Section 107. Workers' compensation security fund  


Latest version.
  • The purpose of the fund is
      to  assure  to  persons  and funds entitled thereto the compensation and
      benefits provided by this chapter for employments insured  in  insolvent
      carriers,  including the return of unearned premiums. Such fund shall be
      applicable to the payment of awards for compensation or  death  benefits
      and  to the payment of benefits into the special funds created under the
      provisions of subdivisions eight and nine of section fifteen and section
      twenty-five-a of this chapter heretofore or hereafter made  pursuant  to
      this  chapter,  and  remaining unpaid, in whole or in part, by reason of
      the default, after the effective date of this article, of  an  insolvent
      carrier  including  the return of unearned premiums, but such fund shall
      not be applicable to the payment of any amounts due under any policy  of
      reinsurance  issued  to  an  insurance  carrier.  The fund shall also be
      applicable to the payment of liability claims against an employer  under
      the  employer's  liability  insurance  portion  of the standard New York
      workers' compensation and employer's liability insurance policy, but  no
      payment  from  the fund for such liability claim shall exceed the lesser
      of the policy limit or one million dollars on any one claim. Expenses of
      administration also shall be paid from the fund as herein provided. Such
      fund shall consist of all contributions received and paid into the  fund
      by  carriers,  as herein defined, of property and securities acquired by
      and through the use of moneys belonging to  the  fund  and  of  interest
      earned upon moneys deposited or invested as herein provided. The payment
      of  the  return of unearned premiums and the payment of liability claims
      provided for pursuant to the provisions of this section  shall  be  made
      only  if the fund is determined by the superintendent of insurance to be
      sufficient to satisfy all claims for compensation or death benefits  and
      to  the  payment  of  benefits  into the special funds created under the
      provisions of subdivisions eight and nine of section fifteen and section
      twenty-five-a  of  this  chapter  and,  provided   further,   that   the
      superintendent  of insurance shall designate sufficient assets from this
      fund for the payment of such claims which  shall  not  at  any  time  be
      diverted  to any other use or purpose. The fund shall be administered by
      the superintendent of insurance in accordance  with  the  provisions  of
      this article.