reglab/statecodes huggingface dataset:
2023 New York Laws › WKC - Workers' Compensation › Article 3-A - Occupational Loss of Hearing › 49-AA - Declaration of Purpose.

§ 49-aa. Declaration of purpose. The compensability of claims for loss
  of  hearing  resulting  from  exposure to industrial noise has created a
  problem in this state  which  is  a  matter  of  grave  concern  to  the
  legislature.  The  legislature,  therefore,  finds and declares that the
  public interest can best be served by providing  that  compensation  for
  occupational  loss  of  hearing  shall  be paid only as provided in this
  article and subject to the conditions and  limitations  hereinafter  set
  forth.
2023 New York Laws › WKC - Workers' Compensation › Article 3-A - Occupational Loss of Hearing › 49-BB - Waiting Period; Date of Disablement; Payment of Compensation.

§ 49-bb. Waiting period; date of disablement; payment of compensation.
  Notwithstanding  any  other  inconsistent  provisions  of  this chapter,
  compensation for occupational loss  of  hearing  shall  become  due  and
  payable  at  the  employee's  choice three months after (1) removal from
  exposure to harmful  noise  in  employment  (removal  from  exposure  to
  harmful  noise  in  employment for the three month waiting period may be
  achieved by use of effective ear  protection  devices  provided  at  the
  expense  of  the  employer)  or  (2)  separation  from work for the last
  employer in whose employment the employee was  at  anytime  during  such
  employment  exposed  to  harmful  noise.  The last day of such period of
  removal from such exposure or of separation from such work shall be  the
  date  of disablement. Such disablement shall be treated as the happening
  of an accident within the meaning of this chapter and the procedure  and
  practice  provided  in the chapter shall apply to all proceedings as set
  forth in this  article  except  where  specifically  otherwise  provided
  herein.  A  claim  for  loss  of hearing under this article shall not be
  barred by the failure of the employee or the  employee's  dependents  to
  file   a  claim  within  the  two  year  period  prescribed  by  section
  twenty-eight of this chapter, provided such claim shall be  filed  after
  such two year period within ninety days after knowledge that the loss of
  hearing is or was due to the nature of the employment. An employee whose
  disablement  and  knowledge  of  disablement  occurred  prior to October
  first, nineteen hundred eighty shall have six months from such  date  to
  file  a  claim.  The  former average wage on which the compensation rate
  payable shall be based shall be  determined,  as  provided  in  sections
  fourteen  and  fourteen-a  of  this  chapter, by the wages earned by the
  employee during the year prior to the employee's last day of work in the
  last employment in which the employee was exposed to harmful noise.
2023 New York Laws › WKC - Workers' Compensation › Article 3-A - Occupational Loss of Hearing › 49-CC - Right to Compensation.

§  49-cc.  Right to compensation. If an employee becomes disabled from
  occupational loss of hearing he shall be  entitled  to  compensation  in
  accordance  with  the provisions of subdivision three of section fifteen
  of this chapter. No employee shall  in  the  aggregate  receive  greater
  compensation from any or all employers than that provided in subdivision
  three  of section fifteen for total loss of hearing. Notwithstanding the
  provisions of paragraph c of subdivision four of section twenty-five  of
  this  chapter  awards  for occupational loss of hearing shall be paid in
  addition to, and shall not be deducted  from,  benefits  payable  to  an
  employee  under  any  welfare  plan, pension plan, agreement or trust to
  which such employee is a party or of which he is a beneficiary.
2023 New York Laws › WKC - Workers' Compensation › Article 3-A - Occupational Loss of Hearing › 49-DD - Posthumous Schedule Awards.

§  49-dd.  Posthumous schedule awards. If an employee shall die before
  he shall have been removed from exposure to harmful noise for  a  period
  of  at least three consecutive months as hereinbefore provided, an award
  may be made payable in accordance with  the  provisions  of  subdivision
  four  of  section  fifteen  of  this chapter and such award shall not be
  barred by the fact that the deceased shall not have  been  removed  from
  harmful noise for a period of at least three consecutive months. In such
  case  the  extent  and  degree  of  the  employee's occupational loss of
  hearing, and the  award,  if  any,  to  be  paid  for  such  loss  under
  subdivision   three  of  section  fifteen  of  this  chapter,  shall  be
  determined upon the submission of proper proof of the occupational  loss
  of  hearing  sustained by the deceased employee. The date of disablement
  shall be the date of the employee's death.
2023 New York Laws › WKC - Workers' Compensation › Article 3-A - Occupational Loss of Hearing › 49-FF - Minimum Exposure Required.

§  49-ff.  Minimum  exposure  required. No employee or his dependents,
  shall, in the absence  of  substantial  evidence  to  the  contrary,  be
  entitled  to  an  award  for  occupational  loss  of  hearing unless the
  employee shall have been employed in  an  employment  in  which  he  was
  exposed  to  harmful  noise for a period of at least ninety days in this
  state.
2023 New York Laws › WKC - Workers' Compensation › Article 3-A - Occupational Loss of Hearing › 49-GG - Determination of Damage Risk Criteria and Standards for the Measurement of Occupational Loss of Hearing.

