If pursuant to section one hundred fourteen-a of this chapter, benefits or payments are suspended or otherwise prohibited, and so long as the employer has not been found to be in violation of section one hundred fourteen of this chapter, such employer's experience rating, or where the employer is not experience rated, any surcharges resulting from the fraudulent claim, shall be readjusted to reflect the position in which it would have been, or the experience rating which it would have had, had such fraudulent claim not been made.
New York Legal Code