S T A T E O F N E W Y O R K
________________________________________________________________________
6081
2011-2012 Regular Sessions
I N A S S E M B L Y
March 4, 2011
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Introduced by M. of A. GOODELL, KATZ -- Multi-Sponsored by -- M. of A.
CROUCH -- read once and referred 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 OR SHE IS A MEMBER OF A RECOGNIZED
RELIGIOUS SECT WHICH EMBRACES A LONG-STANDING COMMITMENT OF NON-INVOLVE-
MENT IN THE MATTERS OF ESTABLISHED GOVERNMENTAL PRACTICES. THEREFORE, HE
OR SHE IS CONSCIENTIOUSLY OPPOSED TO ACCEPTANCE OF THE BENEFITS OF ANY
PUBLIC OR PRIVATE INSURANCE WHICH MAKES PAYMENTS IN THE EVENT OF DEATH,
DISABILITY, 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.
LBD02497-01-1
A. 6081 2
REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL BE CONSIDERED PRIMA
FACIE PROOF THAT THIS SUBDIVISION HAS BEEN COMPLIED WITH.
4. WHEN AN EMPLOYEE IS A MINOR, THE WAIVER AND AFFIDAVIT REQUIRED BY
SUBDIVISION ONE OF THIS SECTION MAY BE MADE BY THE GUARDIAN OF THE
MINOR.
5. AN EXCEPTION GRANTED IN REGARD TO A SPECIFIC EMPLOYEE SHALL BE
VALID FOR ALL FUTURE YEARS UNLESS SUCH EMPLOYEE OR SECT CEASES TO MEET
THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
S 2. This act shall take effect immediately.