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This entry was published on 2014-09-22
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Awards to non-residents: Non-resident compensation fund
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 2
§ 25-b. Awards to non-residents: Non-resident compensation fund. 1.
There is hereby created a fund to be known as the non-resident
compensation fund. Whenever an award is made to or on behalf of alien
dependents, non-residents of the United States, Canada or Newfoundland,
or an award is made to a non-resident citizen of the United States,
which calls for the payment of compensation or death benefits, or where
there is outstanding an unpaid balance of compensation or death benefits
payable to such non-resident, and it shall appear that the person or
persons to whom the award has been made or any balance of such award is
payable, would not have the full benefit or use or control of the money
payable under such award, or where other special circumstances made it
desirable that present payment of the award shall be withheld, the
employer, or if insured, his insurance carrier, or any special fund
liable for such payment, may, by order of the board, be required to pay
to the comptroller of the state of New York all amounts then due or
thereafter to become due under the terms of the award to such
non-resident. The moneys so paid in shall be held by the comptroller in
the non-residents compensation fund.

2. All computations for the commutation of any such award for payment
into the said fund shall be made in accordance with the tables specified
in section twenty-seven of this chapter.

3. The payment of the amount of any such award into the non-resident
compensation fund shall constitute a complete discharge of the employer
or insurance carrier from all liability for such award.

4. If at any time there shall be created by any act of the congress of
the United States or by any lawful rule or regulation of the president
any agency or fund for the safekeeping or custody of moneys belonging to
or payable to any non-resident alien, and if such act or rule shall
require the payment into such agency or fund of any moneys theretofore
paid into the fund for foreign dependents, the board may make its
findings and issue its order thereon directing the transfer of such
moneys by the comptroller to such other agency or fund.

5. Any moneys so paid into such fund shall be held by the comptroller
until the further order of the board. Whenever the board shall find that
the reasons and conditions which made it desirable that payment into the
fund be made have changed and that the cause for such withholding shall
no longer exist, the board may make findings and issue its order thereon
directing the payment without interest of the whole or any part thereof
then due by the comptroller to the person or persons for whose benefit
the award was made.

6. If the board, at any time, upon evidence presented to it, shall
find that all or any part of the funds so deposited in such fund are not
due and payable to the non-resident for whose benefit they were
deposited, it shall direct the repayment of such amount so deposited,
without interest, by the comptroller to the party required to make the
deposit as aforesaid.

7. If no evidence shall be presented to the board of the present
existence of any such non-resident within eight years from the date when
the board has found that the precedent conditions set forth in paragraph
one hereof have changed and that direct payments could be made to such
person or persons if such person or persons are alive, it shall be
presumed in the absence of substantial evidence to the contrary, that
such person or persons are non-existent and the board shall thereupon
order the payment without interest of the amount deposited for the
benefit of such person or persons to the party required to make such
deposit as aforesaid, provided however, that thereafter such employer,
carrier or fund receiving such repayment shall continue to be liable for
any compensation subsequently found by the board to be due,
notwithstanding any other provisions of this chapter.