Section 6-J. Workmen's compensation reserve fund  


Latest version.
  • 1. The governing board of
      any municipal corporation, school district or fire district,  which  is,
      or shall hereafter become a self-insurer under the provisions of section
      fifty,  subdivision  four  of  the workmen's compensation law or section
      thirty of the volunteer firemen's benefit law may  establish  a  reserve
      fund  to  be  known  as  the workmen's compensation reserve fund of such
      municipal corporation, school district or fire district.
        2. There may be paid into any such fund (a) such  amounts  as  may  be
      provided therefor by budgetary appropriations and (b) such other sums as
      may be legally appropriated.
        3.  The  moneys  in  such  fund  shall be deposited and secured in the
      manner provided by section ten of this article.  The money in such  fund
      so  deposited  shall  be accounted for separate and apart from all other
      funds of the municipality, school district or fire district, in the same
      manner as provided in subdivision ten of section six-c of this  article.
      The  governing  board, or the chief fiscal officer of such municipality,
      school district or fire district, if the governing board shall  delegate
      such  duty  to  him,  may  invest  the moneys in such fund in the manner
      provided in section eleven of  this  article.  Any  interest  earned  or
      capital gain realized on the money so deposited or invested shall accrue
      to  and  become  part  of  such fund. The separate identity of such fund
      shall be maintained whether its assets consist of cash or investments or
      both.
        4. An expenditure shall be made from such fund only for the payment of
      compensation and benefits, medical, hospital or other expense authorized
      by article two of the workmen's compensation law and  by  the  volunteer
      firemen's  benefit  law and expenses of administering the self-insurance
      program  for  such  municipal  corporation,  school  district  or   fire
      district.
        5.  If  at  the  end  of any fiscal year the moneys in such fund shall
      exceed the amounts required to be paid pursuant to subdivision  four  of
      this  section  plus  any  additional  amount required to pay all pending
      claims,  the  governing  board  of  the  municipal  corporation,  school
      district,  board  of  cooperative  educational services or fire district
      may, within sixty days of the close of such fiscal year, elect  to:  (a)
      transfer  said  excess,  or  any part thereof, to any fund authorized by
      this article or section thirty-six hundred fifty-one  of  the  education
      law;  and/or  (b)  apply  said excess, or any part thereof to the budget
      appropriation of the next succeeding fiscal year.
        6. If the municipal corporation,  school  district  or  fire  district
      shall, after the establishment of such fund, cease to be a self-insurer,
      the  moneys  remaining in such fund may be transferred to any other fund
      authorized by this chapter or section thirty-six  hundred  fifty-one  of
      the  education law only to the extent that the moneys in such fund shall
      exceed in amount the sum sufficient to pay all  expenditures  authorized
      in paragraph numbered four, both accrued and contingent.