N.Y. Workers' Compensation Law § 89: Rates for workers' compensation

§ 89. Rates for workers' compensation. 1. Employments and employees

in the state fund shall be divided into such groups and classes as shall

be equitable based upon differences of industry or hazard for the

purpose of establishing premium rates for workers' compensation

insurance, and for such purpose a system of merit rating may be employed

which shall take account of the peculiar hazard of each individual risk.

Such premiums in the state fund shall be fixed at the lowest possible

rates consistent with the maintenance of a solvent fund and of

reasonable reserves and surplus.

2. Premiums for construction classification employers shall be

subject to a payroll limitation on each construction classification

subject to the following transition program. For purposes of this

section, "construction classification" shall mean employments classified

under sections two hundred twenty, two hundred forty and two hundred

forty-one of the labor law, provided such employments are classified

under each of said sections, except that construction classification

shall not include any employments engaged in the construction of one or

two family residential housing.

(a) For policies with rating anniversary dates after September

thirtieth, nineteen hundred ninety-nine and before October first, two

thousand, an employer's payroll for premium computation purposes in the

affected construction classifications shall be the actual weekly payroll

per employee for the number of weeks employed subject to a maximum of

nine hundred dollars per week per employee plus one-half of the

difference between the employer's total payroll and the limited payroll.

(b) For policies with rating anniversary dates after September

thirtieth, two thousand and before October first, two thousand one, an

employer's payroll for premium computation purposes in the affected

construction classifications shall be the actual weekly payroll per

employee for the number of weeks employed subject to a maximum of nine

hundred dollars per week per employee.

(c) For policies with rating anniversary dates after September

thirtieth, two thousand one and before October first, two thousand two,

an employer's payroll for premium computation purposes in the affected

construction classifications shall be the actual weekly payroll per

employee for the number of weeks employed subject to a maximum of eight

hundred dollars per week per employee.

(d) For policies with rating anniversary dates after September

thirtieth, two thousand two, an employer's payroll for premium

computation purposes in the affected construction classifications shall

be the actual weekly payroll per employee for the number of weeks

employed subject to a maximum of the greater of seven hundred fifty

dollars per week or the weekly payroll amount upon which the maximum

weekly benefit is based, per employee.

3. The base rates applicable to construction classifications as

defined in this subdivision shall be adjusted by the New York workers'

compensation rating board beginning October first, nineteen hundred

ninety-nine, to reflect the payroll limitations required by this

subdivision as they separately affect such rates for work actually

performed within each of the following geographic territories:

(a) Territory 1 comprising the counties of the Bronx, Kings, New York,

Queens, and Richmond;

(b) Territory 2 comprising the counties of Dutchess, Nassau, Orange,

Putnam, Rockland, Suffolk and Westchester; and

(c) Territory 3 comprising all other counties within the state.