§  49-gg.  Determination of damage risk criteria and standards for the
  measurement of  occupational  loss  of  hearing.  The  chairman  of  the
  workers'  compensation  board is authorized and empowered to, and shall,
  appoint and consult with a committee or  committees  of  not  less  than
  three  nor  more  than nine outstanding expert consultants familiar with
  the various aspects of the problem of industrial noise and  occupational
  loss  of  hearing for the purpose of developing their recommendations as
  to the most reliable and acceptable damage risk criteria  and  standards
  for  the  measurement and determination of occupational loss of hearing.
  Such recommendations shall include but  shall  not  be  limited  to  the
  subjects of (a) what industrial noise levels may cause occupational loss
  of  hearing,  (b) frequencies to be used in measuring industrial hearing
  loss, (c) the point below which there is no hearing disability  and  the
  point  above  which the inability to hear shall be deemed total, (d) the
  use of a monaural or binaural method of computing the percentage loss of
  hearing, (e) proper deductions for presbycusis and other  non-industrial
  causes  of  deafness  and  being  hard of hearing, and (f) the number of
  examinations needed to evaluate industrial hearing loss and the  fairest
  method   of   determining  the  loss  from  the  results  of  successive
  examinations. The committee  or  committees  of  expert  consultants  so
  appointed  by the chairman shall meet and confer with representatives of
  the workers' compensation board and with  representatives  of  employers
  and   employees,   and   shall  thereafter  report  their  findings  and
  recommendations  to  the  workers'  compensation  board.  The   workers'
  compensation  board, after giving due consideration to such findings and
  recommendations,  is  authorized  to   adopt   reasonable   rules,   not
  inconsistent  with  the  provisions  of  this  chapter including without
  limitation section forty-nine-hh of this article,  and  the  labor  law,
  prescribing  damage  risk criteria and standards for the measurement and
  determination of occupational loss of hearing. Pending  the  formulation
  and  adoption  by  the workers' compensation board of such rules, claims
  for occupational loss of hearing shall be determined upon the  basis  of
  the  tentative  standards  and  criteria  contained in the report, dated
  December, nineteen hundred fifty-three of the committee appointed by the
  workers' compensation board and entitled "Report  of  the  Committee  of
  Consultants on Occupational Loss of Hearing."
2023 New York Laws › WKC - Workers' Compensation › Article 3-A - Occupational Loss of Hearing › 49-HH - Standards.

§   49-hh.   Standards.   Any   standards   for  the  measurement  and
  determination of occupational hearing loss adopted by the board pursuant
  to  section  forty-nine-gg  of  this  article  shall  conform  with  the
  standards   recommended  by  the  American  Academy  of  Otolarnyngology
  accepted by the American Medical Association.
2023 New York Laws › WKC - Workers' Compensation › Article 4 - Security for Compensation › 50-A - Self-Insurer Offset Fund.

§  50-a.  Self-insurer offset fund. 1. The chair shall maintain a fund
  to be known as the self-insurer offset fund and such fund shall be  held
  in  the  sole  custody of the chair. The chair may transfer the money in
  such fund to the administrative account as necessary to  effectuate  the
  purpose  of  this  section. The chair shall use the money in the fund to
  pay unmet claims for self-insurers.
2. At any time prior to April first, two thousand  eleven,  the  chair
  may  withdraw funds from the uninsured employers fund provided for under
  section twenty-six-a of this chapter, up to such  amount  as  the  chair
  determines  is sufficient to fund any anticipated additional expenses of
  such fund, taking into account anticipated available revenues, but in no
  event to exceed seventy-five million  dollars  in  the  aggregate.  Such
  funds  shall be deposited into the self-insurer offset fund, and used in
  accordance with subdivision one of this section. As consistent with this
  section, the chair may  set  the  timing  of  such  withdrawals  in  its
  discretion.
3.  Beginning  in  two thousand fifteen, and each year thereafter, the
  chair shall add to the  total  of  each  annual  assessment  made  under
  paragraph g of subdivision five of section fifty of this article the sum
  of  up  to  three  million dollars, to be allocated to private group and
  individual self-insurers in accordance with such  paragraph.  The  chair
  shall  assess  additional  funds  under  this  paragraph as necessary to
  insure that there  are  sufficient  funds  in  the  fund  for  uninsured
  employers  to  meet  its liabilities, or if necessary in accordance with
  section one hundred  fifty-one  of  this  chapter.  Such  funds  as  are
  collected  pursuant  to  this  subdivision  shall  be deposited into the
  uninsured employer  fund  until  all  funds  withdrawn  therefrom  under
  subdivision one of this section are returned with interest calculated at
  an  annual  rate  equal  to  the rate of return on funds in the fund for
  uninsured employers from the prior year.
4. To the extent provided by the self-insurer bond financing agreement
  the chair may request the dormitory authority to transfer bond  proceeds
  into  such  account  for  the  purposes  outlined  in the bond financing
  agreement.
5. At such time as the board is not obligated to pay any unmet  claims
  of  a self-insurer, the fund created under this section shall be closed,
  and any money  remaining  in  the  fund  shall  be  deposited  into  the
  uninsured employer fund.
2023 New York Laws › WKC - Workers' Compensation › Article 4 - Security for Compensation › 50-B - Task Force on Group Self-Insurance.

