senate Bill S2267

2009-2010 Legislative Session

Provides an exemption from workers' compensation coverage under certain circumstances

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to labor
Feb 17, 2009 referred to labor

S2267 (ACTIVE) - Details

See Assembly Version of this Bill:
A2057
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Add ยง126, Work Comp L
Versions Introduced in Other Legislative Sessions:
2011-2012: S852, A6081
2013-2014: S2693, A5657
2015-2016: S1989, A5103
2017-2018: S847, A6624
2019-2020: S1002, A5428
2021-2022: A4899
2023-2024: A1815

S2267 (ACTIVE) - Summary

Permits an employer to file an application with the department of labor to be exempted from the provisions of the workers' compensation law with respect to employees whose religious tenets or teachings oppose acceptance of any insurance benefits.

S2267 (ACTIVE) - Sponsor Memo

S2267 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2267

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to  providing
  an exemption from coverage under certain circumstances

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The workers' compensation law is amended by  adding  a  new
section 126 to read as follows:
  S 126. EXEMPTION FROM COVERAGE. 1. AN EMPLOYER MAY FILE AN APPLICATION
WITH  THE  DEPARTMENT TO BE EXEMPTED FROM THE PROVISIONS OF THIS CHAPTER
WITH RESPECT TO CERTAIN EMPLOYEES. THE APPLICATION SHALL INCLUDE A WRIT-
TEN WAIVER BY THE EMPLOYEE OF ALL BENEFITS UNDER  THIS  CHAPTER  AND  AN
AFFIDAVIT  BY THE EMPLOYEE THAT HE IS A MEMBER OF A RECOGNIZED RELIGIOUS
SECT WHICH EMBRACES A LONG-STANDING COMMITMENT OF NON-INVOLVEMENT IN THE
MATTERS  OF  ESTABLISHED  GOVERNMENTAL  PRACTICES.  THEREFORE,   HE   IS
CONSCIENTIOUSLY  OPPOSED  TO ACCEPTANCE OF THE BENEFITS OF ANY PUBLIC OR
PRIVATE INSURANCE WHICH MAKES PAYMENTS IN THE EVENT OF DEATH,  DISABILI-
TY,  OLD  AGE  OR  RETIREMENT  OR  MAKES PAYMENTS TOWARD THE COST OF, OR
PROVIDES SERVICES FOR MEDICAL  BILLS  (INCLUDING  THE  BENEFITS  OF  ANY
INSURANCE  SYSTEM  ESTABLISHED  BY  THE  FEDERAL  SOCIAL SECURITY ACT 42
U.S.C. 301 ET SEQ.).
  2. THE WAIVER AND  AFFIDAVIT  REQUIRED  BY  SUBDIVISION  ONE  OF  THIS
SECTION SHALL BE MADE UPON A FORM TO BE PROVIDED BY THE DEPARTMENT.
  3.  SUCH  APPLICATION  SHALL  BE  GRANTED IF THE DEPARTMENT SHALL FIND
THAT: (A) THE EMPLOYEE IS A MEMBER OF A  SECT  OR  DIVISION  HAVING  THE
ESTABLISHED  TENETS  OR TEACHINGS REFERRED TO IN SUBDIVISION ONE OF THIS
SECTION; AND (B) IT IS THE PRACTICE, AND  HAS  BEEN  FOR  A  SUBSTANTIAL
NUMBER  OF  YEARS,  FOR MEMBERS OF SUCH SECT OR DIVISION THEREOF TO MAKE
PROVISION FOR THEIR DEPENDENT MEMBERS WHICH IN ITS JUDGMENT  IS  REASON-
ABLE  IN  VIEW  OF  THEIR  GENERAL  LEVEL OF LIVING.   RECEIPT OF A FORM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04729-01-9

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