Senate Bill S5196

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

                                  5196

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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  making
  certain provisions of the disability benefits law applicable to domes-
  tic partner and defining the term "domestic partner"

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

  Section 1. Section 201 of the workers' compensation law is amended  by
adding a new subdivision 15 to read as follows:
  15.  "DOMESTIC  PARTNER" MEANS A PERSON AT LEAST EIGHTEEN YEARS OF AGE
WHO:
  (A) IS DEPENDENT UPON THE EMPLOYEE FOR SUPPORT,  AS  SHOWN  BY  EITHER
UNILATERAL DEPENDENCE OR MUTUAL INTERDEPENDENCE, AS EVIDENCED BY A NEXUS
OF  FACTORS  INCLUDING,  BUT NOT LIMITED TO, COMMON OWNERSHIP OF REAL OR
PERSONAL PROPERTY, COMMON HOUSEHOLDING, SHARED BUDGETING, AND THE LENGTH
OF THE PERSONAL RELATIONSHIP WITH THE EMPLOYEE OR, IF  THE  EMPLOYEE  IS
DECEASED,  WAS  SO  DEPENDENT UPON THE EMPLOYEE IMMEDIATELY PRIOR TO THE
EMPLOYEE'S DEATH; OR
  (B) HAS REGISTERED AS THE DOMESTIC PARTNER OF THE  EMPLOYEE  WITH  ANY
REGISTRY  OF  DOMESTIC  PARTNERSHIPS  MAINTAINED  BY THE STATE OR BY ANY
COUNTY, CITY, TOWN, OR VILLAGE OR, IF THE EMPLOYEE IS DECEASED,  DID  SO
REGISTER PRIOR TO THE EMPLOYEE'S DEATH.
  "DOMESTIC  PARTNER"  SHALL  NOT,  HOWEVER,  INCLUDE  ANY PERSON WHO IS
RELATED BY BLOOD TO THE EMPLOYEE IN A MANNER THAT WOULD BAR MARRIAGE  TO
THE EMPLOYEE IN NEW YORK STATE.
  S 2. Subdivision 5 of section 212 of the workers' compensation law, as
added by chapter 593 of the laws of 1992, is amended to read as follows:
  5.  A  spouse  OR  DOMESTIC  PARTNER  who  is an employee of a covered
employer shall be deemed to be included  in  the  employer's  disability
benefits  insurance  contract  or covered by a certificate of self-insu-
rance or a plan under section two hundred eleven of this article, unless

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04145-01-9
              

S. 5196                             2

the employer elects to exclude such spouse OR DOMESTIC PARTNER from  the
coverage  of  this  article.  Such  election  shall  be made by any such
[employer] EMPLOYER'S filing with the insurance carrier, or the  [chair]
CHAIRPERSON of the workers' compensation board in the case of self-insu-
rance,  upon a form prescribed by the [chair] CHAIRPERSON, a notice that
the employer elects to exclude such spouse OR DOMESTIC PARTNER named  in
the  notice  from  the  coverage of this article. Such election shall be
effective with respect to all policies issued to such employer  by  such
insurance  carrier as long as it shall continuously insure the employer.
Such election shall be final and binding upon  the  spouse  OR  DOMESTIC
PARTNER named in the notice until revoked by the employer.
  S 3. Section 236 of the workers' compensation law, as amended by chap-
ter 108 of the laws of 1954, is amended to read as follows:
  S 236. Disposition of accrued benefits upon death. If any benefits due
under  this  article to an employee are unpaid at the time of his OR HER
death, such benefits shall be payable to the estate  of  the  individual
or,  at  the option of the carrier, may be paid to the surviving spouse,
DOMESTIC PARTNER, parent, child, or children of the  deceased  employee.
Benefits that are not paid as above provided shall, after the expiration
of one year after such death, be paid into the special fund for disabil-
ity benefits created under section two hundred fourteen of this article.
  S  4.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on  and  after  September  11,  2001;
provided  however,  that  nothing contained in this act shall operate to
impair any existing contract, including, but not limited to,  any  disa-
bility benefits insurance contracts.