Bill Text: NY S09279 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for the enrollment of a surviving spouse, a surviving domestic partner, a dependent child or children, or any other person entitled to a death benefit in direct deposit for compensation payments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-09 - REFERRED TO LABOR [S09279 Detail]
Download: New_York-2023-S09279-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9279 IN SENATE May 9, 2024 ___________ Introduced by Sen. MAYER -- 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 for the enrollment of certain persons in direct deposit for compen- sation payments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (b) of subdivision 9 of section 25 of 2 the workers' compensation law, as amended by chapter 9 of the laws of 3 2021, are amended and a new paragraph (e) is added to read as follows: 4 (a) Compensation payments shall be required, upon the written request 5 from an injured worker or a person entitled to a death benefit provided 6 by this chapter, to be deposited directly in a bank for any purpose to 7 an account in the name of such injured worker or person entitled to 8 death benefits, and duly filed in accordance with such regulations. Each 9 person eligible to receive payment of compensation or death benefits 10 under this section shall be notified of the option to receive such 11 payment in the form of direct deposit from the carrier or self-insured 12 employer, such notice to be promulgated by the board. Such eligible 13 person shall also be provided the means necessary to enroll in direct 14 deposit pursuant to this paragraph in a manner specified by regulations 15 of the board at the same time as notice is given pursuant to this para- 16 graph. Persons entitled to a death benefit who are eligible to receive 17 compensation payments by direct deposit upon written request pursuant to 18 this subdivision shall include: 19 (i) a surviving spouse; 20 (ii) a surviving domestic partner as defined in section four of this 21 chapter; 22 (iii) a dependent child or children; or 23 (iv) any other person entitled to a death benefit under section 24 sixteen of this article. 25 (b) The board is hereby authorized to promulgate reasonable rules and 26 regulations, as may be necessary, to administer the direct deposit of 27 compensation payments, including payments to a surviving spouse, a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15237-01-4S. 9279 2 1 surviving domestic partner as defined in section four of this chapter, a 2 dependent child or children, or any other person entitled to a death 3 benefit under section sixteen of this article. Such regulations shall 4 permit the deposit of compensation payments to be split between multiple 5 accounts by either a dollar amount or exact percentage, provided, howev- 6 er, such regulations may establish a minimum dollar amount and may limit 7 the maximum number of partial deposits allowed. 8 (e) (i) If an employer or insurance carrier fails to enroll an eligi- 9 ble person in direct deposit within twenty-five days after a request has 10 been made pursuant to paragraph (a) of this subdivision, there shall be, 11 paid by the employer or, if insured, the insurance carrier, a penalty of 12 twenty percent of the compensation due per pay period, which shall 13 accrue for the benefit of the injured worker or such worker's surviving 14 spouse or dependents, and an additional penalty of three hundred 15 dollars. Such penalties shall be paid to such eligible person. 16 (ii) The board may, upon request by an employer or insurer, excuse 17 such employer or insurer from such penalty if such person could not be 18 enrolled in direct deposit due to circumstances outside of the control 19 of such employer or insurer. 20 § 2. This act shall take effect immediately.