N.Y. Comp. Codes R. & Regs. tit. 4 § 89.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 89.2 - Supplemental payments to certain persons receiving workers' compensation

(a) An employee who is disabled and absent from work as a result of an illness, accident or injury incurred on or after September 1, 1986, and before July 1, 1992, who is receiving compensation pursuant to section 12 of the Workers' Compensation Law shall, in addition to such an award, receive a supplemental payment thereto from the State, as hereinafter provided, in an amount as determined by the State Comptroller, which supplement, together with said compensation, will equal such employee's regular biweekly salary, adjusted to exclude deductions from the employee's gross biweekly salary for Federal, State and municipal income tax withholdings and withholdings for social security (hereinafter referred to as the net biweekly salary), during the period that such employee is receiving compensation pursuant to the Workers' Compensation Law, or for nine months from the initial effective date of the payment of such supplement, whichever is shorter. In the event compensation pursuant to the Workers' Compensation Law is awarded retroactively, such supplement shall be paid for a period of equal length; provided, however, in no event shall the payment of said supplement be for a period in excess of nine months in the aggregate.

(b) In the event an employee receiving such supplemental payment is participating in a tax deferred annuity program as authorized by State law, rule or regulation, the amount of any salary reduction shall be ignored in computing the amount of the supplemental payment to be made to such an employee.

(c) In the event an employee is participating in the Voluntary Reduction in Work Schedule Program (VRWS), the supplemental payment herein provided shall be based on the percentage of salary the employee is receiving pursuant to the VRWS agreement with the employer; provided, however, that after 28 days of continuous absence the VRWS agreement shall be cancelled and such supplemental payment shall be recalculated on the basis of the employee's regular biweekly salary without regard to any such program participation.

(d) The supplemental payments made pursuant to this section shall be deemed a disability benefit for the purpose of adjustments to any short term or long term disability benefit otherwise payable pursuant to Part 78 of this Title.

(e) If the Workers' Compensation Board determines that compensation pursuant to section 12 of the Workers' Compensation Law is not payable, the employee shall be required to repay all amounts provided pursuant to this Part to the State in such form and in such amount as the Comptroller shall determine.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 89.2