§ 107. Workers' compensation security fund. The purpose of the fund is to assure to persons and funds entitled thereto the compensation and benefits provided by this chapter for employments insured in insolvent carriers, including the return of unearned premiums. Such fund shall be applicable to the payment of awards for compensation or death benefits and to the payment of benefits into the special funds created under the provisions of subdivisions eight and nine of section fifteen and section twenty-five-a of this chapter heretofore or hereafter made pursuant to this chapter, and remaining unpaid, in whole or in part, by reason of the default, after the effective date of this article, of an insolvent carrier including the return of unearned premiums, but such fund shall not be applicable to the payment of any amounts due under any policy of reinsurance issued to an insurance carrier. The fund shall also be applicable to the payment of liability claims against an employer under the employer's liability insurance portion of the standard New York workers' compensation and employer's liability insurance policy, but no payment from the fund for such liability claim shall exceed the lesser of the policy limit or one million dollars on any one claim. Expenses of administration also shall be paid from the fund as herein provided. Such fund shall consist of all contributions received and paid into the fund by carriers, as herein defined, of property and securities acquired by and through the use of moneys belonging to the fund and of interest earned upon moneys deposited or invested as herein provided. The payment of the return of unearned premiums and the payment of liability claims provided for pursuant to the provisions of this section shall be made only if the fund is determined by the superintendent of financial services to be sufficient to satisfy all claims for compensation or death benefits and to the payment of benefits into the special funds created under the provisions of subdivisions eight and nine of section fifteen and section twenty-five-a of this chapter and, provided further, that the superintendent of financial services shall designate sufficient assets from this fund for the payment of such claims which shall not at any time be diverted to any other use or purpose. The fund shall be administered by the superintendent of financial services in accordance with the provisions of this article.

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Terms Used In N.Y. Workers' Compensation Law 107

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Carrier: means a stock or mutual corporation or a reciprocal insurer or a nonprofit property/casualty insurance company, if such corporation or insurer is authorized to transact the business of workers' compensation insurance in this state, including but not limited to the issuance of an assumption of workers' compensation liability insurance policy, but not including any such corporation or insurer which is insolvent. See N.Y. Workers' Compensation Law 106
  • compensation: include the benefits in relation to volunteer firefighters and volunteer ambulance workers pursuant to the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law and benefits in relation to longshore and harbor workers pursuant to the longshore and harbor workers' compensation act, United States Code, title 33, §§ 901 through 950. See N.Y. Workers' Compensation Law 106
  • Employer: includes any political subdivision liable for benefits pursuant to the volunteer firefighters' benefit law. See N.Y. Workers' Compensation Law 106
  • Fund: means the workers' compensation security fund. See N.Y. Workers' Compensation Law 106
  • This chapter: includes the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law; and the longshore and harbor workers' compensation act, United States Code, title 33, §§ 901 through 950; except when such a meaning is inconsistent with this article. See N.Y. Workers' Compensation Law 106