Aggregated by Superinsight from public-domain sources, as of 2026-09-02.
N.Y. Workers' Comp. Law § 60
NYS Open Legislation, revision of 2019-01-11.
§ 60. Definitions. As used in this article, the following terms shall mean and include:
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.
"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.
"Plans." The plan of self-insurance provided for in this article.
"Committee." The committee appointed pursuant to section sixty-four of this chapter to administer the plan.
"Administrator." The administrator appointed pursuant to section sixty-four of this chapter to administer the plan.
"Participant." A public corporation participating in a plan.
"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.
"Reserve." The self-insurance reserve provided for in section sixty-nine of this chapter.
N.Y. Workers' Comp. Law § 61
NYS Open Legislation, revision of 2019-01-11.
§ 61. Continuance of existing plans; establishment of new plans. 1. Plans of mutual self-insurance heretofore adopted by boards of supervisors of counties pursuant to former subdivision three-a of section fifty of this chapter, are hereby continued; provided, however, that the board of supervisors of a county must provide by local law for the continuation of the plan and for the administration thereof pursuant to this article on or before July thirty-first, nineteen hundred fifty-six, or such plan shall be deemed abandoned as of October thirty-first, nineteen hundred fifty-six, subject to the provisions of subdivision two of section seventy-five of this chapter. All such plans not so abandoned shall be operated pursuant to the provisions of this article and local laws adopted pursuant thereto.
The board of supervisors of a county may by local law establish the plan of self-insurance provided for in this article.
A local law establishing a plan pursuant to this article may, notwithstanding the provisions of paragraph f of subdivision one of section eleven of the municipal home rule law, provide that the provisions of subdivision three of section sixty-three of this article, as amended from time to time, shall not be applicable to the plan in that county and, if such plan is established, the term "liability", as used in this article, shall not include any compensation, assessments or other obligations under the volunteer firefighters' benefit law and the provisions of subdivision three of section sixty-three of this article, as amended from time to time, shall not be applicable in relation to such plan.
If a plan has been continued pursuant to this article, the board of supervisors may, notwithstanding the provisions of paragraph f of subdivision one of section eleven of the municipal home rule law, adopt a local law on or before the first day of August in any year to provide that the provisions of subdivision three of section sixty-three of this article, as amended from time to time, shall not be applicable to the plan in that county after the thirty-first day of December in such year, except as to liabilities existing on such latter date, and, if such a local law is adopted, the term "liability", as used in this article, shall not include any compensation, assessments or other obligations under the volunteer firefighters' benefit law, and the provisions of subdivision three of section sixty-three of this article shall not be applicable in relation to such plan, after the thirty-first day of December in such year, except as to, and in connection with, liabilities existing on such thirty-first day of December.
If a local law has been adopted pursuant to either subdivision three or subdivision four of this section, the board of supervisors may, notwithstanding the provisions of paragraph f of subdivision one of section eleven of the municipal home rule law, adopt a local law on or before the first day of August in any year to provide that the provisions of subdivision three of section sixty-three of this chapter, as amended from time to time, shall be applicable to the plan in that county after the thirty-first day of December in such year, and, if such a local law is adopted, the term "liability", as used in this article shall include any compensation, assessments, or other obligations under the volunteer firefighters' benefit law, the volunteer ambulance workers' benefit law, and the provisions of subdivision three of section sixty-three of this chapter shall be applicable in relation to such plan, after the thirty-first day of December in such year, and, further, the provisions of section sixty-seven of this chapter shall be applicable on and after the first day of August in such year in relation to such plan.
Notwithstanding the provisions of paragraph f of subdivision one of section eleven of the municipal home rule law, the board of supervisors of a county may by local law amend the definition of "liability", as defined in subdivision seven of section sixty of this article, to exclude any liability under paragraph m of subdivision one of section five of the volunteer firefighters' benefit law.
N.Y. Workers' Comp. Law § 62
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 63
NYS Open Legislation, revision of 2014-09-22.
§ 63. Liability of county. 1. In the case of plans established pursuant to former subdivision three-a of section fifty of this chapter and continued pursuant to the provisions of section sixty-one of this chapter, payments with respect to (a) the liability of participants arising on and after January first, nineteen hundred fifty-seven, and (b) the joint liability of the participants imposed pursuant to such former subdivision three-a of section fifty of this chapter, shall be made by the county.
