S07685 Summary:

Add S4, Work Comp L
Makes domestic partners of persons dying, without surviving spouses, as a result of the terrorist attacks of 9/11/01 eligible for the workers' compensation death benefits, including funeral expenses, otherwise due a surviving spouse; defines "domestic partner" broadly.
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S07685 Actions:

06/20/2002referred to ways and means
06/25/2002substituted for a11307
06/25/2002ordered to third reading rules cal.1322
06/25/2002passed assembly
06/25/2002returned to senate
08/20/2002SIGNED CHAP.467
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S07685 Memo:

Memo not available
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S07685 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      June 17, 2002
        Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
        AN ACT to amend the workers' compensation law,  in  relation  to  making
          death  benefits available to domestic partners of persons who perished
          as a result of the terrorist attacks of September eleventh, two  thou-
          sand one

          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 4 to read as follows:
     3    §  4.  Special  applicability;  domestic  partners; surviving domestic
     4  partners; death benefits; funeral expenses; terrorist attacks of Septem-
     5  ber eleventh, two thousand one; construction. 1. Definition.   "Domestic
     6  partner" means a person at least eighteen years of age who:
     7    (a)  is  dependent  upon  the  employee for support as shown by either
     8  unilateral dependence or mutual interdependence, as evidenced by a nexus
     9  of factors including, but not limited to, common ownership  of  real  or

    10  personal  property,  common  householding,  children in common, signs of
    11  intent to marry, shared  budgeting,  and  the  length  of  the  personal
    12  relationship  with  the employee or, if the employee is deceased, was so
    13  dependent upon the employee immediately prior to the  employee's  death;
    14  or
    15    (b)  has  registered  as the domestic partner of the employee with any
    16  registry of domestic partnerships maintained by the employer  of  either
    17  party,  the  state,  or  any  county, city, town, or village, or, if the
    18  employee is deceased, did so register prior to the employee's death.
    19    (c) For the purposes of this section, the definition of domestic part-
    20  ner made by this subdivision shall supplement or  supersede  any  incon-

    21  sistent  definition of such term by any other general, special, or local
    22  law, ordinance, code, or charter so  that  no  person  qualifying  as  a
    23  domestic  partner, as defined in this subdivision, whether registered or
    24  unregistered, shall, for the purposes of this section, be deemed not  to
    25  be a domestic partner.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7685                             2
     1    (d)  For  the  purposes  of  this section, the term "domestic partner"
     2  shall include the term "surviving domestic partner".

     3    Provided  however, "domestic partner" shall not include any person who
     4  is related by blood to the employee in a manner that would bar  marriage
     5  to the employee in New York state.
     6    2.  Death benefits. The domestic partner, at the time of the death, of
     7  any employee shall, if such employee had no spouse at the time of his or
     8  her death, be deemed to be the surviving spouse of such employee for the
     9  purposes of any death benefit, including  but  not  limited  to  funeral
    10  expenses,  to  which a surviving spouse would be entitled upon the death
    11  of such employee, and any and all such benefits shall be  paid  to  such
    12  domestic partner.
    13    3.  Applicability.  The provisions of this section apply only to cases

    14  in which the employee's death occurred as  a  result  of  the  terrorist
    15  attacks that occurred on September eleven, two thousand one.
    16    4.  Construction.  (a)  The  definition of the term "domestic partner"
    17  made by subdivision one of this section shall not be construed to be  an
    18  exclusive definition.
    19    (b) The enactment of this section shall not be construed to divest any
    20  court  of  any  authority  such court may otherwise have to adjudicate a
    21  person a domestic partner on the basis of any criteria other than  those
    22  specified in subdivision one of this section, whether such person has or
    23  has not registered as a domestic partner.
    24    §  2.  This  act  shall take effect immediately and shall be deemed to

    25  have been in full force and effect on and after September 10, 2001.
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