§  50-b.  Task force on group self-insurance. There is established the
  task force on group self-insurance whose membership shall consist of the
  chair or his or her designee, the superintendent of  financial  services
  or  his  or  her  designee,  the  commissioner  of  labor  or his or her
  designee, and twelve members to be appointed by the governor as follows:
  two upon nomination of the speaker of the assembly, two upon  nomination
  of  the  temporary  president  of the senate, one upon nomination by the
  president of the New York state American federation of labor-congress of
  industrial organizations,  one  upon  the  nomination  of  the  business
  council  of New York state, one who is a representative of an individual
  self-insurer  or  representative  of  an  organization  that  represents
  individual  self-insurers,  one  who  is a trustee or administrator of a
  group self-insurer or representative of an organization that  represents
  group self-insurers, one who is a representative of an organization that
  represents  workers'  compensation  claimants,  and three others without
  limitation. The governor shall appoint the chair of the task force.  The
  task force shall report to the governor, the speaker of the assembly and
  the  temporary  president of the senate on or before February first, two
  thousand nine making recommendations concerning:
1. the prevention of future defaults by group self-insurers;
2. regulation of group self-insurers and its impact and effectiveness;
3. payment of claims insured by defaulted group self-insurers;
4. the long term viability of group self-insurers; and
5. such other topics related to group self-insurance as the task force
  may deem necessary.
2023 New York Laws › WKC - Workers' Compensation › Article 4 - Security for Compensation › 51 - Posting of Notice Regarding Compensation.

§ 51. Posting of notice regarding compensation. Every employer who has
  complied with section fifty of this article shall post and maintain in a
  conspicuous place or places in and about his place or places of business
  typewritten or printed in English and Spanish notices in form prescribed
  by  the  chairman,  stating  the  fact that he has complied with all the
  rules and regulations of the chairman and the  board  and  that  he  has
  secured   the  payment  of  compensation  to  his  employees  and  their
  dependents in accordance  with  the  provisions  of  this  chapter,  but
  failure  to  post  such  notice  as herein provided shall not in any way
  affect the exclusiveness of the remedy provided for by section eleven of
  this  chapter.  Every  employer  who  owns  or  operates  automotive  or
  horse-drawn  vehicles  and  has  no  minimum  staff of regular employees
  required to  report  for  work  at  an  established  place  of  business
  maintained  by  such  employer  and every employer who is engaged in the
  business of moving household goods or furniture shall post such  notices
  in  each  and every vehicle owned or operated by him. Failure to post or
  maintain  such  notice  in  any  of  said  vehicles   shall   constitute
  presumptive evidence that such employer has failed to secure the payment
  of  compensation.  The  chairman  may  require any employer to furnish a
  written statement at any time  showing  the  stock  corporation,  mutual
  corporation  or  reciprocal insurer in which such employer is insured or
  the manner in which such employer has complied  with  any  provision  of
  this  chapter.  Failure for a period of ten days to furnish such written
  statement shall constitute presumptive evidence that such  employer  has
  neglected  or  failed  in respect of any of the matters so required. Any
  employer who fails to comply with the provisions of this  section  shall
  be  required to pay to the board a fine of five hundred dollars for each
  violation, in addition to any other  penalties  imposed  by  law  to  be
  deposited into the uninsured employers' fund.
2023 New York Laws › WKC - Workers' Compensation › Article 4 - Security for Compensation › 53 - Release From Liability.

§  53.  Release  from  liability.  An employer securing the payment of
  compensation by contributing premiums to the state  fund  shall  thereby
  become  relieved  from  all  liability  for  personal  injuries or death
  sustained by his employees, and the  persons  entitled  to  compensation
  under  this  chapter shall have recourse therefor only to the state fund
  and not to the employer.  An employer shall not  otherwise  be  relieved
  from the liability for compensation prescribed by this chapter except by
  the  payment thereof by himself or his insurance carrier. The provisions
  of this section shall not apply to the state of New York, as an employer
  except to the extent that the fund has provided insurance coverage on an
  actuarially sound basis to the  state  pursuant  to  the  provisions  of
  section  eighty-eight-c of this chapter. To the extent that the fund has
  not provided insurance coverage on an actuarially sound  basis  pursuant
  to  section  eighty-eight-c of this chapter, any state employee or other
  person entitled to compensation under this chapter as a  consequence  of
  personal  injuries  or  death  of  a  state  employee  shall have direct
  recourse therefor only to the state.
2023 New York Laws › WKC - Workers' Compensation › Article 4 - Security for Compensation › 54-A - Security Where Coverage Is in Issue.

