Bill Text: NY S02267 | 2009-2010 | General Assembly | Introduced

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Bill Title: Permits an employer to file an application with the department of labor to be exempted from the provisions of the workers' compensation law with respect to employees whose religious tenets or teachings oppose acceptance of any insurance benefits.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LABOR [S02267 Detail]

Download: New_York-2009-S02267-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2267
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 17, 2009
                                      ___________
       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:
    1    Section 1. The workers' compensation law is amended by  adding  a  new
    2  section 126 to read as follows:
    3    S 126. EXEMPTION FROM COVERAGE. 1. AN EMPLOYER MAY FILE AN APPLICATION
    4  WITH  THE  DEPARTMENT TO BE EXEMPTED FROM THE PROVISIONS OF THIS CHAPTER
    5  WITH RESPECT TO CERTAIN EMPLOYEES. THE APPLICATION SHALL INCLUDE A WRIT-
    6  TEN WAIVER BY THE EMPLOYEE OF ALL BENEFITS UNDER  THIS  CHAPTER  AND  AN
    7  AFFIDAVIT  BY THE EMPLOYEE THAT HE IS A MEMBER OF A RECOGNIZED RELIGIOUS
    8  SECT WHICH EMBRACES A LONG-STANDING COMMITMENT OF NON-INVOLVEMENT IN THE
    9  MATTERS  OF  ESTABLISHED  GOVERNMENTAL  PRACTICES.  THEREFORE,   HE   IS
   10  CONSCIENTIOUSLY  OPPOSED  TO ACCEPTANCE OF THE BENEFITS OF ANY PUBLIC OR
   11  PRIVATE INSURANCE WHICH MAKES PAYMENTS IN THE EVENT OF DEATH,  DISABILI-
   12  TY,  OLD  AGE  OR  RETIREMENT  OR  MAKES PAYMENTS TOWARD THE COST OF, OR
   13  PROVIDES SERVICES FOR MEDICAL  BILLS  (INCLUDING  THE  BENEFITS  OF  ANY
   14  INSURANCE  SYSTEM  ESTABLISHED  BY  THE  FEDERAL  SOCIAL SECURITY ACT 42
   15  U.S.C. 301 ET SEQ.).
   16    2. THE WAIVER AND  AFFIDAVIT  REQUIRED  BY  SUBDIVISION  ONE  OF  THIS
   17  SECTION SHALL BE MADE UPON A FORM TO BE PROVIDED BY THE DEPARTMENT.
   18    3.  SUCH  APPLICATION  SHALL  BE  GRANTED IF THE DEPARTMENT SHALL FIND
   19  THAT: (A) THE EMPLOYEE IS A MEMBER OF A  SECT  OR  DIVISION  HAVING  THE
   20  ESTABLISHED  TENETS  OR TEACHINGS REFERRED TO IN SUBDIVISION ONE OF THIS
   21  SECTION; AND (B) IT IS THE PRACTICE, AND  HAS  BEEN  FOR  A  SUBSTANTIAL
   22  NUMBER  OF  YEARS,  FOR MEMBERS OF SUCH SECT OR DIVISION THEREOF TO MAKE
   23  PROVISION FOR THEIR DEPENDENT MEMBERS WHICH IN ITS JUDGMENT  IS  REASON-
   24  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.
                                                                  LBD04729-01-9
       S. 2267                             2
    1  REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL  BE  CONSIDERED  PRIMA
    2  FACIE PROOF THAT THIS SUBDIVISION HAS BEEN COMPLIED WITH.
    3    4.  WHEN  AN EMPLOYEE IS A MINOR, THE WAIVER AND AFFIDAVIT REQUIRED BY
    4  SUBDIVISION ONE OF THIS SECTION MAY BE  MADE  BY  THE  GUARDIAN  OF  THE
    5  MINOR.
    6    5.  AN  EXCEPTION  GRANTED  IN  REGARD TO A SPECIFIC EMPLOYEE SHALL BE
    7  VALID FOR ALL FUTURE YEARS UNLESS SUCH EMPLOYEE OR SECT CEASES  TO  MEET
    8  THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
    9    S 2. This act shall take effect immediately.