Bill Text: NY S09279 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for the enrollment of a surviving spouse, a surviving domestic partner, a dependent child or children, or any other person entitled to a death benefit in direct deposit for compensation payments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-09 - REFERRED TO LABOR [S09279 Detail]

Download: New_York-2023-S09279-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9279

                    IN SENATE

                                       May 9, 2024
                                       ___________

        Introduced  by  Sen.  MAYER  -- 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
          for  the  enrollment  of certain persons in direct deposit for compen-
          sation payments

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs  (a) and (b) of subdivision 9 of section 25 of
     2  the workers' compensation law, as amended by chapter 9 of  the  laws  of
     3  2021, are amended and a new paragraph (e) is added to read as follows:
     4    (a)  Compensation payments shall be required, upon the written request
     5  from an injured worker or a person entitled to a death benefit  provided
     6  by  this  chapter, to be deposited directly in a bank for any purpose to
     7  an account in the name of such injured  worker  or  person  entitled  to
     8  death benefits, and duly filed in accordance with such regulations. Each
     9  person  eligible  to  receive  payment of compensation or death benefits
    10  under this section shall be notified  of  the  option  to  receive  such
    11  payment  in  the form of direct deposit from the carrier or self-insured
    12  employer, such notice to be promulgated  by  the  board.  Such  eligible
    13  person  shall  also  be provided the means necessary to enroll in direct
    14  deposit pursuant to this paragraph in a manner specified by  regulations
    15  of  the board at the same time as notice is given pursuant to this para-
    16  graph. Persons entitled to a death benefit who are eligible  to  receive
    17  compensation payments by direct deposit upon written request pursuant to
    18  this subdivision shall include:
    19    (i) a surviving spouse;
    20    (ii)  a  surviving domestic partner as defined in section four of this
    21  chapter;
    22    (iii) a dependent child or children; or
    23    (iv) any other person  entitled  to  a  death  benefit  under  section
    24  sixteen of this article.
    25    (b)  The board is hereby authorized to promulgate reasonable rules and
    26  regulations, as may be necessary, to administer the  direct  deposit  of
    27  compensation  payments,  including  payments  to  a  surviving spouse, a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15237-01-4
        S. 9279                             2

     1  surviving domestic partner as defined in section four of this chapter, a
     2  dependent child or children, or any other person  entitled  to  a  death
     3  benefit  under  section  sixteen of this article. Such regulations shall
     4  permit the deposit of compensation payments to be split between multiple
     5  accounts by either a dollar amount or exact percentage, provided, howev-
     6  er, such regulations may establish a minimum dollar amount and may limit
     7  the maximum number of partial deposits allowed.
     8    (e)  (i) If an employer or insurance carrier fails to enroll an eligi-
     9  ble person in direct deposit within twenty-five days after a request has
    10  been made pursuant to paragraph (a) of this subdivision, there shall be,
    11  paid by the employer or, if insured, the insurance carrier, a penalty of
    12  twenty percent of the compensation  due  per  pay  period,  which  shall
    13  accrue  for the benefit of the injured worker or such worker's surviving
    14  spouse or  dependents,  and  an  additional  penalty  of  three  hundred
    15  dollars. Such penalties shall be paid to such eligible person.
    16    (ii)  The  board  may,  upon request by an employer or insurer, excuse
    17  such employer or insurer from such penalty if such person could  not  be
    18  enrolled  in  direct deposit due to circumstances outside of the control
    19  of such employer or insurer.
    20    § 2. This act shall take effect immediately.