§ 54-a. Security where coverage is in issue. Where the issue of policy
  coverage  is raised by a carrier in any hearing or proceeding before the
  board, and an appeal by the carrier, or the making of an application for
  review is made, although an award is made to a claimant therein  against
  the  employer  and  carrier, the chairman may, nevertheless, require the
  employer to deposit the amount of said award or  furnish  such  security
  therefor as may be deemed satisfactory by said chairman. If the employer
  shall  fail to make such deposit or give such security, the award may be
  enforced promptly against said employer by the entry of judgment by  and
  in  the  name  of  the  chairman,  for and in behalf of such claimant in
  accordance with the provisions of  section  twenty-six  hereof.  In  the
  event  that  the  award made as against the carrier is finally affirmed,
  the employer shall be entitled to the return of said security  deposited
  or, if the said award has been paid, to an award by way of reimbursement
  against  the said carrier for the amount of money paid upon the award or
  judgment entered thereon to the  claimant.  If  the  award  against  the
  carrier  is  finally reversed on appeal, then the carrier is relieved of
  liability and not otherwise.
2023 New York Laws › WKC - Workers' Compensation › Article 4 - Security for Compensation › 55 - Acceptance of Premium by Carrier an Estoppel.

§  55.  Acceptance  of premium by carrier an estoppel. Acceptance of a
  premium on a policy securing to an employee compensation,  either  alone
  or  in  connection  with  other  insurance,  shall  estop the carrier so
  accepting from pleading that the employment of such employee  is  not  a
  hazardous  employment  or the employment is not carried on for pecuniary
  gain.
2023 New York Laws › WKC - Workers' Compensation › Article 4 - Security for Compensation › 57 - Restriction on Issue of Permits and the Entering Into Contracts Unless Compensation Is Secured.

§  57. Restriction on issue of permits and the entering into contracts
  unless compensation is secured.  1. The head of  a  state  or  municipal
  department, board, commission or office authorized or required by law to
  issue  any  permit  for  or  in  connection  with any work involving the
  employment of employees  in  a  hazardous  employment  defined  by  this
  chapter, and notwithstanding any general or special statute requiring or
  authorizing  the  issue  of  such  permits,  shall not issue such permit
  unless proof duly subscribed by an insurance carrier is  produced  in  a
  form  satisfactory to the chair, that compensation for all employees has
  been secured as provided by this chapter. Nothing herein, however, shall
  be construed as creating any liability on the  part  of  such  state  or
  municipal   department,   board,   commission   or  office  to  pay  any
  compensation to any such employee if so employed.
2. The head of a state or municipal department, board,  commission  or
  office  authorized  or required by law to enter into any contract for or
  in connection with any work involving the employment of employees  in  a
  hazardous  employment  defined  by  this  chapter,  notwithstanding  any
  general or special statute requiring or authorizing any  such  contract,
  shall  not  enter into any such contract unless proof duly subscribed by
  an insurance carrier is produced in a form satisfactory  to  the  chair,
  that compensation for all employees has been secured as provided by this
  chapter.
2023 New York Laws › WKC - Workers' Compensation › Article 4 - Security for Compensation › 58 - Payment of Compensation to Persons Providing Housekeeping or Nursing Services.

§  58.  Payment  of  compensation to persons providing housekeeping or
  nursing services. An employer under the workmen's compensation  law,  or
  the  insurance  carrier  under  the  policy  of  workmen's  compensation
  insurance covering such employer, or any other  person  or  organization
  including   the  state,  a  municipal  corporation  or  other  political
  subdivision  of  the  state  which  provides  housekeeping,  or  nursing
  services  to  an  injured  employee  or  recipient  of  social  services
  assistance or which arranges for such services by authorizing the hiring
  of an employee for such  purposes  and  which  supplies  funds  for  the
  payment of such employee's wages, notwithstanding any general or special
  statute  requiring or authorizing such housekeeping or nursing services,
  shall be liable for the payment of compensation to the person performing
  such housekeeping or nursing  services  as  provided  by  this  chapter.
  Nothing  in  this section shall create an employer-employee relationship
  when such relationship does not otherwise exist.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 60 - Definitions.

§  60. Definitions. As used in this article, the following terms shall
  mean and include:
1. "Public corporation." A corporation as defined in section three  of
  the  general  corporation  law, except that a public benefit corporation
  shall not be deemed a  public  corporation  for  the  purposes  of  this
  article unless it operates in a territory coterminous with the county or
  a tax district or districts within the county.
1-a.  "Contract  agency",  "contract  association".  A  not-for-profit
  corporation or association which  provides  services  exclusively  to  a
  single  county  on a contractual basis and receives at least eighty-five
  percent of its funding from the local, state or federal government.
2. "Municipal corporation," "district corporation" and "public benefit
  corporation." A municipal corporation, district corporation  and  public
  benefit  corporation,  respectively,  as defined in section three of the
  general corporation law.
3. "Plans." The plan of self-insurance provided for in this article.
4. "Committee." The committee appointed pursuant to section sixty-four
  of this chapter to administer the plan.
5. "Administrator." The administrator appointed  pursuant  to  section
  sixty-four of this chapter to administer the plan.
6. "Participant." A public corporation participating in a plan.
7.  "Liability."  The  liability of a participant to pay compensation,
  assessments and all other obligations imposed by  or  pursuant  to  this
  chapter,  the  volunteer  firefighters'  benefit  law, and the volunteer
  ambulance workers' benefit law except as otherwise provided  in  section
  sixty-one of this chapter.
8.  "Reserve."  The  self-insurance  reserve  provided  for in section
  sixty-nine of this chapter.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 62 - Participants.

