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Senate Bill S7131

2021-2022 Legislative Session

Relates to premium rates for workers' compensation insurance

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2021-S7131 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §89, Work Comp L

2021-S7131 (ACTIVE) - Summary

Relates to premium rates for workers' compensation insurance; provides that when an employee has concurrent employment at one employer, such employer shall pay premium rates for workers' compensation insurance for such employee based on the applicable group and class for each employment if such employer keeps complete and accurate payroll records.

2021-S7131 (ACTIVE) - Sponsor Memo

2021-S7131 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7131
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the workers' compensation law, in  relation  to  premium
   rates for workers' compensation insurance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 89 of  the  workers'  compensation
 law,  as  amended by chapter 135 of the laws of 1998, is amended to read
 as follows:
   1. (A) Employments and employees in the state fund  shall  be  divided
 into  such  groups  and classes as shall be equitable based upon differ-
 ences of industry or hazard for  the  purpose  of  establishing  premium
 rates for workers' compensation insurance, and for such purpose a system
 of merit rating may be employed which shall take account of the peculiar
 hazard of each individual risk, PROVIDED, HOWEVER, THAT WHEN AN EMPLOYEE
 HAS  CONCURRENT EMPLOYMENT AT ONE EMPLOYER, SUCH EMPLOYER SHALL PAY SUCH
 PREMIUM RATES FOR WORKERS'  COMPENSATION  INSURANCE  FOR  SUCH  EMPLOYEE
 BASED  ON  THE  APPLICABLE  GROUP  AND CLASS FOR EACH EMPLOYMENT IF SUCH
 EMPLOYER KEEPS COMPLETE AND ACCURATE PAYROLL RECORDS, INCLUDING, BUT NOT
 LIMITED TO ORIGINAL TIME  CARDS  OR  TIME  BOOK  ENTRIES  WHICH  CLEARLY
 DISTINGUISH  BETWEEN  THE TWO OR MORE EMPLOYMENTS HELD BY SUCH EMPLOYEE.
 Such premiums in the state fund shall be fixed at  the  lowest  possible
 rates  consistent  with the maintenance of a solvent fund and of reason-
 able reserves and surplus.
   (B) FOR THE PURPOSES  OF  THIS  SUBDIVISION,  "CONCURRENT  EMPLOYMENT"
 MEANS AN EMPLOYEE WHO HAS TWO OR MORE EMPLOYMENTS WITH THE SAME EMPLOYER
 AND SUCH EMPLOYMENTS ARE DISTINGUISHABLE BASED ON THE GROUPS AND CLASSES
 FOR THE INDUSTRY OR HAZARDS INVOLVED.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11668-01-1

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