Establishes the veterans' special disability fund to provide incentives to employers to hire veterans who were previously injured during active military duty.

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A887A-2011 Actions

• Jun 6, 2012: held for consideration in labor
• Apr 19, 2012: print number 887a
• Apr 19, 2012: amend and recommit to labor
• Jan 4, 2012: referred to labor
• Jan 5, 2011: referred to labor

A887A-2011 Text

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

                                   887--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  M.  of A. ORTIZ, SCARBOROUGH, PERRY, LUPARDO, BENEDETTO,
    COOK, GUNTHER, COLTON, N. RIVERA, CUSICK, SCHIMEL  --  Multi-Sponsored
    by  --  M.  of  A.    ABBATE,  BOYLAND, CAHILL, CLARK, JACOBS, JAFFEE,
    V. LOPEZ, MAISEL, MILLMAN, NOLAN,  PEOPLES-STOKES,  REILLY,  ROBINSON,
    SWEENEY,  WEISENBERG  --  read  once  and referred to the Committee on
    Labor -- recommitted to the Committee on Ways and Means in  accordance
    with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
    ordered reprinted as amended and recommitted to said committee

  AN ACT to amend the workers' compensation law, in relation to establish-
    ing the veterans' special disability fund  to  provide  incentives  to
    employers  to  hire  veterans who have sustained an injury or physical
    impairment during military active duty

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


    Section  1.  Clause (A) of subparagraph 2 of paragraph (h) of subdivi-
  sion 8 of section 15 of the workers' compensation  law,  as  amended  by
  chapter  6  of  the laws of 2007, is amended and a new subparagraph 8 is
  added to read as follows:

    (A) No carrier or employer, or the state insurance fund,  may  file  a
  claim  for reimbursement from the special disability fund, for an injury
  or illness with a date of accident or date of disablement  on  or  after
  July  first,  two  thousand  seven UNLESS SUCH CLAIM SEEKS REIMBURSEMENT
  PURSUANT TO THE VETERANS' SPECIAL  DISABILITY  FUND  AS  ESTABLISHED  IN
  SUBPARAGRAPH  EIGHT  OF THIS PARAGRAPH.   No carrier or employer, or the
  state insurance fund, may  file  a  claim  for  reimbursement  from  the
  special disability fund after July first, two thousand ten, and no writ-
  ten  submissions or evidence in support of such a claim may be submitted
  after that date.
    (8)(A) ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE,  AN  EMPLOYER,  OR
  THE  EMPLOYER'S  INSURANCE  CARRIER,  MAY FILE A CLAIM FOR REIMBURSEMENT

