after September thirtieth, two thousand one and before October first, two thousand  two, an  employer's  payroll for premium computation purposes in the affected construction classifications shall be  the  actual  weekly  payroll  per employee  for the number of weeks employed subject to a maximum of eight hundred dollars per week per employee.  (d)  For  policies  with  rating  anniversary  dates  after  September thirtieth,   two   thousand  two,  an  employer's  payroll  for  premium computation purposes in the affected construction classifications  shall be  the  actual  weekly  payroll  per  employee  for the number of weeks employed subject to a maximum of the  greater  of  seven  hundred  fifty dollars  per  week  or  the weekly payroll amount upon which the maximum weekly benefit is based, per employee.   3. The  base  rates  applicable  to  construction  classifications  as defined  in  this subdivision shall be adjusted by the New York workers' compensation rating board  beginning  October  first,  nineteen  hundred ninety-nine,  to  reflect  the  payroll  limitations  required  by  this subdivision as they separately  affect  such  rates  for  work  actually performed within each of the following geographic territories:  (a) Territory 1 comprising the counties of the Bronx, Kings, New York, Queens, and Richmond;  (b)  Territory  2 comprising the counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk and Westchester; and  (c) Territory 3 comprising all other counties within the state.