A02057 Summary:

Add S126, Work Comp L
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.
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A02057 Actions:

01/15/2009referred to labor
01/06/2010referred to labor
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A02057 Floor Votes:

There are no votes for this bill in this legislative session.
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A02057 Text:

                STATE OF NEW YORK
                               2009-2010 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2009
        Introduced  by M. of A. PARMENT -- 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 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    § 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.

        A. 2057                             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    § 2. This act shall take effect immediately.
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