2006 New York Code - Administrative Expenses.

 
    § 60. Administrative  expenses.  1.  The  chairman  of  the  workmen's
  compensation board and the department of audit and control, as  soon  as
  practicable   after  April  first,  nineteen  hundred  fifty-seven,  and
  annually  as  soon  as  practicable  after  April  first  in  each  year
  thereafter,  shall  ascertain the total amount of expenses, including in
  addition  to  the  direct  costs  of  personal  service,  the  cost   of
  maintenance and operation, the cost of retirement contributions made and
  workmen's  compensation  premiums paid by the state for or on account of
  personnel, rentals for space occupied in state  owned  or  state  leased
  buildings,  such  additional  sum as may be certified to the chairman of
  the workmen's compensation board and the department of audit and control
  as a reasonable compensation for services rendered by the department  of
  law  and  expenses  incurred by such department, and all other direct or
  indirect costs, incurred  by  the  chairman  or  the  board  during  the
  preceding  fiscal  year  in  connection  with the administration of this
  chapter and in connection with the preparations for  the  taking  effect
  thereof.  The  services  and  expenses  of  the  members,  employees and
  officers of the board related to  this  chapter  and  such  preparations
  shall  be  apportioned and included in the amount to be assessed. If any
  officers or employees of the state perform duties directly which in part
  are related to the administration of this chapter and such  preparations
  and  in  part  not related thereto and if there are other expenses which
  incurred jointly in connection with the administration of  this  chapter
  and  such  preparations and in activities not so connected, an equitable
  apportionment shall be made and only such parts thereof as apply to  the
  administration of this chapter and such preparations shall be chargeable
  to the administrative expenses as provided in this section.
    2.  An itemized statement of the expenses so ascertained shall be open
  to public inspection in the office of the chairman for thirty days after
  notice to all carriers by publication, before an assessment may be  made
  upon such carriers as hereinafter provided.
    3.  The  expenses  of  administration,  including  such  expenses  for
  preparation, for the fiscal years  ended  March  thirty-first,  nineteen
  hundred   fifty-seven   and   nineteen   hundred  fifty-eight  shall  be
  consolidated and reimbursed by one assessment made  after  April  first,
  nineteen  hundred fifty-eight. The chairman shall as soon as practicable
  after April first, nineteen hundred fifty-eight, assess upon and collect
  from each carrier the proportion of such consolidated expenses  for  the
  fiscal  years ended March thirty-first, nineteen hundred fifty-seven and
  nineteen  hundred  fifty-eight,  and  annually  thereafter  as  soon  as
  practicable  after  the close of each fiscal year the proportion of such
  expenses for the preceding fiscal year, that the total indemnity benefit
  payments made by such carrier in such year bore to the  total  indemnity
  benefit  payments made by all insurance carriers. The amounts so secured
  shall be  used  to  reimburse  the  state  treasury  for  appropriations
  theretofore  made  by the state for the payment in the first instance of
  the expenses of administering this chapter and in  connection  with  the
  preparations for the taking effect thereof.
    4.  The  board  shall  keep  an  accurate record of all hearings held.
  Where the decision of a referee is affirmed by the  board  upon  review,
  the  board  shall  assess  against  each  insurance carrier seeking such
  review the sum of one hundred dollars and may assess against  any  other
  party  the  sum  of twenty dollars. These assessments shall be paid into
  the state treasury.
    5. The provisions of subdivision two of section one hundred  fifty-one
  of  the  workmen's compensation law shall not be applicable with respect
  to the apportionment and assessment of  the  expenses  of  administering
  this  chapter, but shall be applicable with respect to the apportionment
  and assessment to replenish the fund for reopened  cases  under  section
  twenty-five-a of the workmen's compensation law and section fifty-one of
  this chapter.
    6.  Assessments for the fund for reopened cases and for the operations
  of the workers' compensation board shall not constitute elements of loss
  but shall for recoupment  purposes  be  treated  as  separate  costs  by
  carriers.  Carriers  shall  assess  such costs on their policyholders in
  accordance with rules set forth by the New York  compensation  insurance
  rating board, as approved by the superintendent of insurance.
    7.  Notwithstanding  the  provisions  of  subdivision  three  of  this
  section, the chair may require that partial payments for expenses of the
  fiscal year beginning April first, nineteen hundred seventy-two, and for
  each fiscal year thereafter, shall be made on June thirtieth,  September
  thirtieth,  December  thirty-first  and  March tenth of each year, or on
  such other dates as the director of the budget may  prescribe,  by  each
  insurance carrier, including the state insurance fund. Each such payment
  shall  be  a  sum equal to twenty-five per centum of the annual expenses
  assessed upon each carrier,  including  the  state  insurance  fund,  as
  estimated  by  the chair. The balance of assessments for the fiscal year
  beginning April first, nineteen hundred seventy-two and each fiscal year
  thereafter, shall be paid upon determination of the actual amount due in
  accordance with the provisions of subdivision three of this section. Any
  overpayment of annual assessments resulting  from  the  requirements  of
  this  subdivision  shall be refunded or at the option of the chair shall
  be applied as a credit against the assessment of the  succeeding  fiscal
  year.  The  requirements  of  this  subdivision shall not apply to those
  carriers whose estimated annual assessment  is  less  than  one  hundred
  dollars  and  such carriers shall make a single payment of the estimated
  annual assessment on or before September thirtieth of the fiscal year.
    8. Commencing with the fiscal year  beginning  April  first,  nineteen
  hundred  seventy-three the provisions of subdivision six of this section
  shall be  applicable  to  any  county,  city,  town,  village  or  other
  political   subdivision   failing   to   secure  insurance  pursuant  to
  subdivisions eight and nine of section thirty.