Bill Text: NY S09023 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to reimbursing certain self-insured groups for which the chair of the workers' compensation board has approved a deficit assessment plan; authorizes reimbursement for the full amount of assessments imposed on an inactive self-insured group related to the board's administrative expenses by January 1, 2019 for any such group with a deficit assessment plan approved prior to January 1, 2018, and within one year of the board's approval for a group whose deficit assessment plan was approved on or after January 1, 2018.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-14 - REFERRED TO RULES [S09023 Detail]

Download: New_York-2017-S09023-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          9023
                    IN SENATE
                                      June 14, 2018
                                       ___________
        Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the workers' compensation law, in relation to  reimburs-
          ing  certain  self-insured  groups for which the chair of the workers'
          compensation board has approved a deficit assessment plan
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph f of subdivision 5 of section 50 of the workers'
     2  compensation law, as amended by chapter 139 of  the  laws  of  2008,  is
     3  amended to read as follows:
     4    f.  Whenever the chair shall determine that the compensation and bene-
     5  fits provided by this chapter may be unpaid by reason of the default  of
     6  an  insolvent  private  self-insured employer, including a private group
     7  self-insurer, the chair shall pay such compensation  and  benefits  from
     8  administration  expenses as provided in section one hundred fifty-one of
     9  this chapter upon audit and warrant of  the  comptroller  upon  vouchers
    10  approved  by  the  chair.  Such payments shall be considered expenses of
    11  administration. The chair shall be reimbursed therefor from  the  surety
    12  bond,  cash  or  securities  held or, if such surety bond, securities or
    13  cash is insufficient, by the employer, its receiver, liquidator, rehabi-
    14  litator or trustee in bankruptcy. All moneys reimbursed to the chair  or
    15  recovered  by  the  chair  in  an  action  or  proceeding to secure such
    16  reimbursement shall  forthwith  be  applied  as  a  credit  against  the
    17  expenses  on  which  the assessment levied upon all private self-insured
    18  employers, in accordance with paragraphs c and e of this subdivision, is
    19  calculated, provided that the chair  shall  reimburse  to  any  inactive
    20  self-insured group for which the chair has approved a deficit assessment
    21  plan  the  full  amount of assessments imposed on such inactive self-in-
    22  sured group related to  the  board's  administrative  expenses  incurred
    23  pursuant  to  this  paragraph  in  accordance  with a reimbursement plan
    24  approved by the chair, with such reimbursement to  be  made  by  January
    25  first,  two  thousand nineteen for any such group with a deficit assess-
    26  ment plan approved prior to January first, two  thousand  eighteen,  and
    27  within  one  year  of  the  board's  approval  for a group whose deficit
    28  assessment plan was approved on or after  January  first,  two  thousand
    29  eighteen.
    30    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16289-01-8