Establishes the veterans' special disability fund to provide incentives to employers to hire veterans who were previously injured during active military duty.
STATE OF NEW YORK
________________________________________________________________________
7038
IN SENATE
April 25, 2012
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
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:
1 Section 1. Clause (A) of subparagraph 2 of paragraph (h) of subdivi-
2 sion 8 of section 15 of the workers' compensation law, as amended by
3 chapter 6 of the laws of 2007, is amended and a new subparagraph 8 is
4 added to read as follows:
5 (A) No carrier or employer, or the state insurance fund, may file a
6 claim for reimbursement from the special disability fund, for an injury
7 or illness with a date of accident or date of disablement on or after
8 July first, two thousand seven unless such claim seeks reimbursement
9 pursuant to the veterans' special disability fund as established in
10 subparagraph eight of this paragraph. No carrier or employer, or the
11 state insurance fund, may file a claim for reimbursement from the
12 special disability fund after July first, two thousand ten, and no writ-
13 ten submissions or evidence in support of such a claim may be submitted
14 after that date.
15 (8)(A) On or after July first, two thousand twelve, an employer, or
16 the employer's insurance carrier, may file a claim for reimbursement
17 from the veterans' special disability fund, as established in clause (D)
18 of this subparagraph, for wages paid to a claimant for permanent total
19 or partial disability of the claimant. Such claim may be filed regard-
20 less of the date such injury, impairment or disablement was sustained by
21 the veteran.
22 (B) An employer or insurance carrier shall be fully reimbursed for the
23 total wages paid to a claimant for the total period of disability
24 resulting from the compensable injury sustained by such claimant during
25 employment and such compensation to the claimant, or reimbursement to
26 such employer, shall equal the total wages paid under the award schedule
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03701-03-2
S. 7038 2
1 of compensation for permanent total disability as is prescribed in this
2 section.
3 (C) An employer shall be entitled to such reimbursement if: (i) the
4 claimant sustained an injury or physical impairment during active mili-
5 tary duty prior to employment, (ii) the employer was aware of the pre-
6 existing injury or impairment upon hiring the claimant and (iii) the
7 pre-existing injury or impairment materially and substantially resulted
8 in the permanent compensable disability of the claimant.
9 (D) A fund is hereby established under the auspices of the board and
10 the department of taxation and finance to retain the liabilities charge-
11 able under this clause. The said fund shall be known and referred to as
12 the "veterans' special disability fund" and shall be available only for
13 the purposes stated within this clause, and the assets of said fund
14 shall not at any time be appropriated or diverted to any other use of
15 purpose. Such fund shall be maintained and provided for by the board and
16 the department of taxation and finance collectively. The chair shall
17 assess upon and collect from each insurance carrier, including the state
18 insurance fund, and any county, city, town, village or other political
19 subdivision failing to secure compensation, a sum equal to a percentage,
20 of the total compensation paid by insurance carriers for the year ending
21 March thirty-first next preceding the date of such assessment.
22 (i) The chair and the commissioner of taxation and finance shall
23 determine the exact rate of assessment to be made against insurance
24 carriers to fund the veterans' special disability fund and shall reas-
25 sess such assessments on an annual basis. Such assessments shall be
26 initially based upon the assessments set forth pursuant to former subdi-
27 vision eight of this section as it existed immediately prior to the
28 effective date of chapter six of the laws of two thousand seven. A claim
29 sought pursuant to this clause shall comply with all other provisions of
30 this section.
31 (ii) The chair and the commissioner of taxation and finance are
32 further authorized and directed to enter into financial agreements for
33 the veterans' special disability fund. Such an agreement shall be known
34 and referred to as the "veterans' special disability fund financial
35 agreement".
36 (iii) The commissioner of taxation and finance is hereby authorized to
37 receive and credit to the veterans' special disability fund any sum or
38 sums which may, at any time, be contributed to the state by the United
39 States of America under any act of congress, or otherwise, to which the
40 state may be or become entitled by reason of any payments made out of
41 such fund. The commissioner of taxation and finance shall be the custo-
42 dian of such fund and, unless otherwise provided for in the veterans'
43 special disability fund financing agreement, shall invest any surplus or
44 reserve moneys thereof in securities which constitute legal investments
45 for savings banks under the laws of this state and in interest bearing
46 certificates of deposit of a bank or trust company located and author-
47 ized to do business in this state or of a national bank located in this
48 state secured by a pledge of direct obligations of the United States or
49 of the state of New York in an amount equal to the amount of such
50 certificates of deposit, and may sell any of the securities or certif-
51 icates of deposit which such fund is invested if necessary for the prop-
52 er administration or in the best interest of such fund. Disbursements
53 from such fund as provided pursuant to this clause shall be made by the
54 commissioner of taxation and finance upon vouchers signed by the chair.
55 § 2. The chair of the workers' compensation board and the commissioner
56 of taxation and finance shall on the one hundred twentieth day after
S. 7038 3
1 subparagraph 8 of paragraph (h) of subdivision 8 of section 15 of the
2 workers' compensation law takes effect, determine the rate and/or
3 percentage of compensation to be assessed and collected upon insurance
4 carriers for the veterans' special disability fund.
5 § 3. This act shall take effect on the one hundred twentieth day after
6 it shall have become a law; provided, however, that the chair of the
7 workers' compensation board and the commissioner of taxation and finance
8 shall be authorized and directed to promulgate any rules and/or regu-
9 lations necessary for the implementation of this act on or before its
10 effective date.
