NY State Fin L § 99-Y-2 (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 99-Y*2 - Health Republic Insurance of New York Fund.

* §  99-y.  Health  republic  insurance  of New York fund. 1. There is hereby established in the joint custody of the state comptroller and the superintendent of the department of financial services a special fund to be known as the "health republic insurance of New York fund".   2. (a) Such fund shall consist  of  transfers  as  authorized  by  the director  of  the  budget,  in his or her sole discretion, between April first,  two  thousand  sixteen  and  March  thirty-first,  two  thousand nineteen,   from   amounts   collected  as  a  result  of  a  judgement, stipulation, decree, agreement to settle, assurance  of  discontinuance, or  other  legal  instrument  resolving  any  claim  or cause of action, whether filed or unfiled, actual or potential, and whether arising under common law, equity, or any  provision  of  law,  and  all  other  monies appropriated,  credited,  or  transferred thereto from any other fund or source pursuant to law.  (b) Paragraph (a) of this subdivision shall not apply to:  (i)  moneys to  be  distributed to the federal government, to a local government, or to any holder of a bond or other debt instrument issued  by  the  state, any  public authority, or any public benefit corporation; (ii) moneys to be distributed  solely  or  exclusively  as  a  payment  of  damages  or restitution to individuals or entities that were specifically injured or harmed  by  the  defendant's  or  settling  party's conduct and that are identified in, or can be  identified  by  the  terms  of,  the  relevant judgment,  agreement to settle, assurance of discontinuance, or relevant instrument  resolving  the  claim  or  cause  of  action;  (iii)  moneys recovered  or obtained by a state agency or a state official or employee acting in their official capacity where application of paragraph (a)  of this  subdivision  is prohibited by federal law, rule, or regulation, or would result in the reduction or loss of federal  funds  or  eligibility for  federal benefits pursuant to federal law, rule, or regulation; (iv) moneys recovered or obtained by or on behalf of a  public  authority,  a public  benefit corporation, the department of taxation and finance, the workers'  compensation  board,  the  New  York  state  higher  education services  corporation,  the  tobacco settlement financing corporation, a state or local retirement system, an  employee  health  benefit  program administered  by  the  New  York  state department of civil service, the Title IV-D child support fund, the lottery  prize  fund,  the  abandoned property  fund,  or  an endowment of the state university of New York or any unit thereof or any state agency, provided that all  of  the  moneys received or recovered are immediately transferred to the relevant public authority,  public  benefit  corporation,  department, fund, program, or endowment; (v) moneys to be refunded to an individual or entity  as  (1) an  overpayment  of  a  tax, fine, penalty, fee, insurance premium, loan payment, charge or surcharge; (2) a return of seized assets;  or  (3)  a payment  made  in  error;  and (vi) moneys to be used to prevent, abate, restore, mitigate, or control any  identifiable  instance  of  prior  or ongoing water, land or air pollution.   3.  Monies  shall  be  paid  out of this fund at the discretion of the superintendent of the department of financial services only pursuant  to appropriation and the terms to be set forth in a future chapter of law.   4.  Monies  shall be paid out of this fund only after the distribution of all assets in connection with  a  liquidation  proceeding  of  Health Republic Insurance of New York filed pursuant to article seventy-four of the insurance law has been completed.   5.  Monies  shall be paid out of this fund on the audit and warrant of the  state  comptroller  on  vouchers  certified  or  approved  by   the superintendent of the department of financial services.   * NB There are 3 § 99-y's