Bill Text: NY S01571 | 2009-2010 | General Assembly | Amended

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Bill Title: Provides that an employer shall not diminish the benefits granted a participant, or for which such participant is eligible, under an employer welfare benefit plan as such plan was in existence at the time of the retirement of such participant; defines terms.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2010-06-01 - REPORTED AND COMMITTED TO FINANCE [S01571 Detail]

Download: New_York-2009-S01571-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1571--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 3, 2009
                                      ___________
       Introduced  by  Sens.  GOLDEN,  ALESI,  BONACIC,  DeFRANCISCO, FLANAGAN,
         LAVALLE, MAZIARZ, MORAHAN, PADAVAN, VOLKER -- read twice  and  ordered
         printed, and when printed to be committed to the Committee on Aging --
         recommitted  to  the Committee on Aging in accordance with Senate Rule
         6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
         amended and recommitted to said committee
       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:
    1    Section  1. The elder law is amended by adding a new article 4 to read
    2  as follows:
    3                                  ARTICLE 4
    4                            EMPLOYEE BENEFIT PLANS
    5  SECTION 401. PROHIBITION AGAINST DIMINUTION OF BENEFITS.
    6    S 401. PROHIBITION AGAINST DIMINUTION OF BENEFITS. ANY OTHER PROVISION
    7  OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, AN EMPLOYER SHALL  NOT
    8  DIMINISH  THE  BENEFITS GRANTED A PARTICIPANT, OR FOR WHICH SUCH PARTIC-
    9  IPANT IS ELIGIBLE, UNDER AN EMPLOYEE WELFARE BENEFIT PLAN AS  SUCH  PLAN
   10  WAS  IN EXISTENCE AT THE TIME OF THE RETIREMENT OF SUCH PARTICIPANT, AND
   11  WHICH APPLIED TO SUCH PARTICIPANT. ANY REDUCTION IN SUCH PLAN  OR  BENE-
   12  FITS  TO  SUCH  PARTICIPANT  IS HEREBY DECLARED NULL AND VOID AS AGAINST
   13  STATE POLICY. AS USED IN THIS ARTICLE:
   14    1. THE TERMS "EMPLOYEE WELFARE BENEFIT PLAN" AND "WELFARE  PLAN"  HAVE
   15  THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SECTION 1002 OF SUBTITLE A
   16  OF SUBCHAPTER I OF CHAPTER 18 OF USC TITLE 29.
   17    2.  "EMPLOYER"  MEANS  ANY  PERSON  ACTING DIRECTLY AS AN EMPLOYER, OR
   18  INDIRECTLY IN THE INTEREST OF AN EMPLOYER, IN RELATION  TO  AN  EMPLOYEE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06343-03-0
       S. 1571--A                          2
    1  BENEFIT  PLAN;  AND  INCLUDES A GROUP OR ASSOCIATION OF EMPLOYERS ACTING
    2  FOR AN EMPLOYER IN SUCH CAPACITY. THE  TERM  EMPLOYER  INCLUDES  WITHOUT
    3  RESTRICTION  ANY  EMPLOYEE ORGANIZATION, AND PUBLIC, PRIVATE, OR NOT FOR
    4  PROFIT ENTITY OR ENTITIES, INDIVIDUAL OR INDIVIDUALS, INCLUDING ENTITIES
    5  OR  INDIVIDUALS  DOING  BUSINESS  AS,  WHICH ARE ENGAGED IN ANY TRADE OR
    6  OCCUPATION WHICH EMPLOYS EMPLOYEES IN THIS STATE.
    7    3. "EMPLOYEE" MEANS ANY INDIVIDUAL EMPLOYED BY AN EMPLOYER.
    8    4. "PARTICIPANT" MEANS ANY FORMER EMPLOYEE  OF  AN  EMPLOYER,  OR  ANY
    9  FORMER  MEMBER OF AN EMPLOYEE ORGANIZATION, WHO IS ELIGIBLE TO RECEIVE A
   10  BENEFIT OF ANY TYPE FROM AN EMPLOYEE WELFARE BENEFIT PLAN  WHICH  COVERS
   11  EMPLOYEES  OF  SUCH  EMPLOYER  OR MEMBERS OF SUCH ORGANIZATION, OR WHOSE
   12  BENEFICIARIES MAY BE ELIGIBLE TO RECEIVE ANY SUCH BENEFIT.
   13    5. "EMPLOYEE ORGANIZATION" MEANS ANY LABOR UNION OR  ANY  ORGANIZATION
   14  OF ANY KIND, OR ANY AGENCY OR EMPLOYEE REPRESENTATION COMMITTEE, ASSOCI-
   15  ATION,  GROUP  OR  PLAN, IN WHICH EMPLOYEES PARTICIPATE AND WHICH EXISTS
   16  FOR THE PURPOSE, IN WHOLE OR IN PART, OF DEALING WITH EMPLOYERS CONCERN-
   17  ING AN EMPLOYEE WELFARE BENEFIT PLAN  OR  OTHER  MATTERS  INCIDENTAL  TO
   18  EMPLOYMENT  RELATIONSHIPS;  OR  ANY  EMPLOYEES'  BENEFICIARY ASSOCIATION
   19  ORGANIZED FOR THE PURPOSE IN WHOLE OR IN PART, OF  ESTABLISHING  SUCH  A
   20  PLAN.
   21    6. "BENEFICIARY" MEANS A PERSON DESIGNATED BY A PARTICIPANT, OR BY THE
   22  TERMS  OF  AN  EMPLOYEE BENEFIT PLAN, WHO IS OR MAY BECOME ENTITLED TO A
   23  BENEFIT THEREUNDER.
   24    7. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP,  JOINT  VENTURE,  CORPO-
   25  RATION,  MUTUAL  COMPANY, JOINT-STOCK COMPANY, TRUST, ESTATE, UNINCORPO-
   26  RATED ORGANIZATION, ASSOCIATION, OR EMPLOYEE ORGANIZATION.
   27    S 2. This act shall take effect on the ninetieth day  after  it  shall
   28  have become a law.