Section 574. Insolvency or bankruptcy  


Latest version.
  • 1. Priority of contributions.  In the
      event  of  the  dissolution,  insolvency, composition, or assignment for
      benefit of creditors of any employer, contributions then and  thereafter
      due  from  such  employer under this article, together with any interest
      and penalties thereon, shall (1) be on a parity with taxes  (other  than
      real  property taxes), together with any interest and penalties thereon,
      due the state of New York or any city thereof and (2) have priority over
      all other claims, except taxes due the United States and wages  due  for
      employment  performed  within  the three months preceding such event. In
      the event  of  an  employer's  adjudication  in  bankruptcy,  judicially
      confirmed  extension  proposal, composition, or reorganization under the
      federal bankruptcy act, contributions then and thereafter due under this
      article, together with any interest  and  penalties  thereon,  shall  be
      entitled to such priority as is provided in such act.
        2.  Discharge  in bankruptcy. If the commissioner was given due notice
      or  had  knowledge  of  the  bankruptcy  proceedings,  the  payment   of
      contributions  due,  together with interest and penalties thereon, which
      accrued on or before the date of the petition for bankruptcy  and  which
      remain  unpaid  upon  the  discharge  of the employer in bankruptcy by a
      court of competent jurisdiction, shall  not  be  enforced  unless  civil
      action  or  warrant proceedings are begun not later than two years after
      the date of such discharge  and  their  total  amount  is  two  thousand
      dollars or more.