NYSACRA

WORKERS COMP INSURANCE CHANGES

The New York Compensation Insurance Rating Board published new rates to be effective December 1, 2003.  These new rates reflect overall experience and trends for all industry classes in New York State and are the base rates used by most insurers for NY businesses.  Community Residence Insurance Saving Plan (CRISP) Self-Insurance Trust, NYSACRA’s endorsed program, has adopted these new rates effective December 1, 2003 for new and renewal certificates. The effect o­n NYSACRA members will depend o­n each agency’s classifications, but the overall effect statewide is little or no increase in contributions.

Most carriers are now charging separately for Terrorism Coverage o­n renewal certificates. The CRISP Self-Insured Trust will, as well, effective o­n or after December 1, 2003.  This charge has been extracted from the base rates for all classes to provide a separate charge as a temporary federal backstop for property & casualty insurance covering acts of terrorism.  The charge for terrorism coverage is $.034 per $100 of payroll.

All NYS employers with Workers' Compensation coverage must pay the New York State Assessment charge each year (14.3% effective October 1, 2003).  This assessment will continue to be paid by CRISP o­n behalf of its participants.

In addition, there is movement by some carriers to reclassify payroll based o­n some newly published classifications.  In some cases, this could be more costly. If you have any questions regarding how your agency’s payroll is classified, or how the rates are affected by these changes, please contact the NYSACRA office.  Inquiries may be funneled to CRISP representatives for assistance.

AMICUS BRIEF FILED REGARDING
UNION NEUTRALITY LAW

As you know, last year the Union Neutrality Law was signed by the Governor, and to date, the Department of Labor has not promulgated the necessary regulations to implement it.  A lawsuit was filed in April of 2003 and a motion to dismiss was filed by the Attorney General in June.  The lawsuit was filed by NYSARC, CPNYS, HANYS and NYSHFA.  The lawsuit was amended and improved during the summer/early fall and has been resubmitted.   NYSACRA and four organizations, NYSRA, ACL, NYSHCP, CVMHA and NYSCCBH, have formed a coalition to file an amicus (friend of the court) brief, outlining our clear interest in supporting the lawsuit.  The brief, written by Whiteman, Osterman & Hanna LLP, states that, “Without exception, the Coalition members believe that the restrictions of Labor Law § 211-a place their members in an untenable situation with respect to their ability to communicate effectively with their employees o­n issues relating to the merits of union organization.  In the industry in which they provide services - an industry with fixed reimbursement rates, limited resources, and vigorous competition for scarce sources of alternative funding -- the Coalition members believe that § 211-a makes it impossible for their member agencies to interact fairly with their employees and potential unions as contemplated by the National Labor Relations Act.”  ……   “ Moreover, the Coalition members believe it would be very difficult, perhaps impossible, for these agencies adequately to track and segregate State funds in a manner sufficient to protect them from charges of violating § 211-a -- a statute that imposes civil, and perhaps even criminal, penalties for violations of its provisions.  For these reasons, the Coalition believes that the arguments it raises in its amicus curiae brief are relevant, distinct, and crucial to the Court’s resolution of the underlying lawsuit.” 

NYSACRA will keep you posted about the Union Neutrality Law and the related lawsuits.  To download the 42 page brief, visit NYSACRA’s website at www.nysacra.org and click o­n "Downloads".  You must be registered as a NYSACRA Member to view this brief.