S T A T E O F N E W Y O R K
________________________________________________________________________
1571--A
2009-2010 Regular Sessions
I N S E N A T E
February 3, 2009
___________
Introduced by Sens. GOLDEN, ALESI, BONACIC, DeFRANCISCO, FLANAGAN,
LAVALLE, MAZIARZ, MORAHAN, PADAVAN, VOLKER -- read twice and ordered
printed, and when printed to be committed to the Committee on Aging --
recommitted to the Committee on Aging in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the elder law, in relation to prohibiting a diminution
of certain employee benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The elder law is amended by adding a new article 4 to read
as follows:
ARTICLE 4
EMPLOYEE BENEFIT PLANS
SECTION 401. PROHIBITION AGAINST DIMINUTION OF BENEFITS.
S 401. PROHIBITION AGAINST DIMINUTION OF BENEFITS. ANY OTHER PROVISION
OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, AN EMPLOYER SHALL NOT
DIMINISH THE BENEFITS GRANTED A PARTICIPANT, OR FOR WHICH SUCH PARTIC-
IPANT IS ELIGIBLE, UNDER AN EMPLOYEE WELFARE BENEFIT PLAN AS SUCH PLAN
WAS IN EXISTENCE AT THE TIME OF THE RETIREMENT OF SUCH PARTICIPANT, AND
WHICH APPLIED TO SUCH PARTICIPANT. ANY REDUCTION IN SUCH PLAN OR BENE-
FITS TO SUCH PARTICIPANT IS HEREBY DECLARED NULL AND VOID AS AGAINST
STATE POLICY. AS USED IN THIS ARTICLE:
1. THE TERMS "EMPLOYEE WELFARE BENEFIT PLAN" AND "WELFARE PLAN" HAVE
THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SECTION 1002 OF SUBTITLE A
OF SUBCHAPTER I OF CHAPTER 18 OF USC TITLE 29.
2. "EMPLOYER" MEANS ANY PERSON ACTING DIRECTLY AS AN EMPLOYER, OR
INDIRECTLY IN THE INTEREST OF AN EMPLOYER, IN RELATION TO AN EMPLOYEE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06343-03-0
S. 1571--A 2
BENEFIT PLAN; AND INCLUDES A GROUP OR ASSOCIATION OF EMPLOYERS ACTING
FOR AN EMPLOYER IN SUCH CAPACITY. THE TERM EMPLOYER INCLUDES WITHOUT
RESTRICTION ANY EMPLOYEE ORGANIZATION, AND PUBLIC, PRIVATE, OR NOT FOR
PROFIT ENTITY OR ENTITIES, INDIVIDUAL OR INDIVIDUALS, INCLUDING ENTITIES
OR INDIVIDUALS DOING BUSINESS AS, WHICH ARE ENGAGED IN ANY TRADE OR
OCCUPATION WHICH EMPLOYS EMPLOYEES IN THIS STATE.
3. "EMPLOYEE" MEANS ANY INDIVIDUAL EMPLOYED BY AN EMPLOYER.
4. "PARTICIPANT" MEANS ANY FORMER EMPLOYEE OF AN EMPLOYER, OR ANY
FORMER MEMBER OF AN EMPLOYEE ORGANIZATION, WHO IS ELIGIBLE TO RECEIVE A
BENEFIT OF ANY TYPE FROM AN EMPLOYEE WELFARE BENEFIT PLAN WHICH COVERS
EMPLOYEES OF SUCH EMPLOYER OR MEMBERS OF SUCH ORGANIZATION, OR WHOSE
BENEFICIARIES MAY BE ELIGIBLE TO RECEIVE ANY SUCH BENEFIT.
5. "EMPLOYEE ORGANIZATION" MEANS ANY LABOR UNION OR ANY ORGANIZATION
OF ANY KIND, OR ANY AGENCY OR EMPLOYEE REPRESENTATION COMMITTEE, ASSOCI-
ATION, GROUP OR PLAN, IN WHICH EMPLOYEES PARTICIPATE AND WHICH EXISTS
FOR THE PURPOSE, IN WHOLE OR IN PART, OF DEALING WITH EMPLOYERS CONCERN-
ING AN EMPLOYEE WELFARE BENEFIT PLAN OR OTHER MATTERS INCIDENTAL TO
EMPLOYMENT RELATIONSHIPS; OR ANY EMPLOYEES' BENEFICIARY ASSOCIATION
ORGANIZED FOR THE PURPOSE IN WHOLE OR IN PART, OF ESTABLISHING SUCH A
PLAN.
6. "BENEFICIARY" MEANS A PERSON DESIGNATED BY A PARTICIPANT, OR BY THE
TERMS OF AN EMPLOYEE BENEFIT PLAN, WHO IS OR MAY BECOME ENTITLED TO A
BENEFIT THEREUNDER.
7. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, JOINT VENTURE, CORPO-
RATION, MUTUAL COMPANY, JOINT-STOCK COMPANY, TRUST, ESTATE, UNINCORPO-
RATED ORGANIZATION, ASSOCIATION, OR EMPLOYEE ORGANIZATION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
