senate Bill S3941

2013-2014 Legislative Session

Relates to consideration of an employer's loss experience in rate setting

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Feb 27, 2013 referred to labor

S3941 - Details

Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§89 & 10, Work Comp L; amd §2304, Ins L

S3941 - Summary

Relates to consideration of an employer's loss experience in rate setting and liability for compensation.

S3941 - Sponsor Memo

S3941 - Bill Text download pdf

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

                                  3941

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the workers' compensation law and the insurance law,  in
  relation  to  consideration  of  an employer's loss experience in rate
  setting; and to amend the workers' compensation law,  in  relation  to
  liability for compensation

  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. Employments and employees in the state fund shall be  divided  into
such  groups and classes as shall be equitable based upon differences 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] SHALL be employed which shall take account of the  peculiar
hazard  of each individual risk AND AN EMPLOYER'S LOSS EXPERIENCE DURING
THE MOST RECENT RATING PLAN PERIOD; PROVIDED,  HOWEVER  THAT  SUCH  LOSS
EXPERIENCE  SHALL NOT INCLUDE PAYMENT ON ANY CLAIMS WHERE THE INJURY WAS
DETERMINED TO BE THE FAULT OF ANOTHER PARTY.  Such premiums in the state
fund shall be fixed at the lowest possible  rates  consistent  with  the
maintenance of a solvent fund and of reasonable reserves and surplus.
  S 2. Subsection (a) of section 2304 of the insurance law is amended to
read as follows:
  (a)  In  the making of rates, consideration shall be given to past and
prospective loss experience, including the conflagration and catastrophe
hazards, if any, both within and without  this  state,  to  all  factors
reasonably  attributable  to the class of risks, to a reasonable profit,
to past and prospective expenses both country-wide and  those  specially
applicable  to  this state, and in the case of participating insurers to
policyholders' dividends, savings or unabsorbed premium deposits allowed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08604-01-3

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