60 - Administrative expenses.
§ 60. Administrative expenses. 1. The chairman of the workers' compensation board and the department of audit and control, as soon as practicable after April first, next succeeding the enactment of this chapter, 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 workers' 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 workers' 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 are 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 ending March thirty-first, in the year of and the year following the enactment of this chapter shall be consolidated and reimbursed by one assessment made after April first, in the year following the year of enactment of this chapter. The chairman shall as soon as practicable after April first, in the year following the year of enactment of this chapter, assess upon and collect from each carrier the proportion of such consolidated expenses for the fiscal years ending March thirty-first, in the year of and the year following the enactment of this chapter, 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 twenty-five dollars and may assess against any other party the sum of five dollars. These assessments shall be paid into the state treasury. 5. The provisions of subdivision two of section one hundred fifty-one of the workers' compensation law shall not be applicable with respect tothe 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 workers' compensation law and section fifty-one of this article. 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 workers' compensation 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, in the year of the enactment of this chapter, 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, in the year of the enactment of this chapter 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, in the year following the year of the enactment of this chapter, 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 of this chapter.