Assembly Bill A8259A

Signed By Governor
2015-2016 Legislative Session

Relates to interim assessments on the members of a defaulted group self-insurer or members of any other terminated group self-insurer

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Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2015-A8259 - Details

See Senate Version of this Bill:
S5979
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §50, Work Comp L

2015-A8259 - Summary

Relates to interim assessments on the members of a defaulted group self-insurer or members of any other terminated group self-insurer; authorizes the chair to levy an interim assessment within 120 days of default; establishes that such time limitations do not apply to the imposition of any subsequent and further deficit assessments.

2015-A8259 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8259

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2015
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Labor

AN ACT to amend the workers' compensation law, in  relation  to  interim
  assessments  on  the  members  of  a  defaulted  group self-insurer or
  members of any other terminated group self-insurer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (b)  of  paragraph  7 of subdivision 3-a of
section 50 of the workers' compensation law, as amended by section 4  of
part R of chapter 56 of the laws of 2010, is amended to read as follows:
  (b)  The  chair  shall  levy an INTERIM assessment on the members of a
defaulted group self-insurer within one  hundred  twenty  days  of  such
default or of the effective date of the chapter of the laws of two thou-
sand  eight  which  amended  this  subdivision,  whichever is later, and
against the members of any  other  terminated  group  self-insurer  when
necessary, for such an amount as he or she determines to be necessary to
discharge  all  liabilities  of  the  group  self-insurer, including the
reasonable cost of liquidation  such  as  claims  administration  costs,
actuarial  and  accounting services, and the value of future assessments
on members of such group self-insurer AS THEY ARE KNOWN AT THE  TIME  OF
THE  INTERIM  ASSESSMENT.    The chair may impose subsequent AND FURTHER
deficit assessments, or return funds to members, to  adjust  the  moneys
collected  to  reflect  the  time of participation, and percent of group
self-insurer liabilities for such time.  THE TIME  LIMITATIONS  INCLUDED
IN  THE  FIRST SENTENCE OF THIS SUBPARAGRAPH DO NOT APPLY TO THE IMPOSI-
TION OF ANY SUBSEQUENT AND FURTHER DEFICIT ASSESSMENTS THAT  EXCEED  THE
INTERIM  ASSESSMENT  MADE  BY  THE  CHAIR AGAINST MEMBERS OF A DEFAULTED
GROUP INSURER OR MEMBERS OF ANY  OTHER  TERMINATED  GROUP  SELF-INSURER.
Notwithstanding  any  such action by the chair, each member of the group
self-insurer shall remain jointly  and  severally  responsible  for  all
liabilities  provided  by  this  chapter  including  but  not limited to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11687-01-5
              

2015-A8259A (ACTIVE) - Details

See Senate Version of this Bill:
S5979
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §50, Work Comp L

2015-A8259A (ACTIVE) - Summary

Relates to interim assessments on the members of a defaulted group self-insurer or members of any other terminated group self-insurer; authorizes the chair to levy an interim assessment within 120 days of default; establishes that such time limitations do not apply to the imposition of any subsequent and further deficit assessments.

2015-A8259A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8259--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2015
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Labor -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN ACT to amend the workers' compensation law, in relation to an interim
  assessment on members of a defaulted group self-insurer

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Subparagraph (b) of paragraph 7  of  subdivision  3-a  of
section  50 of the workers' compensation law, as amended by section 4 of
part R of chapter 56 of the laws of 2010, is amended to read as follows:
  (b) The chair shall levy an INTERIM assessment on  the  members  of  a
defaulted  group  self-insurer  within  one  hundred twenty days of such
default or of the effective date of the chapter of the laws of two thou-
sand eight which amended  this  subdivision,  whichever  is  later,  and
against  the  members  of  any  other terminated group self-insurer when
necessary, for such an amount as he or she determines to be necessary to
discharge all liabilities  of  the  group  self-insurer,  including  the
reasonable  cost  of  liquidation  such  as claims administration costs,
actuarial and accounting services, and the value of  future  assessments
on  members  of such group self-insurer AS THEY ARE KNOWN AT THE TIME OF
THE ASSESSMENT.  The chair may impose  subsequent  AND  FURTHER  deficit
assessments,  or return funds to members, to adjust the moneys collected
to reflect the time of participation, and percent of group  self-insurer
liabilities  for  such time.  THE TIME LIMITATIONS INCLUDED IN THE FIRST
SENTENCE OF THIS SUBPARAGRAPH DO NOT APPLY  TO  THE  IMPOSITION  OF  ANY
SUBSEQUENT  AND  FURTHER  DEFICIT  ASSESSMENTS  THAT  EXCEED THE INTERIM
ASSESSMENT MADE BY THE CHAIR AGAINST MEMBERS OF A DEFAULTED GROUP INSUR-
ER OR MEMBERS OF ANY OTHER TERMINATED GROUP SELF-INSURER.  Notwithstand-
ing  any such action by the chair, each member of the group self-insurer
shall remain jointly  and  severally  responsible  for  all  liabilities
provided  by  this  chapter including but not limited to outstanding and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11687-02-5
              

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