§ 88 — Administration expenses

New York § 88

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 6: State Insurance Fund

Text

* § 88. Administration expenses. The entire expense of administering\nthe state insurance fund shall be paid out of such fund. The portion of\nsuch expenses applicable and chargeable to the disability benefits fund\nand the medical and hospital malpractice fund shall be determined on an\nequitable basis with due allowance for the division of overhead\nexpenses. Not later than the first day of November there shall be\nsubmitted to the director of the budget for his approval an estimated\nbudget of expenditures for the succeeding calendar year having due\nregard to the business interests and contract obligations of the fund.\nThere may not be expended for the state insurance fund for purposes of\nadministration more than the amounts specified in such budget for each\nitem of expenditure, except as authorized by the director of the budget.\nIn no case shall the amount of expenditures so authorized for an entire\nyear for workers' compensation insurance exceed twenty-five per centum\nof the earned premiums for such insurance for that year. In no case\nshall the amount of expenditures authorized for the disability benefits\nfund for an entire year exceed twenty-five per centum of the premiums\nearned by that fund. In no case shall the amount of expenditures\nauthorized for the medical and hospital malpractice fund for an entire\nyear exceed twenty-five per centum of the premiums earned by that fund.\nIf there be officers or employees of the department whose duties relate\npartly to the general work of the department and partly to the work of\nthe state insurance fund, and in case there is other expense which is\nincurred jointly on behalf of the general work of the department and the\nstate insurance fund, an equitable apportionment of the expense shall be\nmade and the part thereof which is applicable to the state insurance\nfund shall be chargeable thereto. The expenses of the department of\naudit and control incurred in connection with the pre-audit of\nexpenditures of the state insurance fund, as required by section one\nhundred eleven of the state finance law, shall be a charge against and\nbe paid out of the moneys of the state insurance fund and there shall be\nincluded in the annual estimate submitted pursuant to this section an\namount sufficient to pay such expenses for the period covered by such\nestimate. Notwithstanding section four of the state finance law, the\nstate comptroller is authorized to process or approve payments related\nto business taxes, various workers' compensation board assessments and\nassessments related to the workers' compensation rating board directly\nfrom the fund's accounts without explicit appropriation authority. The\ncommissioner of labor shall include in his annual report to the\nlegislature a statement of the commissioners showing the expense of\nadministering the state fund for the preceding year. All appointments to\npositions in the state insurance fund shall be made subject to civil\nservice requirements.\n * NB There are 2 § 88's\n