New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter H - Disability Benefits › Article 2 - Rules Under Disability Benefits Law › Part 377 - Permanent Contributions › Section 377.1 - Adjustment of contributions for employees in concurrent employment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where
					 an employee is engaged in concurrent employment as defined in section
					 363.5  of this Title, such employee
					 shall be entitled to an adjustment in the maximum contributions set forth in
					 section 362.2  of this Title, in accordance
					 with the following provisions of this section; provided, however, that no
					 adjustment shall be required in any case where the total average weekly wages
					 or the normal earnings of the employee in respect to all covered employers do
					 not exceed $60.
(b) Each covered
					 employer whose provision for disability benefits utilizes the allocation clause
					 set forth in the last sentence of subdivision 2 of section 204 (of the Workers'
					 Compensation Law) shall, through appropriate means, advise his employees as to
					 which of the following alternative methods of adjustment such employer has
					 elected to follow:
(1) The contributions of
					 employees engaged in concurrent employment may be currently adjusted with
					 respect to deduction for each payroll period as follows:
(i) Each employee engaged in concurrent
					 employment shall furnish his employer with a statement of his concurrent
					 employment and of his approximate earnings with each employer for whom he is
					 concurrently performing services. The employee shall file a new statement
					 within one month after any significant change in his earnings with one or more
					 of the employers, and any employer to whom such a statement has once been
					 furnished may subsequently require the employee to file a new statement not
					 more frequently than once a month.
(ii) Each covered employer (hereinafter
					 referred to as the
adjusting employer)
whose provision for
					 disability benefits utilizes the allocation clause set forth in the last
					 sentence of subdivision 2 of section 204 (of the Workers' Compensation Law)
					 shall, upon receipt of such a statement, adjust the maximum contributions
					 required of the employee by such employer with respect to pay periods beginning
					 thereafter in accordance with the following schedule:
The adjusted maximum contribution required of an employee
						by the adjusting employer shall not exceed the appropriate amount set forth in
						column B following on the same horizontal line on which in column A there
						appears the adjusting employer's percentage. The adjusting employer's
						percentage shall be computed by dividing the employee's average weekly wages or
						normal earnings with such employer by the total of the employee's average
						weekly wages or normal earnings in respect to all covered employers.
A
B
Adjusting Employer's
								  percentage
Employee's adjusted
								  maximum contribution for employees paid
Weekly
Biweekly
Semimonthly
Monthly
Less than 5% .......
No contributions to be deducted
5% but less than 15%
$.03
$.06
$.07
$.13
15% but less than 25%
.06
.12
.13
.26
25% but less than 35%
.09
.18
.20
.39
35% but less than 45%
.12
.24
.26
.52
45% but less than 55%
.15
.30
.33
.65
55% but less than 65%
.18
.36
.39
.78
65% but less than 75%
.21
.42
.46
.91
75% but less than 85%
.24
.48
.52
1.04
85% but less than 95%
.27
.54
.59
1.17
95% or more
.30
.60
.65
1.30
(iii) The adjustment of the employee's
					 contribution shall be discontinued with respect to pay periods beginning after
					 termination of concurrent employment, and the employee shall promptly give
					 notice of such termination to his employer.