Section 88. Administration expenses  


Latest version.
  • The entire expense of administering
      the state insurance fund shall be paid out of such fund. The portion  of
      such  expenses applicable and chargeable to the disability benefits fund
      and the medical and hospital malpractice fund shall be determined on  an
      equitable  basis  with  due  allowance  for  the  division  of  overhead
      expenses. Not later than the  first  day  of  November  there  shall  be
      submitted  to  the  director of the budget for his approval an estimated
      budget of expenditures for  the  succeeding  calendar  year  having  due
      regard  to  the business interests and contract obligations of the fund.
      There may not be expended for the state insurance fund for  purposes  of
      administration  more  than the amounts specified in such budget for each
      item of expenditure, except as authorized by the director of the budget.
      In no case shall the amount of expenditures so authorized for an  entire
      year  for  workers' compensation insurance exceed twenty-five per centum
      of the earned premiums for such insurance for  that  year.  In  no  case
      shall  the amount of expenditures authorized for the disability benefits
      fund for an entire year exceed twenty-five per centum  of  the  premiums
      earned  by  that  fund.  In  no  case  shall  the amount of expenditures
      authorized for the medical and hospital malpractice fund for  an  entire
      year  exceed twenty-five per centum of the premiums earned by that fund.
      If there be officers or employees of the department whose duties  relate
      partly  to  the general work of the department and partly to the work of
      the state insurance fund, and in case there is other  expense  which  is
      incurred jointly on behalf of the general work of the department and the
      state insurance fund, an equitable apportionment of the expense shall be
      made  and  the  part  thereof which is applicable to the state insurance
      fund shall be chargeable thereto. The  expenses  of  the  department  of
      audit   and  control  incurred  in  connection  with  the  pre-audit  of
      expenditures of the state insurance fund, as  required  by  section  one
      hundred  eleven  of the state finance law, shall be a charge against and
      be paid out of the moneys of the state insurance fund and there shall be
      included in the annual estimate submitted pursuant to  this  section  an
      amount  sufficient  to  pay such expenses for the period covered by such
      estimate. Notwithstanding section four of the  state  finance  law,  the
      state  comptroller  is authorized to process or approve payments related
      to business taxes, various workers' compensation board  assessments  and
      assessments  related  to the workers' compensation rating board directly
      from the fund's accounts without explicit appropriation  authority.  The
      commissioner  of  labor  shall  include  in  his  annual  report  to the
      legislature a statement of the  commissioners  showing  the  expense  of
      administering the state fund for the preceding year. All appointments to
      positions  in  the  state  insurance fund shall be made subject to civil
      service requirements.
        * NB There are 2 § 88's