§  62.  Participants.  Each  plan  shall  have  at least two municipal
  corporations  as  participants.  The  county  shall  be   one   of   the
  participants  in  a  plan.   Any contract agency or contract association
  with the  approval  of  the  county  government  and  any  other  public
  corporation  may  by  resolution of its governing body elect to become a
  participant in a plan established in the county, or, in the  case  of  a
  public corporation or contract agency or contract association located in
  more  than  one  county,  in a plan established in one of such counties;
  provided, however, that the rules and regulations  adopted  pursuant  to
  section  sixty-five  of this chapter may exclude from participation in a
  plan any type of public  corporation  or  contract  agency  or  contract
  association other than the county and cities, towns and villages.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 64 - Administration of Plan.

§  64.  Administration  of  plan. 1. The board of supervisors shall by
  local law provide for the administration of the plan, such  plan  to  be
  administered  by  either  a  committee  or  an administrator. Any county
  officer or employee or other person may be appointed to  such  committee
  or  act  as administrator, or be appointed or employed by such committee
  or administrator. The committee or administrator may employ, subject  to
  the  approval of the board of supervisors, such persons as may be deemed
  necessary for the operation of the plan, and may contract for  necessary
  actuarial,  or  other  expert  or  professional services. Members of the
  committee or the administrator, and all other officers and employees  of
  the  plan, shall receive such salary or other remuneration, payable from
  moneys of the plan, as shall be  fixed  by  the  board  of  supervisors.
  Notwithstanding  the  provisions  of  any other law, a county officer or
  employee, other than a member of the board of supervisors,  in  addition
  to  his  salary  as  such  officer  or employee, may be compensated as a
  member of such committee, as such administrator, or  as  an  officer  or
  employee of the plan.
2.  The  county  treasurer shall be the custodian of all moneys of the
  plan. Such moneys shall be accounted for as a separate fund to be  known
  as  the  county self-insurance fund, and shall be deposited in a bank or
  trust company designated in the manner provided by law as  a  depositary
  of  moneys  of  the  county.  Disbursements  of  such moneys, except for
  payment of fixed  salaries,  shall  be  made  only  upon  order  of  the
  committee or administrator, as the case may be. Compensation may be paid
  upon  such  order  to persons entitled thereto in the manner provided in
  section twenty-five of this chapter. The amount of compensation  payable
  prior  to  an  award  pursuant  to such order shall constitute a settled
  claim within the meaning of the local finance law.  Books,  records  and
  papers of the plan shall be subject to examination and audit as provided
  in section two hundred ten of the county law.
3. The county attorney shall be legal advisor to the plan and it shall
  be his duty to represent the plan in all controversies. In addition, the
  county  attorney  may  engage  subject  to  the approval of the board of
  supervisors, counsel  in  respect  to  any  particular  subject  matter,
  proceeding  or  litigation,  in which event the expense of engaging such
  special counsel shall be charged as an  administrative  expense  of  the
  plan.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 65 - Rules and Regulations.

§  65.  Rules  and  regulations.  1. The board of supervisors shall by
  local law adopt rules and regulations not inconsistent with law for  the
  fair  and equitable administration and operation of the plan. Such rules
  and regulations may provide standards and conditions with  respect,  but
  not  limited,  to  (a) entry and withdrawal of participants, (b) medical
  examinations, (c) safety programs, (d) reports by participants  and  (e)
  cooperation  by  participants,  provided,  however,  that such rules and
  regulations, or failure to adopt the same, shall not prevent  withdrawal
  of  a participant from the plan upon the condition that such participant
  shall pay, in a lump sum or in installments, an equitable share  of  the
  outstanding  liabilities  of  the plan as of the date of withdrawal. Any
  payments required upon entry  to  or  withdrawal  from  a  plan  may  be
  financed,  in whole or in part, by any municipal corporation or district
  corporation by the issuance of bonds or capital notes  pursuant  to  the
  local finance law.
2.  Such rules and regulations may also provide that for any violation
  thereof or of this chapter, a participant may be expelled from the  plan
  or be charged with a penalty. Any such penalty shall be collected at the
  same  time  and in the same manner as other charges against participants
  as provided in section sixty-seven of this chapter,  or  in  such  other
  manner  as  may be provided in such rules and regulations. A participant
  liable for the payment of a penalty may by action of its governing  body
  elect  to recover the amount thereof from the public officer or employee
  whose act or failure to act resulted in the imposition of such  penalty.
  In such event, the amount of the penalty may be withheld from the salary
  or other remuneration payable to such officer or employee.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 66 - Apportionment of Costs.

