N.Y. Workers' Compensation Law § 88: Administration expenses

* § 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 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 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