NY Lab L § 551 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 4 - Unemployment Funds 551 - Unemployment Administration Fund.

§  551. Unemployment administration fund. 1. Purpose. The unemployment   administration fund shall be continued. It shall consist of  all  moneys   received by the state or the commissioner for the administration of this   article.  Such fund shall be handled by the commissioner of taxation and   finance and state comptroller as other state moneys are handled; but  it   shall be expended solely for the administration of this article; and its   balance  shall  not  lapse  at  any  time  but shall remain continuously   available to the commissioner for expenditures consistent herewith.  All   federal moneys allotted or apportioned to the state by any agency of the   United  States for the administration of this article shall be paid into   the unemployment administration fund, except that moneys  received  from   the  federal  railroad  retirement board as compensation for services or   facilities supplied to such agency shall be paid into  the  unemployment   administration fund or the special "employment service account" thereof,   in  the same proportion in which expenditures are made for such services   or facilities from such fund and account. A special "employment  service   account"  of  funds  received  by  the  state  in  accordance  with  the   provisions of the Wagner-Peyser act shall be maintained  as  a  part  of   such fund. All moneys allotted or apportioned to the state by any agency   of  the United States, for the administration of this article, paid into   the unemployment administration fund, shall be expended solely  for  the   purpose and in the amounts found necessary by such agency for the proper   and efficient administration of this article.2.  Replacements  from the special fund or general state funds. If any   moneys received after June thirtieth, nineteen hundred  forty-one,  from   the  United  States  pursuant  to  the  provisions of the federal social   security  act,  or  any  unencumbered  balances  in   the   unemployment   administration fund as of that date, or any moneys granted to this state   pursuant  to the provisions of the Wagner-Peyser act, or any moneys made   available by this state or its political  subdivisions  and  matched  by   such  moneys  granted  to  this  state pursuant to the provisions of the   Wagner-Peyser act, are found by the appropriate  agency  of  the  United   States  because  of  any  action  or  contingency,  to have been lost or   expended for the purposes other than, or in amounts in excess of,  those   found  necessary  by  such  agency for the proper administration of this   article, it is the policy of  this  state  that  such  moneys  shall  be   replaced   by  moneys  to  be  transferred  from  the  special  fund  or   appropriated for such purpose from the general funds of  this  state  to   the   unemployment  administration  fund  for  expenditure  as  provided   hereunder, but, for the purposes of this subdivision, such moneys  shall   not  include  any amount determined by such agency to have been expended   in  accordance  with  rules,   standards,   instructions,   limitations,   regulations,  or  other action by such agency, applicable to such amount   and prescribed by it prior to the expenditure thereof. Upon  receipt  of   notice  of such finding by such agency, the commissioner shall, with the   approval of the director of the  budget,  direct  the  transfer  of  the   necessary   moneys   from   the   special  fund  into  the  unemployment   administration fund. If the moneys available in the special fund are not   sufficient for this purpose, the commissioner shall promptly report  the   additional  amount required for such replacement to the governor and the   governor shall, at the earliest opportunity, submit to the legislature a   request for the appropriation of such amount.The provisions of this subdivision shall not be construed  to  require   the  replacement  of any amount disbursed for the payment of expenses in   relation to the operation of public employment offices  by  the  federal   government  provided  the  liability  resulting in such expenditures has   been incurred in accordance with the request or with the approval  of  a   duly authorized agency or official of the federal government. 3.  Payment  of  administrative expenses. The total amount of expenses   incurred by the commissioner in connection with  the  administration  of   this  article  and  such proportion of the total expenses of maintaining   the public employment offices as established under this chapter and  for   the purposes of this article, as shall be determined to be necessary and   required  by  the  provisions  of  this  article and so certified by the   commissioner, shall, upon audit by the comptroller,  be  disbursed  from   the  unemployment  administration fund. Annually, as soon as practicable   after April first, the commissioner and the comptroller shall  ascertain   the  total  amount of such expenses incurred during the preceding fiscal   year. An itemized statement of the total expenses so  ascertained  shall   be  open  to  public  inspection in the office of the commissioner after   notice in an official publication of the department.  All  disbursements   from such fund shall be made by the commissioner of taxation and finance   on the warrant of the comptroller.