STATE OF NEW YORK
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10496
IN ASSEMBLY
March 6, 2026
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Introduced by M. of A. GRIFFIN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the general municipal law, in relation to authorizing
BOCES to establish a workers' compensation reserve fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6-j of the general municipal law, as amended by
2 chapter 704 of the laws of 1956, subdivisions 1 and 4 as amended by
3 chapter 476 of the laws of 2018, subdivisions 2 and 6 as amended by
4 chapter 340 of the laws of 1973, subdivision 3 as amended by chapter 140
5 of the laws of 1996, and subdivision 5 as added and subdivision 6 as
6 renumbered by chapter 433 of the laws of 1987, is amended to read as
7 follows:
8 § 6-j. [Workmen's] Workers' compensation reserve fund. 1. The govern-
9 ing board of any municipal corporation, school district [or], fire
10 district or board of cooperative educational services, which is, or
11 shall hereafter become a self-insurer under the provisions of subdivi-
12 sion four of section fifty of the workers' compensation law or section
13 thirty of the volunteer firefighters' benefit law may establish a
14 reserve fund to be known as the workers' compensation reserve fund of
15 such municipal corporation, school district [or], fire district or board
16 of cooperative educational services.
17 2. There may be paid into any such fund (a) such amounts as may be
18 provided therefor by budgetary appropriations; and (b) such other sums
19 as may be legally appropriated.
20 3. The moneys in such fund shall be deposited and secured in the
21 manner provided by section ten of this article. The money in such fund
22 so deposited shall be accounted for separate and apart from all other
23 funds of the municipality, school district [or], fire district or board
24 of cooperative educational services, in the same manner as provided in
25 subdivision ten of section six-c of this article. The governing board,
26 or the chief fiscal officer of such municipality, school district [or],
27 fire district or board of cooperative educational services, if the
28 governing board shall delegate such duty to [him] such chief fiscal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15049-01-6
A. 10496 2
1 officer, may invest the moneys in such fund in the manner provided in
2 section eleven of this article. Any interest earned or capital gain
3 realized on the money so deposited or invested shall accrue to and
4 become part of such fund. The separate identity of such fund shall be
5 maintained whether its assets consist of cash or investments or both.
6 4. An expenditure shall be made from such fund only for the payment of
7 compensation and benefits, medical, hospital or other expense authorized
8 by article two of the workers' compensation law and by the volunteer
9 firefighters' benefit law and expenses of administering the self-insu-
10 rance program for such municipal corporation, school district [or], fire
11 district or board of cooperative educational services.
12 5. If at the end of any fiscal year the moneys in such fund shall
13 exceed the amounts required to be paid pursuant to subdivision four of
14 this section plus any additional amount required to pay all pending
15 claims, the governing board of the municipal corporation, school
16 district, board of cooperative educational services or fire district
17 may, within sixty days of the close of such fiscal year, elect to: (a)
18 transfer said excess, or any part thereof, to any fund authorized by
19 this article or section thirty-six hundred fifty-one of the education
20 law; and/or (b) apply said excess, or any part thereof to the budget
21 appropriation of the next succeeding fiscal year.
22 6. If the municipal corporation, school district [or], fire district
23 or board of cooperative educational services shall, after the establish-
24 ment of such fund, cease to be a self-insurer, the moneys remaining in
25 such fund may be transferred to any other fund authorized by this chap-
26 ter or section thirty-six hundred fifty-one of the education law only to
27 the extent that the moneys in such fund shall exceed in amount the sum
28 sufficient to pay all expenditures authorized in [paragraph numbered]
29 subdivision four of this section, both accrued and contingent.
30 § 2. This act shall take effect immediately.