§  66. Apportionment of costs. 1. The total of the several amounts set
  forth in the annual estimate prepared pursuant to section sixty-seven of
  this chapter shall be apportioned to each participant in the  proportion
  that  the  full  valuation  of  its  taxable  real property bears to the
  aggregate full valuation of all participants;  provided,  however,  that
  the rules and regulations adopted pursuant to section sixty-five of this
  chapter may provide that apportionments to a class of participants shall
  be  based  on  a percentage of full valuation rather than on entire full
  valuation.
2. The full valuation of taxable real property shall be determined  by
  the  use  of  state  equalization  rates established pursuant to article
  two-a of the tax law. The full valuation of a public benefit corporation
  shall be the same as the full valuation of taxable real property of  the
  tax district or districts within which it operates.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 67 - Annual Estimate; Payments by Participants.

§  67.  Annual estimate; payments by participants. 1. The committee or
  administrator shall annually,  not  later  than  the  fifteenth  day  of
  August,  file  with  the board of supervisors an estimate of the several
  amounts necessary for the ensuing calendar year (a) to meet the payments
  with respect to the liability of participants required to be made by the
  county pursuant to section sixty-three of this chapter, (b) to  pay  the
  administrative  expenses  of the plan, (c) to repay any amounts advanced
  to the plan and (d) to provide for contributions to the reserve, if any.
  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. A list of the  amount  of  the  share
  payable  by each participant shall be furnished to the county treasurer.
  The committee or administrator shall notify each participant in  writing
  not  later  than  September  first  of  the  amount  of such share. Each
  participant shall pay the county treasurer the amount  so  specified  in
  such  notice  not  later than thirty days after the commencement of such
  participant's next  fiscal  year.  All  amounts  so  received  shall  be
  credited to the county self-insurance fund. If any such amount shall not
  be  paid within the time limit, the same shall be recovered by an action
  brought by the county or such amount shall be certified  by  the  county
  treasurer  to  the  board  of  supervisors  for  inclusion  in  the next
  succeeding tax levy, if any, against property taxable by the participant
  responsible therefor.
2. Notwithstanding the foregoing provisions of this section, the board
  of supervisors may by local law  provide,  in  lieu  of  collecting  the
  amounts  apportioned to participants, or a class thereof, as provided in
  subdivision one of this section, that each such participant's  share  of
  such  amounts shall be collected by inclusion in the next succeeding tax
  levy against property taxable by the participant  responsible  therefor.
  When  collected  such amounts shall be paid over to the county treasurer
  and by him credited to the county self-insurance fund.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 68 - Advances to County Self-Insurance Fund.

§ 68. Advances to county self-insurance fund. If at any time there are
  insufficient  moneys in the county self-insurance fund, exclusive of the
  reserve, to operate the plan, the county treasurer shall advance to such
  fund such amount from the general  fund  of  the  county,  as  shall  be
  requested  by  the committee or administrator and approved by resolution
  of the board of supervisors. Any such advance shall be repaid as soon as
  moneys are available therefor, but in no event later than the  close  of
  the  calendar year succeeding the calendar year in which the advance was
  made. However, any such advance may be repaid not later than  the  close
  of  the  second calendar year succeeding the calendar year in which such
  advance was made,  when  made  during  such  calendar  year  at  a  time
  subsequent  to  the  preparation  of  the  estimate  by the committee or
  administrator for the succeeding calendar year.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 69 - Reserve.

§  69.  Reserve. 1. The board of supervisors in connection with a plan
  may by local law establish a  self-insurance  reserve.  Such  local  law
  shall  prescribe the maximum amount which may be contributed to any such
  reserve.
2. The committee or administrator may  at  any  time  in  its  or  his
  discretion  expend  moneys  in  such reserve to pay any liability of the
  plan.
3. The committee or administrator may direct the county  treasurer  to
  invest  moneys  in  any such reserve in the manner prescribed by section
  eleven of the general municipal law.
4. In the event of abandonment of a plan, all moneys remaining in such
  reserve in excess of an amount sufficient to  satisfy  all  accrued  and
  contingent  liabilities,  shall  be refunded to the participants in such
  manner as may  be  provided  by  local  law  adopted  by  the  board  of
  supervisors.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 70 - Excess or Catastrophe Insurance; Public Group Self-Insurance Plans.

