Assembly Bill A887A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 887--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. ORTIZ, SCARBOROUGH, PERRY, LUPARDO, BENEDETTO,
  COOK, GUNTHER, COLTON, N. RIVERA, CUSICK, SCHIMEL  --  Multi-Sponsored
  by  --  M.  of  A.    ABBATE,  BOYLAND, CAHILL, CLARK, JACOBS, JAFFEE,
  V. LOPEZ, MAISEL, MILLMAN, NOLAN,  PEOPLES-STOKES,  REILLY,  ROBINSON,
  SWEENEY,  WEISENBERG  --  read  once  and referred to the Committee on
  Labor -- recommitted to the Committee on Ways and Means in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the workers' compensation law, in relation to establish-
  ing the veterans' special disability fund  to  provide  incentives  to
  employers  to  hire  veterans who have sustained an injury or physical
  impairment during military active duty

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Clause (A) of subparagraph 2 of paragraph (h) of subdivi-
sion 8 of section 15 of the workers' compensation  law,  as  amended  by
chapter  6  of  the laws of 2007, is amended and a new subparagraph 8 is
added to read as follows:
  (A) No carrier or employer, or the state insurance fund,  may  file  a
claim  for reimbursement from the special disability fund, for an injury
or illness with a date of accident or date of disablement  on  or  after
July  first,  two  thousand  seven UNLESS SUCH CLAIM SEEKS REIMBURSEMENT
PURSUANT TO THE VETERANS' SPECIAL  DISABILITY  FUND  AS  ESTABLISHED  IN
SUBPARAGRAPH  EIGHT  OF THIS PARAGRAPH.   No carrier or employer, or the
state insurance fund, may  file  a  claim  for  reimbursement  from  the
special disability fund after July first, two thousand ten, and no writ-
ten  submissions or evidence in support of such a claim may be submitted
after that date.
  (8)(A) ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE,  AN  EMPLOYER,  OR
THE  EMPLOYER'S  INSURANCE  CARRIER,  MAY FILE A CLAIM FOR REIMBURSEMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03701-02-2

