Marvin Mandel, Governor                         171

MINE THE RISK OF THE DIFFERENT CLASSES, AND FIX
THE RATE OF PREMIUM FOR EACH CLASS, ACCORDING TO
THE RISKS OF THE SAME SUFFICIENTLY LARGE TO GUAR-
ANTEE A WORKMEN'S COMPENSATION FUND FROM YEAR
TO YEAR. IT SHALL BE THE DUTY OF THE COMMISSION-
ERS IN DETERMINING THE RATES, IN ORDER TO CREATE
A FUND SUFFICIENTLY LARGE TO GUARANTEE A WORK-
MEN'S COMPENSATION FUND FROM YEAR TO YEAR TO
ALSO RECLASSIFY FROM TIME TO TIME THE INDUSTRIES
OR OCCUPATIONS, IN ORDER THAT THERE MAY BE A
FLEXIBLE ADJUSTMENT OF THE RATES AS THE HAZARD
FLUCTUATES, AND TO USE ALL MEANS IN THEIR POWER
THROUGH THE RATE ADJUSTMENT TO LESSEN THE OP-
PORTUNITY FOR INJURIES TO THE WORKMEN. THE CLAS-
SIFICATION SO DETERMINED AND THE RATES OF PRE-
MIUM ESTABLISHED SHALL BE APPLICABLE FOR SUCH
YEAR UNLESS A RECLASSIFICATION SHOULD, IN THE
OPINION OF THE COMMISSIONERS, NECESSITATE A
CHANGE OF RATE WITHIN SUCH YEAR; AND BASED ON
EACH ONE HUNDRED DOLLARS OF THE GROSS ANNUAL
PAYROLL OF EACH EMPLOYER IN ANY CLASS; PROVIDED,
ALSO THAT FOR THE PURPOSE OF THIS SUBTITLE, THE
PAY OF THE EMPLOYEE PARTLY WITHIN AND PARTLY
WITHOUT THE [ESTATE] STATE SHALL BE DEEMED TO
BE SUCH PROPORTION OF THE TOTAL PAY OF SUCH EM-
PLOYEE AS HIS SERVICE WITHIN THE STATE BEARS TO
HIS SERVICE OUTSIDE THE STATE. THE COMMISSIONERS
SHALL HAVE THE POWER TO APPLY THAT FORM OF RAT-
ING SYSTEM IN THE ESTABLISHMENT OF PREMIUMS
WHICH, IN THEIR JUDGMENT, IS BEST CALCULATED TO
MERIT OR INDIVIDUALLY RATE THE RISK MOST EQUITA-
BLY, PREDICTED UPON THE BASIS OF THEIR INDIVIDUAL
INDUSTRIAL ACCIDENT EXPERIENCE, AND TO ENCOUR-
AGE AND STIMULATE ACCIDENT PREVENTION; AND
SHALL DEVELOP FIXED AND EQUITABLE RULES CON-
TROLLING SUCH MERIT OR INDIVIDUAL RATES. THE
COMMISSIONERS SHALL ALSO HAVE POWER TO ESTAB-
LISH AND FIX MINIMUM PREMIUMS TO BE PAID BY ANY
EMPLOYER INSURED OR INSURING IN THE STATE ACCI-
DENT FUND, AND TO REQUIRE THE PAYMENT OF THE
ESTIMATED PREMIUMS IN ADVANCE. THE COMMISSION-
ERS, IN THEIR ADMINISTRATION OF THE STATE ACCI-
DENT FUND, SHALL HAVE THE POWER, WITH THE AP-
PROVAL OF THE SECRETARY OF PERSONNEL, TO DECLARE
DIVIDENDS TO THE SUBSCRIBERS OR POLICY HOLDERS IN
THE FUND, EITHER IN THE FORM OF CASH [REFUNDERS]
REFUNDS OR CREDITS, WHEN THE FINANCIAL CONDITION
OF THE FUND IS SUCH, IN THE JUDGMENT OF THE COM-
MISSIONERS, AS TO MAKE SUCH DIVIDEND DECLARATION
WARRANTED AND ADVISABLE.

75.

THE COMMISSIONERS OF THE STATE ACCIDENT FUND
MAY ESTABLISH AND REQUIRE ALL EMPLOYERS INSURED
IN THE STATE ACCIDENT FUND TO INSTALL AND MAIN-
TAIN A UNIFORM PAYROLL. THE COMMISSIONERS SHALL
ASCERTAIN AND ESTABLISH THE AMOUNT TO BE PAID