§  70.  Excess  or  catastrophe insurance; public group self-insurance
  plans. 1. The committee or administrator, subject to the approval of the
  board of supervisors, may on behalf  of  the  plan  purchase  excess  or
  catastrophe   insurance.   The  cost  of  such  insurance  shall  be  an
  administrative expense of the plan.
2. The committee or administrator, subject  to  the  approval  of  the
  board  of  supervisors,  may  on  behalf of the plan join a public group
  self-insurer established under subdivision three-a of section  fifty  of
  this  chapter. Notwithstanding any other provision of this chapter, when
  the committee or administrator contracts on behalf of the plan to join a
  public group self-insurer:
a. the public group self-insurer,  the  county  and  each  participant
  shall  remain  liable in the manner provided in the plan for claims made
  prior to the date on which the plan joins the public group self-insurer;
  and
b. the committee or administrator shall  establish,  before  the  plan
  joins  the  public  group  self-insurer,  a method, which may be amended
  annually thereafter, by which to apportion among the participants in the
  plan the cost of its membership in the public group self-insurer and all
  claims made after the date on which the  plan  joins  the  public  group
  self-insurer,  and each participant in the plan shall pay its respective
  share of the cost to the county treasurer,  who  shall  pay  the  public
  group self-insurer on behalf of all plan participants.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 72 - Annual Report.

§  72.  Annual  report.  The  county  treasurer  shall annually make a
  financial report of the plan to the state comptroller as of the close of
  the calendar year.  Such reports shall be in such form and contain  such
  information  as  may be prescribed by the state comptroller. All reports
  shall be duly verified and shall be filed  with  the  state  comptroller
  within  sixty  days after the close of the calendar year. A copy of such
  report shall within the same time be transmitted to  the  clerk  of  the
  board of supervisors and to each participant in the plan.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 73 - Abandonment of Plan.

§ 73. Abandonment of plan. The board of supervisors of a county may by
  local  law  provide  for  the abandonment of a plan, effective as of the
  close of the calendar year then in progress. Such plan,  however,  shall
  continue  to  operate  thereafter  until  all  liabilities  of  the plan
  incurred prior to such effective date shall have been satisfied and  all
  advances  to the county self-insurance fund shall have been repaid. Such
  local law shall provide a method for the distribution of any  assets  of
  the  plan  remaining after all such liabilities have been satisfied. The
  provisions of this  section  shall  not  apply  to  any  plan  abandoned
  pursuant  to section sixty-one of this chapter. At the discretion of the
  chair, the board of supervisors of a county may execute an assumption of
  workers' compensation liability insurance policy securing  such  further
  and  future  contingent  liability  as  may arise from prior injuries to
  workers and be incurred by reason of any change in the condition of such
  workers warranting the board making subsequent  awards  for  payment  of
  additional  compensation. Such policy shall be in a form approved by the
  superintendent of financial services and shall be issued  by  the  state
  fund  or any insurance company licensed to issue this class of insurance
  in this state. In the event that such policy is issued by  an  insurance
  company  other  than the state fund, then said policy shall be deemed to
  be of the kind specified in  paragraph  fifteen  of  subsection  (a)  of
  section  one  thousand  one  hundred  thirteen  of the insurance law and
  covered by the  workers'  compensation  security  fund  as  created  and
  governed by article six-A of this chapter. It shall only be issued for a
  single complete premium payment in advance by the county, city, village,
  town,  school  district, fire district or other political subdivision of
  state  and  in  an  amount  deemed  acceptable  by  the  chair  and  the
  superintendent  of financial services. In lieu of the applicable premium
  charge ordinarily required to be imposed  by  a  carrier,  said  premium
  shall  include a surcharge in an amount to be determined by the chair to
  satisfy all assessment liability due and owing to the board  and/or  the
  chair  under  this chapter. Said surcharge shall be payable to the board
  simultaneous to the execution of the assumption of workers' compensation
  liability insurance policy. However, the payment of said surcharge  does
  not  relieve  the  carrier from any other liability, including liability
  owed to the superintendent of financial  services  pursuant  to  article
  six-A  of this chapter. When issued such policy shall be non-cancellable
  without recourse for any cause during the continuance of  the  liability
  secured and so covered.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 74 - Manner of Adoption of Local Laws.

§ 74. Manner of adoption of local laws. A local law authorized by this
  article  shall be adopted in the manner prescribed in the municipal home
  rule law, or, in the case of a county  operating  under  an  alternative
  form  of  county  government, in the manner provided for such county for
  the adoption of local laws.   Notwithstanding any  general,  special  or
  local  law,  a  local  law adopted pursuant to this article shall not be
  subject to a mandatory or permissive referendum.
2023 New York Laws › WKC - Workers' Compensation › Article 5 - County Self-Insurance Plan › 75-A - Enacted Without Section Heading.

§ 75-a. In a county which has established the office of county auditor
  the  board  of  supervisors  may  by  resolution  place  all  duties  of
  administration upon such auditor. This provision shall apply to all such
  plans whether established under this article or under former subdivision
  three-a of section fifty of this act.
2023 New York Laws › WKC - Workers' Compensation › Article 6 - State Insurance Fund. › 77 - Administration.

