§ 2304. Rate making and supporting information. (a) In the making of\nrates, consideration shall be given to past and prospective loss\nexperience, including the conflagration and catastrophe hazards, if any,\nboth within and without this state, to all factors reasonably\nattributable to the class of risks, to a reasonable profit, to past and\nprospective expenses both country-wide and those specially applicable to\nthis state, and in the case of participating insurers to policyholders'\ndividends, savings or unabsorbed premium deposits allowed or returned to\npolicyholders, members or subscribers.\n (b) The information furnished in support of a filing may include:\n (1) the experience or judgment of the insurer or rate service\norganization making the rate;\n (2) its interpretation of any statistical data it relies upon;\n (3) the experience of other insurers or rate service organizations; or\n (4) any other relevant factors.\n (c) Risks may be grouped by classifications for the establishment of\nrates and minimum premiums. Classification rates may be modified to\nproduce rates for individual risks in accordance with rating plans which\nestablish standards for measuring variations in hazards or expense\nprovisions, or both. Such standards may measure any differences among\nrisks that can be demonstrated to have a probable effect upon losses or\nexpenses.\n (d) The systems of expense provisions included in the rates for use by\nany insurer or group of insurers may differ from those of other insurers\nor groups of insurers to reflect the requirements of the operating\nmethods of any such insurer or group with respect to one or more kinds\nof insurance, or subdivisions of kinds of insurance, or classes of\nrisks, or any part or combination of the foregoing, for which separate\nexpense provisions are applicable.\n (e)(1) Premiums for workers' compensation insurance for employments\nclassified under sections two hundred twenty, two hundred forty and two\nhundred forty-one of the labor law, provided such employments are\nclassified under each of said sections, shall be established on the\nbasis of payroll and a formula which provides appropriate credits,\nprovided such credits shall not apply to payroll in excess of the\npayroll limitation amount set forth in subdivision two of section\neighty-nine of the workers' compensation law and this subsection. With\nthe exception of employments engaged in the construction of one or two\nfamily residential housing, premiums shall be calculated in accordance\nwith the following limitations:\n (A) For policies with rating anniversary dates after September\nthirtieth, nineteen hundred ninety-nine and before October first, two\nthousand, an employer's payroll for premium computation purposes in the\naffected construction classifications shall be the actual weekly payroll\nper employee for the number of weeks employed subject to a maximum of\nnine hundred dollars per week per employee plus one-half of the\ndifference between the employer's total payroll and the limited payroll.\n (B) For policies with rating anniversary dates after September\nthirtieth, two thousand and before October first, two thousand one, an\nemployer's payroll for premium computation purposes in the affected\nconstruction classifications shall be the actual weekly payroll per\nemployee for the number of weeks employed subject to a maximum of nine\nhundred dollars per week per employee.\n (C) For policies with rating anniversary dates after September\nthirtieth, two thousand one and before October first, two thousand two,\nan employer's payroll for premium computation purposes in the affected\nconstruction classifications shall be the actual weekly payroll per\nemployee for the number of weeks employed subject to a maximum of eight\nhundred dollars per week per employee.\n (D) For policies with rating anniversary dates after September\nthirtieth, two thousand two, an employer's payroll for premium\ncomputation pur
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