N.Y. Workers' Compensation Law Section 15-A
Assessment on insolvent group self-insured trusts

The legislature finds that in lieu of the assessments under sections fifteen and one hundred fifty-one of this chapter that shall no longer be imposed on closed group self-insured trusts as a result of the chapter of the laws of two thousand eleven which added this section, the members of group self-insured trusts that were insolvent upon closing, and that fail to pay their obligations within the periods specified by this section, shall be subject to a one time assessment pursuant to this section. Within thirty days of January first, two thousand sixteen, all employers who were members of a closed group self-insured trust that was insolvent at the time the group was closed shall be subject to an assessment under this section, except for those employers that:

(1)

have entered into a settlement agreement or payment plan with the board under which they have agreed to resolve all liabilities from the membership in such trust, and remain current in their payments;

(2)

are members of a group self-insurer that has transferred all of its liabilities transferred via a loss portfolio transfer; or

(3)

have paid all moneys billed them by the board at the time such assessment is due. For purposes of this section, insolvent means the inability of a private group self-insured trust to pay its outstanding lawful obligations under this chapter as they mature in the regular course of business, as may be shown by:

(i)

the self-insurer being underfunded as defined in subdivision three-a of § 50 (Security for payment of compensation)section fifty of this chapter; and

(ii)

the sum of the group self-insured trust’s assets, as defined by regulation of the chair, plus the available security deposit held by the chair pursuant to subdivision three-a of § 50 (Security for payment of compensation)section fifty of this chapter and regulation of the chair, being less than the total cost of all of the group self-insured trust’s anticipated workers’ compensation liabilities, as defined by board regulations, that will accrue within the succeeding six months. The total of such assessment shall be determined by the percentage of the assessment levied on all employers under subdivision eight of § 15 (Schedule in case of disability)section fifteen of this article in two thousand ten that was levied on group self-insured trusts multiplied by the total amount of the employer’s unpaid pro rata share of any deficit owed by the closed group self-insured employer of which such employer was a member, as determined by the chair. The amount received on such assessment shall be used as an offset against the assessments imposed on other employers under subdivision eight of § 15 (Schedule in case of disability)section fifteen of this article and § 151 (Assessments for annual expenses)section one hundred fifty-one of this chapter in the calendar year following the year in which it was received.

Source: Section 15-A — Assessment on insolvent group self-insured trusts, https://www.­nysenate.­gov/legislation/laws/WKC/15-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).

9
Definitions 10
Liability for compensation 11
Alternative remedy 12
Compensation not allowed for first seven days 13
Treatment and care of injured employees 13‑A
Selection of authorized physician by employee 13‑AA
Medical appeals unit 13‑B
Authorization of providers, medical bureaus and laboratories by the chair 13‑C
Licensing of compensation medical bureaus and laboratories 13‑D
Removal of providers from lists of those authorized to render medical care or to conduct independent medical examinations 13‑E
Revocation of licenses of compensation medical bureaus and laboratories 13‑F
Payment of medical fees 13‑G
Payment of bills for medical care 13‑H
Ombudsman for injured workers 13‑I
Solicitation prohibited 13‑J
Medical or surgical treatment by insurance carriers and employers 13‑K
Care and treatment of injured employees by duly licensed podiatrists 13‑L
Care and treatment of injured employees by duly licensed chiropractors 13‑M
Care and treatment of injured employees by duly licensed psychologists 13‑N
Mandatory registration of entities which derive income from independent medical examinations 13‑O
Pharmaceutical fee schedule 13‑P
Comprehensive prescription drug formulary 14
Weekly wages basis of compensation 14‑A
Double compensation and death benefits when minors illegally employed 15
Schedule in case of disability 15‑A
Assessment on insolvent group self-insured trusts 16
Death benefits 16‑A
Death benefits due to diesel exposure 17
Noncitizens 17‑A
Limited English proficiency 18
Notice of injury or death 18‑A
Notice: The New York Jockey Injury Compensation Fund, Inc 18‑B
Notice 18‑C
Independent livery bases 19
Physical examination 19‑A
Physicians not to accept fees from carriers 19‑B
Treatment by physicians in employ of board 19‑C
Actions against health services personnel 20
Determination of claims for compensation 21
Presumptions 21‑A
Temporary payment of compensation 22
Modification of awards, decisions or orders 23
Appeals 23‑A
Mistakes, defects and irregularities 24
Costs and fees 24‑A
Representation before the workers’ compensation board 25
Compensation, how payable 25‑A
Procedure and payment of compensation in certain claims 25‑B
Awards to non-residents: Non-resident compensation fund 26
Enforcement of payment in default 26‑A
Procedure and payment of compensation in claims against uninsured defaulting employers 27
Depositing future payments in the aggregate trust fund 27‑A
Investments in obligations of designated public benefit corporations 27‑B
Amortization of gains or losses 27‑C
Appropriations to the aggregate trust fund 28
Limitation of right to compensation 29
Remedies of employees 30
Revenues or benefits from other sources not to affect compensation 31
Agreement for contribution by employee void 32
Waiver agreements 32‑A
Waivers of specific coverage prohibited 33
Assignments 34
Preferences 35
Safety net
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 15-A’s source at nysenate​.gov

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