§ 26-a. Procedure and payment of compensation in claims against\nuninsured defaulting employers. 1. (a) Notwithstanding any other\nprovision of this chapter, when a claim for compensation is filed by an\nemployee, or in case of death by the employee's dependents, and the\nemployer has failed to secure the payment of compensation in accordance\nwith section fifty of this chapter, to make deposit of security in\naccordance with section twenty-six of this chapter and to make payment\nof compensation into the fund created under this section according to\nthe terms of any award including, without limitation, awards made\npursuant to subdivision five of section thirteen-g, subdivision two of\nsection thirteen-f, subdivision five of section thirteen-k, subdivision\nfive of section thirteen-l and subdivision six of section thirteen-m of\nthis article, payment of the award shall be promptly made from the fund\ncreated under this section in accordance with the terms thereof and the\nprovisions of subdivision three of this section. The employer shall be\nliable with the fund for payment of the award. Where the employer is a\ncorporation the president, secretary and treasurer thereof shall also be\npersonally, jointly and severally liable with the corporation for\npayment of the award. The employer shall pay the award into the fund, in\naccordance with the time limitations contained in section twenty-five of\nthis article.\n (b) No such award, however, for any service specified in subdivision\nfive of section thirteen-a of this article requiring advance\nauthorization of the employer in accordance with the provisions of such\nsubdivision, shall be payable from the fund unless advance authorization\ntherefor was secured from the representative of the fund or is\ndetermined by the board to be necessary. Notwithstanding any other\nprovision under this section, awards made pursuant to section fourteen-a\nof this article shall not be the liability of the fund and shall not be\npayable therefrom nor shall payment of the present value of benefits be\nrequired to be paid into the aggregate trust fund pursuant to section\ntwenty-seven of this article in any case in which the uninsured\nemployers' fund is liable.\n 2. Uninsured employers' fund. (a) There is hereby created a fund\nwhich shall be known as the "uninsured employers' fund" to provide for\nthe payment of awards against uninsured employers in accordance with the\nprovisions of this section and shall be available only for the purposes\nstated in this subdivision, and the assets thereof shall not at any time\nbe appropriated or directed to any other use or purpose, except as set\nforth in section fifty-a of this chapter.\n (b) For the purpose of establishing and maintaining this fund, the\nboard, upon rendering a decision with respect to any claim for\ncompensation under this chapter that the employer liable therefor has\nfailed to secure the payment of compensation with respect thereto in\naccordance with section fifty of this chapter, shall impose an\nassessment in the sum of one thousand dollars for each ten day period of\nnon-compliance or a sum not in excess of two times the amount of the\ncost of compensation for its payroll for the period of such failure\nagainst the employer and direct its payment into the fund in connection\nwith each such claim wherein injury shall have occurred on or after the\nfirst of May, nineteen hundred fifty-nine, or in death cases where death\nas the result of injury shall have occurred on or after said date.\n (c) If the employer shall fail to pay these assessments into the fund\nwithin ten days after date of mailing of notice thereof to him or her,\nsuch default shall constitute a default in payment of compensation due\npursuant to the provisions of section twenty-six of this article and\njudgment therefor shall be entered in accordance therewith, all other\nprovisions of said section to be deemed applicable with respect thereto,\nexcept to the exte
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