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.
STATE OF NEW YORK
________________________________________________________________________
1002
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
___________
Introduced by Sens. YOUNG, HELMING -- 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 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.
LBD03852-01-9
S. 1002 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.
