Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to labor |
Feb 27, 2013 |
referred to labor |
Senate Bill S3941
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- 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
Actions
2013-S3941 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd §§89 & 10, Work Comp L; amd §2304, Ins L
- Versions Introduced in 2015-2016 Legislative Session:
-
S1898
2013-S3941 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3941 TITLE OF BILL: An act to amend the workers' compensation law and the insurance law, in relation to consideration of an employer's loss experience in rate setting; and to amend the workers' compensation law, in relation to liability for compensation PURPOSE OR GENERAL IDEA OF BILL: To protect businesses from drastic premium increases in their workers' compensation policies due to motor vehicle accidents and other injuries that were the fault of a third party. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends subdivision 1 of section 89 of the Workers' Compensation Law to take into account "an employer's loss experience during the most recent rating plan period; provided, however that such loss experience shall not include payment on any claims where the injury was determined to be the fault of another party" for the purpose of classifying a business in order to establish premium rates. Section 2: Amends subsection (a) of section 2304 of the Insurance Law to include that "consideration shall be given to each individual employer's loss experience during the most recent rating plan; provided, however that such loss experience shall not include consideration of payments on any claims where the injury was
2013-S3941 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3941 2013-2014 Regular Sessions I N S E N A T E February 27, 2013 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law and the insurance law, in relation to consideration of an employer's loss experience in rate setting; and to amend the workers' compensation law, in relation to liability for compensation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 89 of the workers' compensation law, as amended by chapter 135 of the laws of 1998, is amended to read as follows: 1. Employments and employees in the state fund shall be divided into such groups and classes as shall be equitable based upon differences of industry or hazard for the purpose of establishing premium rates for workers' compensation insurance, and for such purpose a system of merit rating [may] SHALL be employed which shall take account of the peculiar hazard of each individual risk AND AN EMPLOYER'S LOSS EXPERIENCE DURING THE MOST RECENT RATING PLAN PERIOD; PROVIDED, HOWEVER THAT SUCH LOSS EXPERIENCE SHALL NOT INCLUDE PAYMENT ON ANY CLAIMS WHERE THE INJURY WAS DETERMINED TO BE THE FAULT OF ANOTHER PARTY. Such premiums in the state fund shall be fixed at the lowest possible rates consistent with the maintenance of a solvent fund and of reasonable reserves and surplus. S 2. Subsection (a) of section 2304 of the insurance law is amended to read as follows: (a) In the making of rates, consideration shall be given to past and prospective loss experience, including the conflagration and catastrophe hazards, if any, both within and without this state, to all factors reasonably attributable to the class of risks, to a reasonable profit, to past and prospective expenses both country-wide and those specially applicable to this state, and in the case of participating insurers to policyholders' dividends, savings or unabsorbed premium deposits allowed EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08604-01-3
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