New York Laws
Article 6 - State Insurance Fund.
88 - Administration Expenses.

* § 88. Administration expenses. The entire expense of administering
the state insurance fund shall be paid out of such fund. The portion of
such expenses applicable and chargeable to the disability benefits fund
and the medical and hospital malpractice fund shall be determined on an
equitable basis with due allowance for the division of overhead
expenses. Not later than the first day of November there shall be
submitted to the director of the budget for his approval an estimated
budget of expenditures for the succeeding calendar year having due
regard to the business interests and contract obligations of the fund.
There may not be expended for the state insurance fund for purposes of
administration more than the amounts specified in such budget for each
item of expenditure, except as authorized by the director of the budget.
In no case shall the amount of expenditures so authorized for an entire
year for workers' compensation insurance exceed twenty-five per centum
of the earned premiums for such insurance for that year. In no case
shall the amount of expenditures authorized for the disability benefits
fund for an entire year exceed twenty-five per centum of the premiums
earned by that fund. In no case shall the amount of expenditures
authorized for the medical and hospital malpractice fund for an entire
year exceed twenty-five per centum of the premiums earned by that fund.
If there be officers or employees of the department whose duties relate
partly to the general work of the department and partly to the work of
the state insurance fund, and in case there is other expense which is
incurred jointly on behalf of the general work of the department and the
state insurance fund, an equitable apportionment of the expense shall be
made and the part thereof which is applicable to the state insurance
fund shall be chargeable thereto. The expenses of the department of
audit and control incurred in connection with the pre-audit of
expenditures of the state insurance fund, as required by section one
hundred eleven of the state finance law, shall be a charge against and
be paid out of the moneys of the state insurance fund and there shall be
included in the annual estimate submitted pursuant to this section an
amount sufficient to pay such expenses for the period covered by such
estimate. Notwithstanding section four of the state finance law, the
state comptroller is authorized to process or approve payments related
to business taxes, various workers' compensation board assessments and
assessments related to the workers' compensation rating board directly
from the fund's accounts without explicit appropriation authority. The
commissioner of labor shall include in his annual report to the
legislature a statement of the commissioners showing the expense of
administering the state fund for the preceding year. All appointments to
positions in the state insurance fund shall be made subject to civil
service requirements.

* NB There are 2 § 88's