New York Laws
Article 2 - Compensation
27 - Depositing Future Payments in the Aggregate Trust Fund.

(a) In the mandatory type cases based on an accident occurring on or
subsequent to July first, nineteen hundred forty-one up to and including
June thirtieth, nineteen hundred forty-three an amount equal to six per
centum of the present value of each such case paid into such fund;
(b) In the mandatory type cases based on an accident occurring on or
subsequent to July first, nineteen hundred forty-three an amount equal
to ten per centum of the present value of each such case paid into such
fund;
(c) In the discretionary type cases based on an accident occurring up
to and including June thirtieth, nineteen hundred thirty-nine an amount
equal to sixteen per centum of the present value of each such case paid
into such fund;
(d) In the discretionary type cases based on an accident occurring on
or subsequent to July first, nineteen hundred thirty-nine an amount
equal to ten per centum of the present value of each such case paid into
such fund.
Such additional payments shall be required until the surplus of the
fund equals or exceeds one per centum of the total outstanding loss
reserves as shown by three successive annual reports of the fund to the
superintendent of financial services and such additional payment shall
be required as a payment upon each award based on an accident occurring
prior to July first next succeeding the third such annual report, but
not as a payment upon any award based on an accident occurring on or
after said July first; provided, however, that if and when the surplus
of the fund as shown by any annual report thereafter shall be less than
one per centum of the total outstanding loss reserves, then the
additional payments as provided in paragraphs (a), (b), (c) and (d) of
this subdivision shall be resumed and shall be payable upon any award
based on an accident occurring on or after July first next succeeding
the close of the year for which such annual report is made. Thereafter,
the suspension or resumption of additional payments as required by this
subdivision shall be governed by the foregoing provisions. Such loss
reserves shall be computed based upon the tables specified in
subdivision five of this section and interest at a standard to be
determined by the superintendent of financial services by regulation.
8. In the case of a claim concerning which the aggregate trust fund
enters a waiver agreement pursuant to section thirty-two of this
article, the insurance carrier, as defined in subdivision twelve of
section two of this chapter, which paid the present value of the award
for such claim, shall not be entitled to a refund of any portion of the
present value of such award.

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