New York Workers' Compensation Code § 27

Depositing future payments in the aggregate trust fund
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§ 27. Depositing future payments in the aggregate trust fund. 1. All\npayments made into the fund pursuant to the provisions of this section\nshall constitute an indivisible and aggregate trust fund except as\nhereinafter provided.\n  2. If an award under this chapter requires payment of death benefits\nor other compensation by an insurance carrier or employer in periodical\npayments, the board may, in its discretion, at any time, any provision\nof this chapter to the contrary notwithstanding, compute and permit or\nrequire to be paid into the aggregate trust fund an amount equal to the\npresent value of all unpaid death benefits or other compensation in\ncases in which awards are made for total permanent or permanent partial\ndisability for a period of one hundred and four weeks or more, for which\nliability exists, together with such additional sum as the board may\ndeem necessary for a proportionate payment of expenses of administering\nthe fund so created, including the cost of the actuarial computation by\nor on behalf of the board of the present value of the award, and for the\npurposes of this section such cases shall be known as discretionary type\ncases. If any such award made on or after July first, nineteen hundred\nthirty-five, requires payment for total permanent disability resulting\nfrom the loss of both hands, or both arms, or both feet, or both legs,\nor both eyes, or of any two thereof, or for permanent partial disability\nresulting from loss of an arm, leg, hand, foot or eye, or of death\nbenefits by an insurance carrier which is a stock corporation or mutual\nassociation, or if any such award made on or after July first, two\nthousand seven requires payment for permanent partial disability under\nparagraph w of subdivision three of section fifteen of this article by\nan insurance carrier which is a stock corporation or mutual association,\nwhich for the purposes of this section shall be known as mandatory type\ncases, the board shall immediately compute the present value thereof and\nrequire payment of such amount into the aggregate trust fund, together\nwith such additional sum as the board may deem necessary for a\nproportionate payment of expenses of administering such trust fund\nincluding the cost of the actuarial computation by or on behalf of the\nboard of the present value of the award provided, however, that where an\nemployer or his insurance carrier is found to be entitled to\nreimbursement from the special disability fund of subdivision eight of\nsection fifteen, the computation of the present value of the award and\nthe requirement for payment of such amount into the said trust fund\nshall not be mandatory and such cases shall be deemed to be\ndiscretionary type cases; further provided that where an employee\nentitled to compensation under this chapter be injured or killed by the\nnegligence or wrong of another not in the same employ, the computation\nof the present value and the requirement for payment of such amount into\nthe said trust fund shall be held in abeyance until (1) six months have\nelapsed from the award of compensation, or in any event not more than\none year after the date of the accident, if the injured employee, or in\ncase of death, his personal representatives, spouse, parents, dependents\nor next of kin, or anyone otherwise entitled to recover damages at\ncommon law or otherwise, on account of such injury or death, have failed\nto commence such action, (2) the termination of any such action brought\nby the injured employee, or in case of death, his personal\nrepresentatives, spouse, parents, dependents or next of kin, or anyone\notherwise entitled to recover damages, at common law or otherwise, on\naccount of such injury or death, under the provisions of section\ntwenty-nine of this article.\n  3. Upon payment by an employer or insurance carrier into the aggregate\ntrust fund of an amount equal to the present value of all unpaid death\nbenefits or other compensation under a

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