N.Y. Workers' Compensation Law § 75: Transition provisions

§ 75. Transition provisions. 1. Existing plans continued.

a. Notwithstanding the effective date of this article, plans

heretofore established pursuant to former subdivision three-a of section

fifty of this chapter and not abandoned pursuant to the provisions of

section sixty-one of this chapter, shall continue to operate subject to

the provisions of such subdivision through December thirty-first,

nineteen hundred fifty-six, with the same force and effect as if such

subdivision had not been repealed; provided, however, that no

apportionment shall be made thereunder during the year nineteen hundred

fifty-six, and provided further, that unless a committee or

administrator is appointed pursuant to the provisions of section

sixty-four of this chapter prior to August first, nineteen hundred

fifty-six, the committee managing the plan pursuant to former

subdivision three-a of section fifty of this chapter shall prepare the

estimate and make the apportionments provided for in paragraph b of this

subdivision.

b. The committee or administrator shall, during the month of August,

nineteen hundred fifty-six, prepare an estimate of the several amounts

necessary for the operation of the plan under this article for the year

nineteen hundred fifty-seven as provided in section sixty-seven of this

chapter, except that such estimate shall not provide for the repayment

of any advances made by the county. The committee or administrator shall

then determine the share of such amounts chargeable to each participant

in the manner prescribed by section sixty-six of this chapter. The

amounts so apportioned shall be collected in the same manner and at the

same time as provided in section sixty-seven of this chapter.

c. Except in the county of Wayne, the committee or administrator

shall, during the month of January, nineteen hundred fifty-seven,

determine the total amount due the county for advances made to the plan

prior to January first, nineteen hundred fifty-seven. All moneys of the

plan as of December thirty-first, nineteen hundred fifty-six, shall be

applied to the repayment of all such advances. If such moneys shall be

insufficient for such purpose, such an amount as may be necessary to

repay the balance of such advances shall be apportioned to each

participant in the plan as of such date in the manner provided in former

subdivision three-a of section fifty of this chapter. Each such

participant shall be notified in writing not later than the fifteenth

day of February, nineteen hundred fifty-seven, of the amount so

apportioned as such participant's share. Each such participant shall pay

the county treasurer such amount by October first, nineteen hundred

fifty-seven. If not paid on or before such date, such amount shall be

recovered by an action brought by the county or such amount shall be

collected by inclusion in the next succeeding tax levy, if any, against

property taxable by the participant responsible therefor. Any such

participant may provide all or part of such amount by the issuance of

bonds or capital notes pursuant to the local finance law. All

repayments of advances shall be credited by the county treasurer to the

fund from which such advances were made.

d. Any moneys of the plan as of December thirty-first, nineteen

hundred fifty-six, remaining after the repayment of all advances as

provided in paragraph c of this subdivision, shall be applied to the

payment of liabilities or may be credited to a reserve established

pursuant to section sixty-nine of this chapter.

2. Existing plans abandoned. a. Notwithstanding the effective date of

this article, plans heretofore established pursuant to former

subdivision three-a of section fifty of this chapter which are deemed

abandoned under the provisions of section sixty-one of this chapter,

shall continue to operate subject to the provisions of such former

subdivision through October thirty-first, nineteen hundred fifty-six,

with the same force and effect as if such former subdivision had not

been repealed; provided, however, that a committee appointed as provided

in such former subdivision shall continue in existence until such time

as all joint liabilities of the participants have been satisfied.

b. During the month of November nineteen hundred fifty-six, such

committee shall determine (1) the amount necessary to repay all advances

from the county and (2) the amount, actuarially computed, necessary to

satisfy all outstanding joint liabilities of the participants. The

committee shall then determine the share of such amounts chargeable to

each participant in the plan in the manner prescribed by former

subdivision three-a of section fifty of this chapter. The amounts so

apportioned shall be collected in the same manner and at the same time

as provided in such former subdivision. All moneys collected pursuant

to this subdivision, after the repayment of advances, shall be accounted

for by the county treasurer in the workmen's compensation mutual fund.

Disbursements from such fund shall be made upon the order of the

committee.

c. If at any time thereafter there shall be insufficient funds to meet

such liabilities, the committee shall in like manner apportion and cause

to be collected from each participant in the plan as of the date of

abandonment, the amount necessary to satisfy such liabilities. The

equalized valuations used as a basis for any such apportionment shall be

those existing as of the date of abandonment.