When a plan is established pursuant to this article, payments with respect to the liability of participants arising on and after the effective date of the plan shall be made by the county.
Where a town participates in a plan, in addition to payments with respect to the liability of the town, the county shall make payments with respect to that portion of the liability of all villages, fire districts, fire protection districts and fire alarm districts within such town and all territory within such town outside cities, villages, fire districts, fire protection districts and fire alarm districts arising out of the death of or injury to volunteer firefighters; provided, however, that the county shall not be obligated to make such payments in the case of a village, fire district, fire protection district or fire alarm district, located in more than one town unless the town board of each town containing part of the village or district by resolution elects to become a participant in the plan. Participation in a plan by a village or fire district shall make the county liable for such payments where the town or towns in which such village or fire district is located are not participants in the plan. The term "injury", as used in this subdivision, means "injury" as defined in subdivision four of section three of the volunteer firefighters' benefit law, as amended from time to time. If a county has elected to establish a self-insurance plan for itself, it may elect to extend coverage under such plan to voluntary ambulance companies upon the same terms and conditions as such coverage applies to volunteer firefighters.
The expenditure of county funds for payments authorized or required by this article is hereby declared to be for a county purpose.
For the purposes of this article, officers and employees of a soil conservation district located wholly within a county shall be deemed employees of the county in which such district is located.
Notwithstanding the foregoing provisions of this section, each participant alone shall be obligated to pay the increased liability provided for by section fourteen-a of this chapter.
Notwithstanding any other provision of this chapter, each participant in a plan continued or established pursuant to this article shall be deemed to have duly taken such action, as would have otherwise been required by this chapter, to elect to bring all of its employees, or officers, elected or appointed or otherwise, not enumerated in section three, subdivision one, groups one to seventeen inclusive, of this chapter, within the coverage of this chapter hereafter, notwithstanding the definitions of the terms "employment", "employer", or "employee" in subdivisions three, four and five of section two of this chapter, and each participant which has any group, as defined by order of the New York state civil defense commission, of civil defense volunteers not enumerated in section three, subdivision one, group seventeen, who are personnel of a volunteer agency of the local office of such participant, as defined in the state defense emergency act, shall be deemed to have duly taken such separate and distinct action of its legislative or other governmental body, as would otherwise have been required by this chapter, to bring such group of civil defense volunteers within the coverage of this chapter hereafter as to their authorized civil defense services to the extent not covered under article ten of this chapter, and hereafter all such officers and employees and such civil defense volunteers of a participant in a plan continued or established pursuant to this article shall be within the coverage of this chapter to the same extent as if all appropriate action had been taken pursuant to section three, subdivision one, group nineteen, or any other applicable provision, of this chapter; provided, however, in relation to such officers and employees of the participant, or any class or group of such officers and employees of the participant or for such civil defense volunteers who are personnel of the participant, a participant may (1) elect not to provide such coverage, (2) elect to provide such coverage in a manner provided in section fifty of this chapter other than under article five thereof, (3) elect to revoke an election made under either "(1)" or "(2)" above and adopt the other of such elections, or (4) elect to revoke an election made under either "(1)" "(2)" or "(3)" above and have such coverage provided under the plan as if no election had been made hereunder. Any such election shall become effective when adopted if it is filed with the chairman of the workmen's compensation board and with the committee or administrator of the plan within ten days after adoption, otherwise it shall become effective when filed with both the chairman of the workmen's compensation board and the committee or administrator of the plan. The chairman of the workmen's compensation board may prescribe the form or forms of any such election. Notwithstanding the provisions of section three, subdivision one, group nineteen, of this chapter, if the county elects to exclude one or more groups of such civil defense volunteers of the county's office of civil defense, then the plan shall not be liable for coverage under this chapter for such civil defense volunteers so excluded, but this shall not preclude a town or a village in such county or a city participating in the consolidated county office of civil defense of such county from bringing the members of such group or groups of duly enrolled civil defense volunteers who are residents of and are enrolled from such town, village or city within the coverage of this chapter during any period when the county has so excluded, but in any such case the compensation shall be secured in a manner provided in section fifty of this chapter other than under article five thereof. This subdivision shall not affect the coverage of officers and employees and civil defense volunteers for whom mandatory coverage is provided under this chapter.
