N.Y. Workers' Compensation Law Section 88
Administration expenses

The entire expense of administering the state insurance fund shall be paid out of such fund. The portion of such expenses applicable and chargeable to the disability benefits fund and the medical and hospital malpractice fund shall be determined on an equitable basis with due allowance for the division of overhead expenses. Not later than the first day of November there shall be submitted to the director of the budget for his approval an estimated budget of expenditures for the succeeding calendar year having due regard to the business interests and contract obligations of the fund. There may not be expended for the state insurance fund for purposes of administration more than the amounts specified in such budget for each item of expenditure, except as authorized by the director of the budget. In no case shall the amount of expenditures so authorized for an entire year for workers’ compensation insurance exceed twenty-five per centum of the earned premiums for such insurance for that year. In no case shall the amount of expenditures authorized for the disability benefits fund for an entire year exceed twenty-five per centum of the premiums earned by that fund. In no case shall the amount of expenditures authorized for the medical and hospital malpractice fund for an entire year exceed twenty-five per centum of the premiums earned by that fund. If there be officers or employees of the department whose duties relate partly to the general work of the department and partly to the work of the state insurance fund, and in case there is other expense which is incurred jointly on behalf of the general work of the department and the state insurance fund, an equitable apportionment of the expense shall be made and the part thereof which is applicable to the state insurance fund shall be chargeable thereto. The expenses of the department of audit and control incurred in connection with the pre-audit of expenditures of the state insurance fund, as required by State Finance Law § 111 (Payment and refund of state moneys except upon audit by comptroller prohibited)section one hundred eleven of the state finance law, shall be a charge against and be paid out of the moneys of the state insurance fund and there shall be included in the annual estimate submitted pursuant to this section an amount sufficient to pay such expenses for the period covered by such estimate. Notwithstanding State Finance Law § 4 (Payments, transfers and deposits)section four of the state finance law, the state comptroller is authorized to process or approve payments related to business taxes, various workers’ compensation board assessments and assessments related to the workers’ compensation rating board directly from the fund’s accounts without explicit appropriation authority. The commissioner of labor shall include in his annual report to the legislature a statement of the commissioners showing the expense of administering the state fund for the preceding year. All appointments to positions in the state insurance fund shall be made subject to civil service requirements. * NB There are 2 § 88’s

Source: Section 88 — Administration expenses, https://www.­nysenate.­gov/legislation/laws/WKC/88 (updated Sep. 22, 2014; accessed Jun. 21, 2025).

76
Creation of state fund 77
Administration 78
Salaries and expenses 79
Meetings 80
Seal 81
Offices, lands, leaseholds and buildings 82
Powers and duties 83
Rules 84
General attorney 85
Commissioner of taxation and finance custodian of fund 86
Catastrophe surplus and reserves for workers’ compensation 86–A
Catastrophe surplus and reserves for disability benefits 87
Investment of surplus or reserve 87–A
Investment in obligations of the municipal assistance corporation for the city of New York 87–B
Investments in obligations of the city of Yonkers 87–BB
Investments in obligations of the city of Yonkers 87–C
Investments in obligations of designated public benefit corporations 87–D
Contractual obligations as evidence of indebtedness upon reimbursement of reserves 87–E
Amortization of gains or losses 87–F
Appropriations to the state insurance fund 87–G
Advances to the urban development corporation 87–H
Investments of the state insurance fund 87–I
New York state insurance fund MWBE asset management and financial institution strategy 88
Administration expenses 88*2
Administration expenses 88–A
Payments from special or administrative funds 88–B
Coverage of employees in state-supported educational institutions 88–C
Coverage of state employees 89
Rates for workers’ compensation 90
Dividends 91
Groups for accident prevention 92
Payment of premiums 93
Collection of premium in case of default 94
Withdrawal from fund 95
Record and audit of payrolls 96
Penalties for fraudulent practices 97
Inspections 98
Disclosures prohibited 99
Reports of state insurance fund 100
Insurance against liability to volunteer firefighters and ambulance workers
Green check means up to date. Up to date

Verified:
Jun. 21, 2025

Last modified:
Sep. 22, 2014

§ 88. Admin. expenses's source at nysenate​.gov

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