§ 551 — Unemployment administration fund

New York § 551

• Jurisdiction: New York
• Law LAB: Labor
• Title 4: Unemployment Funds
• Art. 18: Unemployment Insurance Law

Text

§ 551. Unemployment administration fund. 1. Purpose. The unemployment\nadministration fund shall be continued. It shall consist of all moneys\nreceived by the state or the commissioner for the administration of this\narticle. Such fund shall be handled by the commissioner of taxation and\nfinance and state comptroller as other state moneys are handled; but it\nshall be expended solely for the administration of this article; and its\nbalance shall not lapse at any time but shall remain continuously\navailable to the commissioner for expenditures consistent herewith. All\nfederal moneys allotted or apportioned to the state by any agency of the\nUnited States for the administration of this article shall be paid into\nthe unemployment administration fund, except that moneys received from\nthe federal railroad retirement board as compensation for services or\nfacilities supplied to such agency shall be paid into the unemployment\nadministration fund or the special "employment service account" thereof,\nin the same proportion in which expenditures are made for such services\nor facilities from such fund and account. A special "employment service\naccount" of funds received by the state in accordance with the\nprovisions of the Wagner-Peyser act shall be maintained as a part of\nsuch fund. All moneys allotted or apportioned to the state by any agency\nof the United States, for the administration of this article, paid into\nthe unemployment administration fund, shall be expended solely for the\npurpose and in the amounts found necessary by such agency for the proper\nand efficient administration of this article.\n 2. Replacements from the special fund or general state funds. If any\nmoneys received after June thirtieth, nineteen hundred forty-one, from\nthe United States pursuant to the provisions of the federal social\nsecurity act, or any unencumbered balances in the unemployment\nadministration fund as of that date, or any moneys granted to this state\npursuant to the provisions of the Wagner-Peyser act, or any moneys made\navailable by this state or its political subdivisions and matched by\nsuch moneys granted to this state pursuant to the provisions of the\nWagner-Peyser act, are found by the appropriate agency of the United\nStates because of any action or contingency, to have been lost or\nexpended for the purposes other than, or in amounts in excess of, those\nfound necessary by such agency for the proper administration of this\narticle, it is the policy of this state that such moneys shall be\nreplaced by moneys to be transferred from the special fund or\nappropriated for such purpose from the general funds of this state to\nthe unemployment administration fund for expenditure as provided\nhereunder, but, for the purposes of this subdivision, such moneys shall\nnot include any amount determined by such agency to have been expended\nin accordance with rules, standards, instructions, limitations,\nregulations, or other action by such agency, applicable to such amount\nand prescribed by it prior to the expenditure thereof. Upon receipt of\nnotice of such finding by such agency, the commissioner shall, with the\napproval of the director of the budget, direct the transfer of the\nnecessary moneys from the special fund into the unemployment\nadministration fund. If the moneys available in the special fund are not\nsufficient for this purpose, the commissioner shall promptly report the\nadditional amount required for such replacement to the governor and the\ngovernor shall, at the earliest opportunity, submit to the legislature a\nrequest for the appropriation of such amount.\n The provisions of this subdivision shall not be construed to require\nthe replacement of any amount disbursed for the payment of expenses in\nrelation to the operation of public employment offices by the federal\ngovernment provided the liability resulting in such expenditures has\nbeen incurred in accordance with the request or with the approval of a\nduly authorized agency or official of the federal government.\n 3. Payment of administrative expenses. The total amount of expenses\nincurred by the commissioner in connection with the administration of\nthis article and such proportion of the total expenses of maintaining\nthe public employment offices as established under this chapter and for\nthe purposes of this article, as shall be determined to be necessary and\nrequired by the provisions of this article and so certified by the\ncommissioner, shall, upon audit by the comptroller, be disbursed from\nthe unemployment administration fund. Annually, as soon as practicable\nafter April first, the commissioner and the comptroller shall ascertain\nthe total amount of such expenses incurred during the preceding fiscal\nyear. An itemized statement of the total expenses so ascertained shall\nbe open to public inspection in the office of the commissioner after\nnotice in an official publication of the department. All disbursements\nfrom such fund shall be made by the commissioner of taxation and finance\non the warrant of the comptroller.\n