Except as provided in subdivision three or nine of this section in relation to volunteer firefighters and volunteer ambulance workers, participation in a plan by a town shall not make the county liable for payments of compensation under this chapter in relation to the officers and employees of a fire or ambulance district located in whole or in part in such town. Except as provided in subdivision three of this section in relation to volunteer firefighters or subdivision nine of this section in relation to volunteer ambulance workers, the county shall be liable for payments of compensation under this chapter in relation to the officers and employees of a fire or ambulance district only in cases where the fire or ambulance district is a participant in the plan.
Where a town participates in a plan, in addition to payments with respect to the liability of the town, the county shall make payments with respect to that portion of the liability of all villages, ambulance districts, within such town and all territory within such town outside cities, villages, ambulance districts, arising out of the death of or injury to volunteer ambulance workers; provided, however, that the county shall not be obligated to make such payments in the case of a village, ambulance district, located in more than one town unless the town board of each town containing part of the village or district by resolution elects to become a participant in the plan. Participation in a plan by a village or ambulance district shall make the county liable for such payments where the town or towns in which such village or ambulance district is located are not participants in the plan. The term "injury", as used in this subdivision, means "injury" as defined in subdivision four of section three of the volunteer ambulance workers' benefit law, as amended from time to time.
N.Y. Workers' Comp. Law § 64
NYS Open Legislation, revision of 2014-09-22.
§ 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.
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.
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.
N.Y. Workers' Comp. Law § 65
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 66
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 67
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 68
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 69
NYS Open Legislation, revision of 2014-09-22.
§ 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.
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.
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.
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.
N.Y. Workers' Comp. Law § 70
NYS Open Legislation, revision of 2023-09-22.
§ 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.
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.
N.Y. Workers' Comp. Law § 71
NYS Open Legislation, revision of 2014-09-22.
§ 71. Accrual of liabilities. 1. Notwithstanding any other provision of this article, a county may by local law provide for the operation of a plan on an accrued liability basis whereby amounts charged to participants shall be based on the estimated total liability of participants actuarially computed, arising each year. A county also may by local law provide for the operation of a plan on an experience rating basis, whereby amounts charged to participants shall be based either partially or totally on the past liability of participants. Once adopted, an accrued liability basis or an experience rating basis shall not thereafter be discontinued.
If a county elects to operate its plan on an experience rating basis, the chief elected official of such county shall create and appoint a labor-management safety committee. The purposes of the committee shall be to educate public employees of the plan participants in proper health and safety procedures in the work places of the participants, and to design such additional programs as may be appropriate to the development of a safe working environment in participants' facilities and job sites. The committee shall accomplish these purposes by establishing and maintaining such employee safety and health programs as it deems appropriate and by publicizing the availability of such programs. The purposes and powers of the committee may be expanded by the county by adopting rules and regulations pursuant to section sixty-five of this chapter.
The committee, which shall be appointed by the chief elected official, shall be comprised of an equal number of employer and employee representatives consisting of not less than three nor more than five representatives each of the employer and of the employees, respectively. The participants in the plan shall submit to the chief elected official a list of candidates for the labor-management safety committee. In cases in which employee organizations recognized or certified to represent employees of the participants pursuant to article fourteen of the civil service law exist, such recognized or certified employee organizations shall submit a list of employee candidates for the labor-management safety committee to the chief elected official. The chief elected official shall create the committee from the lists of candidates so submitted. The chief elected official, or person designated by him, shall act as the chairperson of the committee, but shall not be entitled to vote on any committee business. The members of the committee shall serve without salary, but shall be entitled to reimbursement for reasonable and necessary expenses incurred in the performance of their official duties pursuant to this section. The committee shall meet at least four times a year, with at least one meeting in each calendar quarter. The chairperson shall designate the dates of the meeting, and shall give at least ten days written notice to each committee member of each meeting. The costs and expenses of the committee and its health and safety programs shall be an administrative expense of the plan.
A recognized or certified employee organization may file a grievance in writing with the chief elected official of the county alleging that the county is not complying with subdivision two or three of this section. The grievance shall designate in detail the particulars in which the employee organization alleges the county has failed to comply with either or both such subdivisions. The chief elected official shall answer the grievance in writing within fifteen days of its filing.
If such answer is unsatisfactory to the employee organization, or is not received by the employee organization within fifteen calendar days, then the employee organization may submit the grievance to arbitration. In such event the employee organization shall request in writing a list of three arbitrators from the nearest regional office of the American arbitration association. The association shall compile and send a copy of such list to each party. Each party shall rank the arbitrators in order of decreasing preference from one to three and shall return the marked list within ten calendar days of receipt to the regional office of the American arbitration association from which the list was requested. Such office shall then determine the arbitrator most acceptable to both parties.
