2023 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.