NY State Senate Bill 2019-S1002

Senate Bill S1002

2019-2020 Legislative Session

Provides an exemption from workers' compensation coverage for certain members of a recognized religious sect

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Archive: Last Bill Status - In Senate Committee Labor 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2019	referred to labor

co-Sponsors

2019-S1002 (ACTIVE) - Details

See Assembly Version of this Bill:: A5428
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Add §126, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2267, A2057
2011-2012: S852, A6081
2013-2014: S2693, A5657
2015-2016: S1989, A5103
2017-2018: S847, A6624
2021-2022: A4899
2023-2024: A1815

2019-S1002 (ACTIVE) - Summary

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.

2019-S1002 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1002

SPONSOR: YOUNG
 
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:

Provides an exemption from workers' compensation coverage for certain
members of a recognized religious sect.

 
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 Secu-
rity 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 allow-
ing them to be exempt from a program in which they would never partic-
ipate.

 
LEGISLATIVE HISTORY:

2018: S.847-A/A.6624-A Referred to Labor
2017: S.847-A/A.6624-A Passed Senate
2015,2016: S.1989/A.2693 Passed Senate
2013,2014:  S.2693/A.5657 Referred to Labor
2011,2012: S.852/A.6081 Referred to Labor
2009,2010: S.2267/A.2057 Referred to Labor
2007,2008: S.413/A.2585 Referred to Labor
2006: S.7780/A.688 Referred to 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.

2019-S1002 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1002
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section  1.  The  workers' compensation law is amended by adding a new
 section 126 to read as follows:
   § 126. EXEMPTION FROM COVERAGE. 1. AN EMPLOYER WHO IS A  MEMBER  OF  A
 RECOGNIZED  RELIGIOUS  SECT WHICH EMBRACES A LONG-STANDING COMMITMENT OF
 NON-INVOLVEMENT IN THE MATTERS OF ESTABLISHED GOVERNMENTAL PRACTICES AND
 IS CONSCIENTIOUSLY OPPOSED TO ACCEPTANCE OF ANY PUBLIC OR PRIVATE INSUR-
 ANCE THAT 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 ESTAB-
 LISHED BY THE FEDERAL SOCIAL SECURITY ACT 42 U.S.C. 301 ET  SEQ.)    MAY
 FILE  AN  APPLICATION  WITH  THE  DEPARTMENT  TO  BE  EXEMPTED  FROM THE
 PROVISIONS OF THIS CHAPTER TO THE EXTENT HIS OR HER EMPLOYEES  ARE  FROM
 THE SAME RELIGIOUS SECT.
   2.  THE APPLICATION SHALL INCLUDE A WRITTEN WAIVER BY THE EMPLOYEES OF
 ALL BENEFITS UNDER THIS CHAPTER AND AN AFFIDAVIT BY SUCH  EMPLOYEE  THAT
 HE  OR  SHE  IS A MEMBER OF A RECOGNIZED RELIGIOUS SECT WHICH EMBRACES A
 LONG-STANDING COMMITMENT OF NON-INVOLVEMENT IN  THE  MATTERS  OF  ESTAB-
 LISHED  GOVERNMENTAL PRACTICES AND IS CONSCIENTIOUSLY OPPOSED TO ACCEPT-
 ANCE OF THE BENEFITS OF ANY PUBLIC OR PRIVATE INSURANCE.
   3. SUCH APPLICATION SHALL BE GRANTED  IF  THE  DEPARTMENT  SHALL  FIND
 THAT:  (A)  SUCH  EMPLOYEES ARE MEMBERS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03852-01-9

 S. 1002                             2
 
 PROVISION  FOR  THEIR DEPENDENT MEMBERS WHICH IN ITS JUDGMENT IS REASON-
 ABLE IN VIEW OF THEIR GENERAL LEVEL OF LIVING.
   4.  WHEN  AN EMPLOYEE IS A MINOR, THE WAIVER AND AFFIDAVIT REQUIRED BY
 SUBDIVISION ONE OF THIS SECTION MAY BE  MADE  BY  THE  GUARDIAN  OF  THE
 MINOR.
   5.  AN  EXCEPTION  GRANTED  IN  REGARD TO A SPECIFIC EMPLOYEE SHALL BE
 VALID FOR ALL FUTURE YEARS UNLESS SUCH EMPLOYEE OR SECT CEASES  TO  MEET
 THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately.

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Senate Bill S1002

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Sponsored By

Catharine Young