A. 887--A                           2

FROM THE VETERANS' SPECIAL DISABILITY FUND, AS ESTABLISHED IN CLAUSE (D)
OF THIS SUBPARAGRAPH, FOR WAGES PAID TO A CLAIMANT FOR  PERMANENT  TOTAL
OR  PARTIAL  DISABILITY OF THE CLAIMANT. SUCH CLAIM MAY BE FILED REGARD-
LESS OF THE DATE SUCH INJURY, IMPAIRMENT OR DISABLEMENT WAS SUSTAINED BY
THE VETERAN.
  (B) AN EMPLOYER OR INSURANCE CARRIER SHALL BE FULLY REIMBURSED FOR THE
TOTAL  WAGES  PAID  TO  A  CLAIMANT  FOR  THE TOTAL PERIOD OF DISABILITY
RESULTING FROM THE COMPENSABLE INJURY SUSTAINED BY SUCH CLAIMANT  DURING
EMPLOYMENT  AND  SUCH  COMPENSATION TO THE CLAIMANT, OR REIMBURSEMENT TO
SUCH EMPLOYER, SHALL EQUAL THE TOTAL WAGES PAID UNDER THE AWARD SCHEDULE
OF COMPENSATION FOR PERMANENT TOTAL DISABILITY AS IS PRESCRIBED IN  THIS
SECTION.
  (C)  AN  EMPLOYER  SHALL BE ENTITLED TO SUCH REIMBURSEMENT IF: (I) THE
CLAIMANT SUSTAINED AN INJURY OR PHYSICAL IMPAIRMENT DURING ACTIVE  MILI-
TARY  DUTY  PRIOR  TO  EMPLOYMENT,  (II)  THE  EMPLOYER WAS AWARE OF THE
PRE-EXISTING INJURY OR IMPAIRMENT UPON HIRING THE CLAIMANT AND (III) THE
PRE-EXISTING INJURY OR IMPAIRMENT MATERIALLY AND SUBSTANTIALLY  RESULTED
IN THE PERMANENT COMPENSABLE DISABILITY OF THE CLAIMANT.
  (D)  A  FUND IS HEREBY ESTABLISHED UNDER THE AUSPICES OF THE BOARD AND
THE DEPARTMENT OF TAXATION AND FINANCE TO RETAIN THE LIABILITIES CHARGE-
ABLE UNDER THIS CLAUSE. THE SAID FUND SHALL BE KNOWN AND REFERRED TO  AS
THE  "VETERANS' SPECIAL DISABILITY FUND" AND SHALL BE AVAILABLE ONLY FOR
THE PURPOSES STATED WITHIN THIS CLAUSE, AND  THE  ASSETS  OF  SAID  FUND
SHALL  NOT  AT  ANY TIME BE APPROPRIATED OR DIVERTED TO ANY OTHER USE OF
PURPOSE. SUCH FUND SHALL BE MAINTAINED AND PROVIDED FOR BY THE BOARD AND
THE DEPARTMENT OF TAXATION AND FINANCE  COLLECTIVELY.  THE  CHAIR  SHALL
ASSESS UPON AND COLLECT FROM EACH INSURANCE CARRIER, INCLUDING THE STATE
INSURANCE  FUND,  AND ANY COUNTY, CITY, TOWN, VILLAGE OR OTHER POLITICAL
SUBDIVISION FAILING TO SECURE COMPENSATION, A SUM EQUAL TO A PERCENTAGE,
OF THE TOTAL COMPENSATION PAID BY INSURANCE CARRIERS FOR THE YEAR ENDING
MARCH THIRTY-FIRST NEXT PRECEDING THE DATE OF SUCH ASSESSMENT.
  (I) THE CHAIR AND THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  SHALL
DETERMINE  THE  EXACT  RATE  OF  ASSESSMENT TO BE MADE AGAINST INSURANCE
CARRIERS TO FUND THE VETERANS' SPECIAL DISABILITY FUND AND  SHALL  REAS-
SESS  SUCH  ASSESSMENTS  ON  AN  ANNUAL BASIS. SUCH ASSESSMENTS SHALL BE
INITIALLY BASED UPON THE ASSESSMENTS SET FORTH PURSUANT TO FORMER SUBDI-
VISION EIGHT OF THIS SECTION AS IT  EXISTED  IMMEDIATELY  PRIOR  TO  THE
EFFECTIVE DATE OF CHAPTER SIX OF THE LAWS OF TWO THOUSAND SEVEN. A CLAIM
SOUGHT PURSUANT TO THIS CLAUSE SHALL COMPLY WITH ALL OTHER PROVISIONS OF
THIS SECTION.
  (II)  THE  CHAIR  AND  THE  COMMISSIONER  OF  TAXATION AND FINANCE ARE
FURTHER AUTHORIZED AND DIRECTED TO ENTER INTO FINANCIAL  AGREEMENTS  FOR
THE  VETERANS' SPECIAL DISABILITY FUND. SUCH AN AGREEMENT SHALL BE KNOWN
AND REFERRED TO AS THE  "VETERANS'  SPECIAL  DISABILITY  FUND  FINANCIAL
AGREEMENT".
  (III) THE COMMISSIONER OF TAXATION AND FINANCE IS HEREBY AUTHORIZED TO
RECEIVE  AND  CREDIT TO THE VETERANS' SPECIAL DISABILITY FUND ANY SUM OR
SUMS WHICH MAY, AT ANY TIME, BE CONTRIBUTED TO THE STATE BY  THE  UNITED
STATES  OF AMERICA UNDER ANY ACT OF CONGRESS, OR OTHERWISE, TO WHICH THE
STATE MAY BE OR BECOME ENTITLED BY REASON OF ANY PAYMENTS  MADE  OUT  OF
SUCH  FUND. THE COMMISSIONER OF TAXATION AND FINANCE SHALL BE THE CUSTO-
DIAN OF SUCH FUND AND, UNLESS OTHERWISE PROVIDED FOR  IN  THE  VETERANS'
SPECIAL DISABILITY FUND FINANCING AGREEMENT, SHALL INVEST ANY SURPLUS OR
RESERVE  MONEYS THEREOF IN SECURITIES WHICH CONSTITUTE LEGAL INVESTMENTS
FOR SAVINGS BANKS UNDER THE LAWS OF THIS STATE AND IN  INTEREST  BEARING
CERTIFICATES  OF  DEPOSIT OF A BANK OR TRUST COMPANY LOCATED AND AUTHOR-

A. 887--A                           3

IZED TO DO BUSINESS IN THIS STATE OR OF A NATIONAL BANK LOCATED IN  THIS
STATE  SECURED BY A PLEDGE OF DIRECT OBLIGATIONS OF THE UNITED STATES OR
OF THE STATE OF NEW YORK IN AN  AMOUNT  EQUAL  TO  THE  AMOUNT  OF  SUCH
CERTIFICATES  OF  DEPOSIT, AND MAY SELL ANY OF THE SECURITIES OR CERTIF-
ICATES OF DEPOSIT WHICH SUCH FUND IS INVESTED IF NECESSARY FOR THE PROP-
ER ADMINISTRATION OR IN THE BEST INTEREST OF  SUCH  FUND.  DISBURSEMENTS
FROM  SUCH FUND AS PROVIDED PURSUANT TO THIS CLAUSE SHALL BE MADE BY THE
COMMISSIONER OF TAXATION AND FINANCE UPON VOUCHERS SIGNED BY THE CHAIR.
  S 2. The chair of the workers' compensation board and the commissioner
of taxation and finance shall on the one  hundred  twentieth  day  after
subparagraph  8  of  paragraph (h) of subdivision 8 of section 15 of the
workers' compensation  law  takes  effect,  determine  the  rate  and/or
percentage  of  compensation to be assessed and collected upon insurance
carriers for the veterans' special disability fund.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that  the  chair  of  the
workers' compensation board and the commissioner of taxation and finance
shall  be  authorized  and directed to promulgate any rules and/or regu-
lations necessary for the implementation of this act on  or  before  its
effective date.