Section 75. Transition provisions  


Latest version.
  • 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      subdivision  had  not  been  repealed;  provided,   however,   that   no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.