Assembly Actions -
Senate Actions - UPPERCASE
|Jan 08, 2014||
referred to labor
|Jan 23, 2013||
referred to labor
Senate Bill S2693
2013-2014 Legislative Session
Archive: Last Bill Status - In Senate Committee Labor Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2013-S2693 (ACTIVE) - Details
2013-S2693 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2693 TITLE OF BILL: An act to amend the workers' compensation law, in relation to providing an exemption from coverage under certain circum- stances PURPOSE: To provide an exemption from workers' compensation coverage, for those persons conscientiously opposed to acceptance of benefits of any public or private insurance which makes payments on death, disabili- ty, old age, retirement, or cost of services for medical benefits. SUMMARY OF PROVISIONS: The Workers' Compensation Law is amended by adding a new section 126. JUSTIFICATION: Some religious groups, such as old Order Amish, do not take advantage of the program benefits offered under current workers' compensation laws. Programs such as death survivor benefits, disability, retirement, including the cost of medical bills and health care, are not utilized because the tenets or teachings of their sect or religion do not allow for participation in such programs. This legislation would allow for the creation of a waiver form. Once signed by the employee, this waiver would allow for the employer to forgo payments on behalf of this employee into the workers' compensation benefit system. The Federal government recognizes the religious beliefs and practices of the Amish and exempts them from having to contribute to the Social
2013-S2693 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2693 2013-2014 Regular Sessions I N S E N A T E January 23, 2013 ___________ 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 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. LBD06904-01-3
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