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03701-02-2

 A. 887--A                           2

  FROM THE VETERANS' SPECIAL DISABILITY FUND, AS ESTABLISHED IN CLAUSE (D)
  OF THIS SUBPARAGRAPH, FOR WAGES PAID TO A CLAIMANT FOR  PERMANENT  TOTAL
  OR  PARTIAL  DISABILITY OF THE CLAIMANT. SUCH CLAIM MAY BE FILED REGARD-
  LESS OF THE DATE SUCH INJURY, IMPAIRMENT OR DISABLEMENT WAS SUSTAINED BY
  THE VETERAN.
    (B) AN EMPLOYER OR INSURANCE CARRIER SHALL BE FULLY REIMBURSED FOR THE
  TOTAL  WAGES  PAID  TO  A  CLAIMANT  FOR  THE TOTAL PERIOD OF DISABILITY
  RESULTING FROM THE COMPENSABLE INJURY SUSTAINED BY SUCH CLAIMANT  DURING
  EMPLOYMENT  AND  SUCH  COMPENSATION TO THE CLAIMANT, OR REIMBURSEMENT TO
  SUCH EMPLOYER, SHALL EQUAL THE TOTAL WAGES PAID UNDER THE AWARD SCHEDULE
  OF COMPENSATION FOR PERMANENT TOTAL DISABILITY AS IS PRESCRIBED IN  THIS
  SECTION.
    (C)  AN  EMPLOYER  SHALL BE ENTITLED TO SUCH REIMBURSEMENT IF: (I) THE
  CLAIMANT SUSTAINED AN INJURY OR PHYSICAL IMPAIRMENT DURING ACTIVE  MILI-
  TARY  DUTY  PRIOR  TO  EMPLOYMENT,  (II)  THE  EMPLOYER WAS AWARE OF THE
  PRE-EXISTING INJURY OR IMPAIRMENT UPON HIRING THE CLAIMANT AND (III) THE
  PRE-EXISTING INJURY OR IMPAIRMENT MATERIALLY AND SUBSTANTIALLY  RESULTED
  IN THE PERMANENT COMPENSABLE DISABILITY OF THE CLAIMANT.
    (D)  A  FUND IS HEREBY ESTABLISHED UNDER THE AUSPICES OF THE BOARD AND
  THE DEPARTMENT OF TAXATION AND FINANCE TO RETAIN THE LIABILITIES CHARGE-
  ABLE UNDER THIS CLAUSE. THE SAID FUND SHALL BE KNOWN AND REFERRED TO  AS
  THE  "VETERANS' SPECIAL DISABILITY FUND" AND SHALL BE AVAILABLE ONLY FOR
  THE PURPOSES STATED WITHIN THIS CLAUSE, AND  THE  ASSETS  OF  SAID  FUND
  SHALL  NOT  AT  ANY TIME BE APPROPRIATED OR DIVERTED TO ANY OTHER USE OF
  PURPOSE. SUCH FUND SHALL BE MAINTAINED AND PROVIDED FOR BY THE BOARD AND
  THE DEPARTMENT OF TAXATION AND FINANCE  COLLECTIVELY.  THE  CHAIR  SHALL
  ASSESS UPON AND COLLECT FROM EACH INSURANCE CARRIER, INCLUDING THE STATE
  INSURANCE  FUND,  AND ANY COUNTY, CITY, TOWN, VILLAGE OR OTHER POLITICAL
  SUBDIVISION FAILING TO SECURE COMPENSATION, A SUM EQUAL TO A PERCENTAGE,
  OF THE TOTAL COMPENSATION PAID BY INSURANCE CARRIERS FOR THE YEAR ENDING
  MARCH THIRTY-FIRST NEXT PRECEDING THE DATE OF SUCH ASSESSMENT.
    (I) THE CHAIR AND THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  SHALL
  DETERMINE  THE  EXACT  RATE  OF  ASSESSMENT TO BE MADE AGAINST INSURANCE
  CARRIERS TO FUND THE VETERANS' SPECIAL DISABILITY FUND AND  SHALL  REAS-
  SESS  SUCH  ASSESSMENTS  ON  AN  ANNUAL BASIS. SUCH ASSESSMENTS SHALL BE
  INITIALLY BASED UPON THE ASSESSMENTS SET FORTH PURSUANT TO FORMER SUBDI-
  VISION EIGHT OF THIS SECTION AS IT  EXISTED  IMMEDIATELY  PRIOR  TO  THE
  EFFECTIVE DATE OF CHAPTER SIX OF THE LAWS OF TWO THOUSAND SEVEN. A CLAIM
  SOUGHT PURSUANT TO THIS CLAUSE SHALL COMPLY WITH ALL OTHER PROVISIONS OF
  THIS SECTION.
    (II)  THE  CHAIR  AND  THE  COMMISSIONER  OF  TAXATION AND FINANCE ARE
  FURTHER AUTHORIZED AND DIRECTED TO ENTER INTO FINANCIAL  AGREEMENTS  FOR
  THE  VETERANS' SPECIAL DISABILITY FUND. SUCH AN AGREEMENT SHALL BE KNOWN
  AND REFERRED TO AS THE  "VETERANS'  SPECIAL  DISABILITY  FUND  FINANCIAL
  AGREEMENT".
    (III) THE COMMISSIONER OF TAXATION AND FINANCE IS HEREBY AUTHORIZED TO
  RECEIVE  AND  CREDIT TO THE VETERANS' SPECIAL DISABILITY FUND ANY SUM OR
  SUMS WHICH MAY, AT ANY TIME, BE CONTRIBUTED TO THE STATE BY  THE  UNITED
  STATES  OF AMERICA UNDER ANY ACT OF CONGRESS, OR OTHERWISE, TO WHICH THE
  STATE MAY BE OR BECOME ENTITLED BY REASON OF ANY PAYMENTS  MADE  OUT  OF
  SUCH  FUND. THE COMMISSIONER OF TAXATION AND FINANCE SHALL BE THE CUSTO-
  DIAN OF SUCH FUND AND, UNLESS OTHERWISE PROVIDED FOR  IN  THE  VETERANS'
  SPECIAL DISABILITY FUND FINANCING AGREEMENT, SHALL INVEST ANY SURPLUS OR
  RESERVE  MONEYS THEREOF IN SECURITIES WHICH CONSTITUTE LEGAL INVESTMENTS
  FOR SAVINGS BANKS UNDER THE LAWS OF THIS STATE AND IN  INTEREST  BEARING
  CERTIFICATES  OF  DEPOSIT OF A BANK OR TRUST COMPANY LOCATED AND AUTHOR-

 A. 887--A                           3

  IZED TO DO BUSINESS IN THIS STATE OR OF A NATIONAL BANK LOCATED IN  THIS
  STATE  SECURED BY A PLEDGE OF DIRECT OBLIGATIONS OF THE UNITED STATES OR
  OF THE STATE OF NEW YORK IN AN  AMOUNT  EQUAL  TO  THE  AMOUNT  OF  SUCH
  CERTIFICATES  OF  DEPOSIT, AND MAY SELL ANY OF THE SECURITIES OR CERTIF-
  ICATES OF DEPOSIT WHICH SUCH FUND IS INVESTED IF NECESSARY FOR THE PROP-
  ER ADMINISTRATION OR IN THE BEST INTEREST OF  SUCH  FUND.  DISBURSEMENTS
  FROM  SUCH FUND AS PROVIDED PURSUANT TO THIS CLAUSE SHALL BE MADE BY THE
  COMMISSIONER OF TAXATION AND FINANCE UPON VOUCHERS SIGNED BY THE CHAIR.
    S 2. The chair of the workers' compensation board and the commissioner
  of taxation and finance shall on the one  hundred  twentieth  day  after
  subparagraph  8  of  paragraph (h) of subdivision 8 of section 15 of the
  workers' compensation  law  takes  effect,  determine  the  rate  and/or
  percentage  of  compensation to be assessed and collected upon insurance
  carriers for the veterans' special disability fund.
    S 3. This act shall take effect on the one hundred twentieth day after
  it shall have become a law; provided, however, that  the  chair  of  the
  workers' compensation board and the commissioner of taxation and finance
  shall  be  authorized  and directed to promulgate any rules and/or regu-
  lations necessary for the implementation of this act on  or  before  its
  effective date.