Section 214. Special fund for disability benefits  


Latest version.
  • There is hereby created a
      fund which shall be known as the special fund for disability benefits to
      provide  for  the  payment  of  disability  benefits  under sections two
      hundred  seven,  two  hundred  thirteen  and   attendance   fees   under
      subdivision two of section two hundred thirty-two of this article.
        1.  For  the  purpose of accumulating funds for payment of benefits to
      the disabled unemployed, there is hereby assessed a contribution at  the
      rate of two-tenths of one per centum of the wages paid during the period
      from  January  first, nineteen hundred fifty to June thirtieth, nineteen
      hundred fifty inclusive, to  employees  in  the  employment  of  covered
      employers  on or after January first, nineteen hundred fifty, but not in
      excess of twelve cents per week as to each such employee, of  which  the
      employee  shall  contribute one-tenth of one per centum of his wages but
      not in excess of six cents per week, and  the  employer  shall  make  an
      equal  contribution. The contributions of the employee shall be deducted
      from his wages in the same manner as provided  in  section  two  hundred
      nine. On or before April thirtieth, nineteen hundred fifty, the employer
      shall  pay  to the chairman the contributions with respect to wages paid
      during the quarterly period ending March thirty-first, nineteen  hundred
      fifty,  and  on or before July thirty-first, nineteen hundred fifty, the
      employer shall pay to the chairman the  contributions  with  respect  to
      wages  paid  during the quarterly period ending June thirtieth, nineteen
      hundred fifty.
        2. As promptly as practicable  after  April  first,  nineteen  hundred
      fifty-eight  and  thereafter annually as soon as practicable after April
      first in each year, the chairman shall ascertain the  condition  of  the
      fund, and if as of any such date the net assets of the fund shall be one
      million  dollars  or  more  below the sum of twelve million dollars, the
      chairman  shall  assess  and  collect  from  all  carriers   hereinafter
      specified an amount sufficient to restore the fund to an amount equal to
      twelve  million  dollars.  Carriers  subject to this assessment shall be
      such carriers as shall have covered employees in employment  during  the
      preceding  three calendar years or any portion or portions thereof.  The
      proportion of the total assessment to be  assessed  upon  and  collected
      from each carrier shall be that proportion thereof that the total of the
      payrolls  covered by such carrier during said three calendar years bears
      to the total of all such payrolls covered by all  such  carriers  during
      said  three  calendar  years,  except  that  the term "payrolls" as used
      herein shall be deemed limited to the first seven  thousand  dollars  of
      earnings of each employee during any calendar year and except that there
      shall  be  excluded  the  payroll of employees of a class or classes for
      whom plan benefits  provided  under  this  article  are  payable  during
      unemployment  for  a period not less than the period provided in section
      two hundred  seven  under  an  agreement  between  the  employer  or  an
      association  of  employers and an association of the employees which has
      been accepted as a plan under section two hundred eleven. The  chairman,
      before  making  an assessment as herein provided, shall give thirty days
      notice to all such carriers, in the same manner provided in section  two
      hundred twenty-eight, that an itemized statement of the condition of the
      fund is open for inspection.
        3.  Whenever  the  net  assets  of  the  fund shall be less than three
      million dollars and the disability claims  currently  being  paid  shall
      indicate  the  necessity  of supplementing the assets of the fund before
      the next annual assessment can be made,  the  chairman  may  assess  and
      collect  for  all such carriers, in the same proportions established for
      the last preceding  annual  assessment,  an  amount  sufficient  in  the
      discretion  of the chairman for the needs of the fund, but not in excess
      of an amount sufficient to restore the fund to twelve  million  dollars.
    
      Before  making  any  such  emergency  assessment the chairman shall give
      thirty days notice to such carriers in the same manner as provided  with
      respect  to  annual  assessments,  and  an  itemized  statement  of  the
      condition of the fund shall, in like manner, be open for inspection.
        4.  All  contributions  and assessments received by the chairman under
      the provisions of this section shall be  credited  to  the  fund  herein
      established  and  deposited  by  the  chairman  to  the  credit  of  the
      commissioner of taxation and finance for the benefit of  the  fund.  The
      superintendent  of  insurance may examine into the condition of the fund
      at any time on his own initiative or upon the request of the chairman.