Assembly Bill A5103

2015-2016 Legislative Session

Provides an exemption from workers' compensation coverage under certain circumstances

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A5103 (ACTIVE) - Details

See Senate Version of this Bill:
S1989
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Add ยง126, Work Comp L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2057, S2267
2011-2012: A6081, S852
2013-2014: A5657, S2693
2017-2018: A6624, S847
2019-2020: A5428, S1002
2021-2022: A4899
2023-2024: A1815

2015-A5103 (ACTIVE) - Summary

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.

2015-A5103 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5103

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

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 under certain circumstances

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The workers' compensation law is amended by  adding  a  new
section 126 to read as follows:
  S 126. EXEMPTION FROM COVERAGE. 1. AN EMPLOYER MAY FILE AN APPLICATION
WITH  THE  DEPARTMENT TO BE EXEMPTED FROM THE PROVISIONS OF THIS CHAPTER
WITH RESPECT TO CERTAIN EMPLOYEES. THE APPLICATION SHALL INCLUDE A WRIT-
TEN WAIVER BY THE EMPLOYEE OF ALL BENEFITS UNDER  THIS  CHAPTER  AND  AN
AFFIDAVIT  BY  THE  EMPLOYEE  THAT HE OR SHE IS A MEMBER OF A RECOGNIZED
RELIGIOUS SECT WHICH EMBRACES A LONG-STANDING COMMITMENT OF NON-INVOLVE-
MENT IN THE MATTERS OF ESTABLISHED GOVERNMENTAL PRACTICES. THEREFORE, HE
OR SHE IS CONSCIENTIOUSLY OPPOSED TO ACCEPTANCE OF THE BENEFITS  OF  ANY
PUBLIC  OR PRIVATE INSURANCE WHICH MAKES PAYMENTS IN THE EVENT OF DEATH,
DISABILITY, OLD AGE OR RETIREMENT OR MAKES PAYMENTS TOWARD THE COST  OF,
OR  PROVIDES  SERVICES  FOR MEDICAL BILLS (INCLUDING THE BENEFITS OF ANY
INSURANCE SYSTEM ESTABLISHED BY  THE  FEDERAL  SOCIAL  SECURITY  ACT  42
U.S.C. 301 ET SEQ.).
  2.  THE  WAIVER  AND  AFFIDAVIT  REQUIRED  BY  SUBDIVISION ONE OF THIS
SECTION SHALL BE MADE UPON A FORM TO BE PROVIDED BY THE DEPARTMENT.
  3. SUCH APPLICATION SHALL BE GRANTED  IF  THE  DEPARTMENT  SHALL  FIND
THAT:  (A)  THE  EMPLOYEE  IS  A MEMBER OF A SECT OR DIVISION HAVING THE
ESTABLISHED TENETS OR TEACHINGS REFERRED TO IN SUBDIVISION ONE  OF  THIS
SECTION;  AND  (B)  IT  IS  THE PRACTICE, AND HAS BEEN FOR A SUBSTANTIAL
NUMBER OF YEARS, FOR MEMBERS OF SUCH SECT OR DIVISION  THEREOF  TO  MAKE
PROVISION  FOR  THEIR DEPENDENT MEMBERS WHICH IN ITS JUDGMENT IS REASON-
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.
                                                           LBD06025-01-5

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