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

A. 8259--A                          2

estimated future liabilities  and  assessments.  Further,  separate  and
apart  from,  and  in addition to a member's joint and several liability
and notwithstanding any payments made by any other members of the  group
self-insurer  pursuant  to this subparagraph, in the event that a member
neglects or fails to pay an assessment levied pursuant to this  subpara-
graph,  the  member shall be deemed in default in the payment of compen-
sation. Such defaulting member is subject to the enforcement  provisions
of  section  twenty-six  of  this chapter for the payment of all compen-
sation relative to awards due and owing on claims filed by the employees
of such member that have neither been paid by the member  or  the  group
self-insurer.  Nothing  in  this  paragraph shall prevent the chair from
offering payment plans or settling claims against members of  any  group
self-insurer as necessary to facilitate collection.
  S 2. This act shall take effect immediately.