§  77.  Administration. The state insurance fund shall be administered
  by the commissioners of the state insurance fund, of whom there shall be
  ten. The commissioner of labor shall, in addition, be a commissioner  of
  such  fund by virtue of his or her office. The commissioners shall elect
  annually from the appointive members a chair and a vice-chair who  shall
  act  as chair in the absence of the chair. The commissioner of labor may
  designate a deputy commissioner to act in his or her place and stead  as
  a commissioner of such fund. The commissioners shall be appointed by the
  governor,  by  and  with  the  advice  and  consent  of  the senate. One
  commissioner shall be appointed by the governor upon  recommendation  by
  the  New  York State American Federation of Labor-Congress of Industrial
  Organizations, and one commissioner shall be appointed by  the  governor
  upon  recommendation  of  the Business Council of the State of New York.
  They shall be policyholders insured in the  state  insurance  fund.  The
  commissioners  shall  be  appointed  for terms of three years each. They
  shall serve until their successors are  appointed  and  have  qualified.
  Vacancies  shall  be  filled  for the unexpired terms. Each commissioner
  shall before entering upon his or her duties,  take  and  subscribe  the
  constitutional  oath of office which shall be filed in the office of the
  secretary of state.
2023 New York Laws › WKC - Workers' Compensation › Article 6 - State Insurance Fund. › 78 - Salaries and Expenses.

§  78.  Salaries  and  expenses. The commissioners shall not receive a
  salary or  other  compensation,  but  shall  receive  their  actual  and
  necessary traveling and other expenses incurred in connection with their
  attendance  upon  meetings  or  the business of the fund, which shall be
  paid  out  of  the  fund  upon  the  warrant  of  the  chairman  of  the
  commissioners or of the vice-chairman.
2023 New York Laws › WKC - Workers' Compensation › Article 6 - State Insurance Fund. › 79 - Meetings.

§  79.  Meetings.  The  commissioners shall meet at least once in each
  month, except the month of August, and at such other times as  they  may
  determine  or the business of the fund may require. Special meetings may
  be called by the industrial commissioner upon five days' notice, and may
  also be called by any two commissioners upon like notice. Minutes  shall
  be kept of all regular and special meetings, and shall show the names of
  the   commissioners  attending,  and  each  matter  brought  before  the
  commissioners for their consideration together with  the  vote  of  each
  commissioner  thereon.  The  secretary  shall  be  the  custodian of the
  minutes and records thereof, and shall perform  such  other  duties  and
  have  such  other administrative powers as may be assigned to him by the
  commissioners.
2023 New York Laws › WKC - Workers' Compensation › Article 6 - State Insurance Fund. › 83 - Rules.

§ 83. Rules. The commissioner shall adopt rules for the conduct of the
  business  of  the  state fund, and may from time to time alter, amend or
  repeal any rule therefore adopted. At least six affirmative votes  shall
  be  required for the adoption of any rule, or the amendment or repeal of
  any rule. No rule, and no resolution proposing to alter, amend or repeal
  any rule, shall be effective unless  approved  by  the  commissioner  of
  labor.  If  the commissioner of labor fails to act upon any such rule or
  resolution within thirty days after it is communicated to  him  or  her,
  such rule or resolution shall be deemed to have been approved.
The  rules  of  the commissioners shall provide for the conduct of the
  business of the state insurance fund, including the issuance of policies
  and their terms and conditions, the fixing of premium rates, the keeping
  of records, auditing of payrolls, and  the  billing  and  collection  of
  premiums  therefor,  the  inspection  of  risks  and  the setting of the
  standards of safety, the adjustment and payment of  claims  and  awards,
  and  the  investigation  of  all  matters  relating thereto, the medical
  examination of persons claiming  compensation  and  the  furnishing  and
  supervision  of medical and surgical treatment to persons injured as set
  forth in this chapter, the conduct of the legal business of the fund and
  the enforcement of the subrogated  rights  of  the  fund  against  third
  parties, the investment of the surplus and reserves of the fund, and the
  collection  and analysis of statistics of payrolls, premiums, losses and
  expenses and the actuarial consideration thereof.
2023 New York Laws › WKC - Workers' Compensation › Article 6 - State Insurance Fund. › 84 - General Attorney.

§ 84. General attorney. There shall be a general attorney of the state
  fund.  He shall have such legal and other assistants as may be required,
  within the limits set forth in the budget.
It  shall  be  the  duty  of  the  general  attorney  to  advise   the
  commissioners  and  the  management  of the fund upon all matters of law
  arising in connection with any contract or policy of insurance issued by
  the fund, and upon any claim or award of compensation. He  shall  appear
  as  the  attorney  of record in all suits and other proceedings to which
  the state fund or  the  commissioners  thereof  are  parties.  He  shall
  conduct  all  appeals  on behalf of employers insured in the fund and on
  behalf of the fund  itself,  except  where  there  is  a  divergence  of
  interest  between  the  employer  and  the  fund, in which case he shall
  appear on behalf of the  fund  alone.  He  shall  prosecute  all  claims
  against  third parties under the subrogated rights of the state fund, in
  accordance with the provisions of section twenty-nine of  this  chapter.
  He  shall  have the right, subject to the approval of the commissioners,
  to employ special counsel in matters involving special  difficulty,  and
  to provide for the payment of their compensation and expenses out of the
  state fund.