S T A T E O F N E W Y O R K
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1815
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
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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.
LBD06079-01-3
A. 1815 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.