S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5428
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   an  exemption  from coverage for certain members of a recognized reli-
   gious sect
 
   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:
   § 126. EXEMPTION FROM COVERAGE. 1. AN EMPLOYER WHO IS A  MEMBER  OF  A
 RECOGNIZED  RELIGIOUS  SECT WHICH EMBRACES A LONG-STANDING COMMITMENT OF
 NON-INVOLVEMENT IN THE MATTERS OF ESTABLISHED GOVERNMENTAL PRACTICES AND
 IS CONSCIENTIOUSLY OPPOSED TO ACCEPTANCE OF ANY PUBLIC OR PRIVATE INSUR-
 ANCE THAT 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 ESTAB-
 LISHED BY THE FEDERAL SOCIAL SECURITY ACT 42 U.S.C. 301 ET  SEQ.)    MAY
 FILE  AN  APPLICATION  WITH  THE  DEPARTMENT  TO  BE  EXEMPTED  FROM THE
 PROVISIONS OF THIS CHAPTER TO THE EXTENT HIS OR HER EMPLOYEES  ARE  FROM
 THE SAME RELIGIOUS SECT.
   2.  THE APPLICATION SHALL INCLUDE A WRITTEN WAIVER BY THE EMPLOYEES OF
 ALL BENEFITS UNDER THIS CHAPTER AND AN AFFIDAVIT BY SUCH  EMPLOYEE  THAT
 HE  OR  SHE  IS A MEMBER OF A RECOGNIZED RELIGIOUS SECT WHICH EMBRACES A
 LONG-STANDING COMMITMENT OF NON-INVOLVEMENT IN  THE  MATTERS  OF  ESTAB-
 LISHED  GOVERNMENTAL PRACTICES AND IS CONSCIENTIOUSLY OPPOSED TO ACCEPT-
 ANCE OF THE BENEFITS OF ANY PUBLIC OR PRIVATE INSURANCE.
   3. SUCH APPLICATION SHALL BE GRANTED  IF  THE  DEPARTMENT  SHALL  FIND
 THAT:  (A)  SUCH  EMPLOYEES ARE MEMBERS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03852-01-9

 A. 5428                             2
 
 PROVISION  FOR  THEIR DEPENDENT MEMBERS WHICH IN ITS JUDGMENT IS REASON-
 ABLE IN VIEW OF THEIR GENERAL LEVEL OF LIVING.
   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.
   § 2. This act shall take effect immediately.