Permits an employer who is a member of a recognized religious sect to file an application with the department of labor to be exempted from the provisions of the workers' compensation law with respect to employees who are members of the same recognized religious sect whose religious tenets or teachings oppose acceptance of any insurance benefits.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1815
SPONSOR: Goodell TITLE OF BILL:
An act to amend the workers' compensation law, in relation to providing
an exemption from coverage for certain members of a recognized religious
sect
PURPOSE:
To provide an exemption from workers' compensation coverage, for those
persons conscientiously opposed to acceptance of benefits of any public
or private insurance which makes payments on death, disability, old age,
retirement, or cost of services for medical benefits.
SUMMARY OF PROVISIONS:
The Workers' Compensation Law is amended by adding a new section 126.
JUSTIFICATION:
Some religious groups, such as old Order Amish, do not take advantage of
the program benefits offered under current workers' compensation laws.
Programs such as death survivor benefits, disability, retirement,
including the cost of medical bills and health care, are not utilized
because the tenets or teachings of their sect or religion do not allow
for participation in such programs. This legislation would allow for the
creation of a waiver form. Once signed by the employee, this waiver
would allow for the employer to forgo payments on behalf of this employ-
ee into the workers' compensation benefit system. The Federal government
recognizes the religious beliefs and practices of the Amish and exempts
them from having to contribute to the Social Security Fund. The State of
Pennsylvania also recognizes the freedom of religious practice of the
Amish and enacted legislation in 1978 to allow them to be exempt from
workers' compensation payments. By their beliefs and practice, Old Order
Amish, do not participate in government programs, but rather take care
of their own. This legislation would recognize and respect the beliefs
of the Amish community by allowing them to be exempt from a program in
which they would never participate.
LEGISLATIVE HISTORY:
A.6081 2012 - Held for consideration in Labor
A.5657 2013/2014 - Held for consideration in Labor
A.5103 2015/2016 - Held for consideration in Labor
A.6624-A 2017/2018 - Held for consideration in Labor
A.5428 2019/2020 - Held for consideration in Labor
A.4899 2021/2022 - Held for consideration in Labor
FISCAL IMPLICATIONS:
This legislation would be revenue neutral. Persons applying for this
exemption would not collect benefits and therefore would not pay into
the fund.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
1815
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
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:
1 Section 1. The workers' compensation law is amended by adding a new
2 section 126 to read as follows:
3 § 126. Exemption from coverage. 1. An employer who is a member of a
4 recognized religious sect which embraces a long-standing commitment of
5 non-involvement in the matters of established governmental practices and
6 is conscientiously opposed to acceptance of any public or private insur-
7 ance that makes payments in the event of death, disability, old age or
8 retirement or makes payments toward the cost of or provides services for
9 medical bills (including the benefits of any insurance system estab-
10 lished by the Federal Social Security Act 42 U.S.C. 301 et seq.) may
11 file an application with the department to be exempted from the
12 provisions of this chapter to the extent his or her employees are from
13 the same religious sect.
14 2. The application shall include a written waiver by the employees of
15 all benefits under this chapter and an affidavit by such employee that
16 he or she is a member of a recognized religious sect which embraces a
17 long-standing commitment of non-involvement in the matters of estab-
18 lished governmental practices and is conscientiously opposed to accept-
19 ance of the benefits of any public or private insurance.
20 3. Such application shall be granted if the department shall find
21 that: (a) such employees are members of a sect or division having the
22 established tenets or teachings referred to in subdivision one of this
23 section; and (b) it is the practice, and has been for a substantial
24 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
1 provision for their dependent members which in its judgment is reason-
2 able in view of their general level of living.
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 § 2. This act shall take effect immediately.