The arbitrator selected shall hear arguments from both parties and from such additional witnesses as the arbitrator deems necessary to assist in rendering a decision. Within thirty days of such hearing the arbitrator shall render a decision which shall be final and binding on both parties.
N.Y. Workers' Comp. Law § 72
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 73
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 74
NYS Open Legislation, revision of 2014-09-22.
§ 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.
N.Y. Workers' Comp. Law § 75
NYS Open Legislation, revision of 2014-09-22.
§ 75. Transition provisions. 1. Existing plans continued.
a. Notwithstanding the effective date of this article, plans heretofore established pursuant to former subdivision three-a of section fifty of this chapter and not abandoned pursuant to the provisions of section sixty-one of this chapter, shall continue to operate subject to the provisions of such subdivision through December thirty-first, nineteen hundred fifty-six, with the same force and effect as if such subdivision had not been repealed; provided, however, that no apportionment shall be made thereunder during the year nineteen hundred fifty-six, and provided further, that unless a committee or administrator is appointed pursuant to the provisions of section sixty-four of this chapter prior to August first, nineteen hundred fifty-six, the committee managing the plan pursuant to former subdivision three-a of section fifty of this chapter shall prepare the estimate and make the apportionments provided for in paragraph b of this subdivision.
b. The committee or administrator shall, during the month of August, nineteen hundred fifty-six, prepare an estimate of the several amounts necessary for the operation of the plan under this article for the year nineteen hundred fifty-seven as provided in section sixty-seven of this chapter, except that such estimate shall not provide for the repayment of any advances made by the county. 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. The amounts so apportioned shall be collected in the same manner and at the same time as provided in section sixty-seven of this chapter.
c. Except in the county of Wayne, the committee or administrator shall, during the month of January, nineteen hundred fifty-seven, determine the total amount due the county for advances made to the plan prior to January first, nineteen hundred fifty-seven. All moneys of the plan as of December thirty-first, nineteen hundred fifty-six, shall be applied to the repayment of all such advances. If such moneys shall be insufficient for such purpose, such an amount as may be necessary to repay the balance of such advances shall be apportioned to each participant in the plan as of such date in the manner provided in former subdivision three-a of section fifty of this chapter. Each such participant shall be notified in writing not later than the fifteenth day of February, nineteen hundred fifty-seven, of the amount so apportioned as such participant's share. Each such participant shall pay the county treasurer such amount by October first, nineteen hundred fifty-seven. If not paid on or before such date, such amount shall be recovered by an action brought by the county or such amount shall be collected by inclusion in the next succeeding tax levy, if any, against property taxable by the participant responsible therefor. Any such participant may provide all or part of such amount by the issuance of bonds or capital notes pursuant to the local finance law. All repayments of advances shall be credited by the county treasurer to the fund from which such advances were made.
d. Any moneys of the plan as of December thirty-first, nineteen hundred fifty-six, remaining after the repayment of all advances as provided in paragraph c of this subdivision, shall be applied to the payment of liabilities or may be credited to a reserve established pursuant to section sixty-nine of this chapter.
b. During the month of November nineteen hundred fifty-six, such committee shall determine (1) the amount necessary to repay all advances from the county and (2) the amount, actuarially computed, necessary to satisfy all outstanding joint liabilities of the participants. The committee shall then determine the share of such amounts chargeable to each participant in the plan in the manner prescribed by former subdivision three-a of section fifty of this chapter. The amounts so apportioned shall be collected in the same manner and at the same time as provided in such former subdivision. All moneys collected pursuant to this subdivision, after the repayment of advances, shall be accounted for by the county treasurer in the workmen's compensation mutual fund. Disbursements from such fund shall be made upon the order of the committee.
c. If at any time thereafter there shall be insufficient funds to meet such liabilities, the committee shall in like manner apportion and cause to be collected from each participant in the plan as of the date of abandonment, the amount necessary to satisfy such liabilities. The equalized valuations used as a basis for any such apportionment shall be those existing as of the date of abandonment.
N.Y. Workers' Comp. Law § 75-A
NYS Open Legislation, revision of 2014-09-22.
§ 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.