2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 25-B - Awards to Non-Residents: Non-Resident Compensation Fund.

§  25-b.  Awards  to non-residents: Non-resident compensation fund. 1.
  There is  hereby  created  a  fund  to  be  known  as  the  non-resident
  compensation  fund.  Whenever  an  award  is  made  to  or  on behalf of
  noncitizen dependents, non-residents of the  United  States,  Canada  or
  Newfoundland,  or  an  award  is  made  to a non-resident citizen of the
  United States, which calls for the  payment  of  compensation  or  death
  benefits,   or   where   there  is  outstanding  an  unpaid  balance  of
  compensation or death benefits payable  to  such  non-resident,  and  it
  shall  appear that the person or persons to whom the award has been made
  or any balance of such award is payable, would not have the full benefit
  or use or control of the money payable under such award, or where  other
  special  circumstances  made  it  desirable  that present payment of the
  award shall be withheld, the employer,  or  if  insured,  his  insurance
  carrier,  or  any special fund liable for such payment, may, by order of
  the board, be required to pay to the comptroller of  the  state  of  New
  York all amounts then due or thereafter to become due under the terms of
  the  award  to such non-resident. The moneys so paid in shall be held by
  the comptroller in the non-residents compensation fund.
2. All computations for the commutation of any such award for  payment
  into the said fund shall be made in accordance with the tables specified
  in section twenty-seven of this chapter.
3.  The  payment of the amount of any such award into the non-resident
  compensation fund shall constitute a complete discharge of the  employer
  or insurance carrier from all liability for such award.
4. If at any time there shall be created by any act of the congress of
  the  United  States or by any lawful rule or regulation of the president
  any agency or fund for the safekeeping or custody of moneys belonging to
  or payable to any non-resident noncitizen, and if such act or rule shall
  require the payment into such agency or fund of any  moneys  theretofore
  paid  into  the  fund  for  foreign  dependents,  the board may make its
  findings and issue its order thereon  directing  the  transfer  of  such
  moneys by the comptroller to such other agency or fund.
5.  Any moneys so paid into such fund shall be held by the comptroller
  until the further order of the board. Whenever the board shall find that
  the reasons and conditions which made it desirable that payment into the
  fund be made have changed and that the cause for such withholding  shall
  no longer exist, the board may make findings and issue its order thereon
  directing  the payment without interest of the whole or any part thereof
  then due by the comptroller to the person or persons for  whose  benefit
  the award was made.
6.  If  the  board,  at any time, upon evidence presented to it, shall
  find that all or any part of the funds so deposited in such fund are not
  due and  payable  to  the  non-resident  for  whose  benefit  they  were
  deposited,  it  shall  direct the repayment of such amount so deposited,
  without interest, by the comptroller to the party required to  make  the
  deposit as aforesaid.
7.  If  no  evidence  shall  be  presented to the board of the present
  existence of any such non-resident within eight years from the date when
  the board has found that the precedent conditions set forth in paragraph
  one hereof have changed and that direct payments could be made  to  such
  person  or  persons  if  such  person  or persons are alive, it shall be
  presumed in the absence of substantial evidence to  the  contrary,  that
  such  person  or  persons are non-existent and the board shall thereupon
  order the payment without interest  of  the  amount  deposited  for  the
  benefit  of  such  person  or persons to the party required to make such
  deposit as aforesaid, provided however, that thereafter  such  employer,
  carrier or fund receiving such repayment shall continue to be liable for

  any   compensation   subsequently   found   by  the  board  to  be  due,
  notwithstanding any other provisions of this chapter.