Bill Text: NY A02128 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the workers' compensation law, in relation to making certain provisions of the disability benefits law applicable to domestic partner and defining the term "domestic partner"

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2010-01-06 - referred to labor [A02128 Detail]

Download: New_York-2009-A02128-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2128
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced  by M. of A. JOHN, NOLAN, GLICK, MILLMAN, BRENNAN, EDDINGTON,
         HOYT -- Multi-Sponsored by -- M. of A.  GOTTFRIED,  V. LOPEZ,  PAULIN,
         PERRY, PHEFFER -- read once and referred to the Committee on Labor
       AN  ACT  to  amend  the workers' compensation law, in relation to making
         certain provisions of the disability benefits law applicable to domes-
         tic partner and defining the term "domestic partner"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 201 of the workers' compensation law is amended by
    2  adding a new subdivision 15 to read as follows:
    3    15. "DOMESTIC PARTNER" MEANS A PERSON AT LEAST EIGHTEEN YEARS  OF  AGE
    4  WHO:
    5    (A)  IS  DEPENDENT  UPON  THE EMPLOYEE FOR SUPPORT, AS SHOWN BY EITHER
    6  UNILATERAL DEPENDENCE OR MUTUAL INTERDEPENDENCE, AS EVIDENCED BY A NEXUS
    7  OF FACTORS INCLUDING, BUT NOT LIMITED TO, COMMON OWNERSHIP  OF  REAL  OR
    8  PERSONAL PROPERTY, COMMON HOUSEHOLDING, SHARED BUDGETING, AND THE LENGTH
    9  OF  THE  PERSONAL  RELATIONSHIP WITH THE EMPLOYEE OR, IF THE EMPLOYEE IS
   10  DECEASED, WAS SO DEPENDENT UPON THE EMPLOYEE IMMEDIATELY  PRIOR  TO  THE
   11  EMPLOYEE'S DEATH; OR
   12    (B)  HAS  REGISTERED  AS THE DOMESTIC PARTNER OF THE EMPLOYEE WITH ANY
   13  REGISTRY OF DOMESTIC PARTNERSHIPS MAINTAINED BY  THE  STATE  OR  BY  ANY
   14  COUNTY,  CITY,  TOWN, OR VILLAGE OR, IF THE EMPLOYEE IS DECEASED, DID SO
   15  REGISTER PRIOR TO THE EMPLOYEE'S DEATH.
   16    "DOMESTIC PARTNER" SHALL NOT,  HOWEVER,  INCLUDE  ANY  PERSON  WHO  IS
   17  RELATED  BY BLOOD TO THE EMPLOYEE IN A MANNER THAT WOULD BAR MARRIAGE TO
   18  THE EMPLOYEE IN NEW YORK STATE.
   19    S 2. Subdivision 5 of section 212 of the workers' compensation law, as
   20  added by chapter 593 of the laws of 1992, is amended to read as follows:
   21    5. A spouse OR DOMESTIC PARTNER  who  is  an  employee  of  a  covered
   22  employer  shall  be  deemed  to be included in the employer's disability
   23  benefits insurance contract or covered by a  certificate  of  self-insu-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04145-01-9
       A. 2128                             2
    1  rance or a plan under section two hundred eleven of this article, unless
    2  the  employer elects to exclude such spouse OR DOMESTIC PARTNER from the
    3  coverage of this article. Such  election  shall  be  made  by  any  such
    4  [employer]  EMPLOYER'S filing with the insurance carrier, or the [chair]
    5  CHAIRPERSON of the workers' compensation board in the case of self-insu-
    6  rance, upon a form prescribed by the [chair] CHAIRPERSON, a notice  that
    7  the  employer elects to exclude such spouse OR DOMESTIC PARTNER named in
    8  the notice from the coverage of this article.  Such  election  shall  be
    9  effective  with  respect to all policies issued to such employer by such
   10  insurance carrier as long as it shall continuously insure the  employer.
   11  Such  election  shall  be  final and binding upon the spouse OR DOMESTIC
   12  PARTNER named in the notice until revoked by the employer.
   13    S 3. Section 236 of the workers' compensation law, as amended by chap-
   14  ter 108 of the laws of 1954, is amended to read as follows:
   15    S 236. Disposition of accrued benefits upon death. If any benefits due
   16  under this article to an employee are unpaid at the time of his  OR  HER
   17  death,  such  benefits  shall be payable to the estate of the individual
   18  or, at the option of the carrier, may be paid to the  surviving  spouse,
   19  DOMESTIC  PARTNER,  parent, child, or children of the deceased employee.
   20  Benefits that are not paid as above provided shall, after the expiration
   21  of one year after such death, be paid into the special fund for disabil-
   22  ity benefits created under section two hundred fourteen of this article.
   23    S 4. This act shall take effect immediately and  shall  be  deemed  to
   24  have  been  in  full  force  and effect on and after September 11, 2001;
   25  provided however, that nothing contained in this act  shall  operate  to
   26  impair  any  existing contract, including, but not limited to, any disa-
   27  bility benefits insurance contracts.