Assembly Bill A5931

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5931
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the elder law, in relation to prohibiting  a  diminution
   of certain employee benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The elder law is amended by adding a new article 4 to  read
 as follows:
 
                                ARTICLE IV
                          EMPLOYEE BENEFIT PLANS
 SECTION 401. PROHIBITION AGAINST DIMINUTION OF BENEFITS.
   § 401. PROHIBITION AGAINST DIMINUTION OF BENEFITS. ANY OTHER PROVISION
 OF  ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, AN EMPLOYER SHALL NOT
 DIMINISH THE BENEFITS GRANTED A PARTICIPANT, OR FOR WHICH  SUCH  PARTIC-
 IPANT  IS  ELIGIBLE, UNDER AN EMPLOYEE WELFARE BENEFIT PLAN AS SUCH PLAN
 WAS IN EXISTENCE AT THE TIME OF THE RETIREMENT OF SUCH PARTICIPANT,  AND
 WHICH  APPLIED  TO SUCH PARTICIPANT. ANY REDUCTION IN SUCH PLAN OR BENE-
 FITS TO SUCH PARTICIPANT IS HEREBY DECLARED NULL  AND  VOID  AS  AGAINST
 STATE POLICY. AS USED IN THIS ARTICLE:
   1.  THE  TERMS "EMPLOYEE WELFARE BENEFIT PLAN" AND "WELFARE PLAN" HAVE
 THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SECTION 1002 OF SUBTITLE A
 OF SUBCHAPTER I OF CHAPTER 18 OF USC TITLE 29.
   2. "EMPLOYER" MEANS ANY PERSON ACTING  DIRECTLY  AS  AN  EMPLOYER,  OR
 INDIRECTLY  IN  THE  INTEREST OF AN EMPLOYER, IN RELATION TO AN EMPLOYEE
 BENEFIT PLAN; AND INCLUDES A GROUP OR ASSOCIATION  OF  EMPLOYERS  ACTING
 FOR  AN  EMPLOYER  IN  SUCH CAPACITY. THE TERM EMPLOYER INCLUDES WITHOUT
 RESTRICTION ANY EMPLOYEE ORGANIZATION, AND PUBLIC, PRIVATE, OR  NOT  FOR
 PROFIT ENTITY OR ENTITIES, INDIVIDUAL OR INDIVIDUALS, INCLUDING ENTITIES
 OR  INDIVIDUALS  DOING  BUSINESS  AS,  WHICH ARE ENGAGED IN ANY TRADE OR
 OCCUPATION WHICH EMPLOYS EMPLOYEES IN THIS STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09858-01-9

 A. 5931                             2
 
   3. "EMPLOYEE" MEANS ANY INDIVIDUAL EMPLOYED BY AN EMPLOYER.
   4.  "PARTICIPANT"  MEANS  ANY  FORMER  EMPLOYEE OF AN EMPLOYER, OR ANY
 FORMER MEMBER OF AN EMPLOYEE ORGANIZATION, WHO IS ELIGIBLE TO RECEIVE  A
 BENEFIT  OF  ANY TYPE FROM AN EMPLOYEE WELFARE BENEFIT PLAN WHICH COVERS
 EMPLOYEES OF SUCH EMPLOYER OR MEMBERS OF  SUCH  ORGANIZATION,  OR  WHOSE
 BENEFICIARIES MAY BE ELIGIBLE TO RECEIVE ANY SUCH BENEFIT.
   5.  "EMPLOYEE  ORGANIZATION" MEANS ANY LABOR UNION OR ANY ORGANIZATION
 OF ANY KIND, OR ANY AGENCY OR EMPLOYEE REPRESENTATION COMMITTEE, ASSOCI-
 ATION, GROUP OR PLAN, IN WHICH EMPLOYEES PARTICIPATE  AND  WHICH  EXISTS
 FOR THE PURPOSE, IN WHOLE OR IN PART, OF DEALING WITH EMPLOYERS CONCERN-
 ING  AN  EMPLOYEE  WELFARE  BENEFIT  PLAN OR OTHER MATTERS INCIDENTAL TO
 EMPLOYMENT RELATIONSHIPS;  OR  ANY  EMPLOYEES'  BENEFICIARY  ASSOCIATION
 ORGANIZED  FOR  THE  PURPOSE IN WHOLE OR IN PART, OF ESTABLISHING SUCH A
 PLAN.
   6. "BENEFICIARY" MEANS A PERSON DESIGNATED BY A PARTICIPANT, OR BY THE
 TERMS OF AN EMPLOYEE BENEFIT PLAN, WHO IS OR MAY BECOME  ENTITLED  TO  A
 BENEFIT THEREUNDER.
   7.  "PERSON"  MEANS AN INDIVIDUAL, PARTNERSHIP, JOINT VENTURE, LIMITED
 LIABILITY COMPANY, CORPORATION,  MUTUAL  COMPANY,  JOINT-STOCK  COMPANY,
 TRUST,  ESTATE,  UNINCORPORATED  ORGANIZATION,  ASSOCIATION, OR EMPLOYEE
 ORGANIZATION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.