S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5329
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 13, 2015
                                      ___________
       Introduced  by  Sen.  ORTT  --  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  coverage
         for members of the worker cooperative
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 54 of the workers' compensation law is  amended  by
    2  adding a new subdivision 9 to read as follows:
    3    9.  A. ALL MEMBERS, DIRECTORS AND EXECUTIVE OFFICERS OF A WORKER COOP-
    4  ERATIVE AS DEFINED IN ARTICLE FIVE-A OF THE COOPERATIVE CORPORATION  LAW
    5  SHALL  BE  EXCLUDED  FROM THE COVERAGE OF THIS CHAPTER UNLESS ANY ONE OR
    6  MORE OF THE MEMBERS, DIRECTORS OR EXECUTIVE OFFICERS ELECT OR ELECTS  TO
    7  BE  COVERED.  SUCH  COVERAGE  MAY  BE EFFECTED BY OBTAINING AN INSURANCE
    8  POLICY OR, IN THE CASE OF SELF-INSURANCE, BY THE COOPERATIVE  SUBMITTING
    9  A  FORM  PRESCRIBED  BY  THE  CHAIR  OF THE WORKERS' COMPENSATION BOARD,
   10  GIVING NOTICE THAT THE COOPERATIVE ELECTS TO BRING ONE OR  MORE  OF  THE
   11  MEMBERS,  DIRECTORS  OR  EXECUTIVE OFFICERS OF SUCH COOPERATIVE NAMED IN
   12  THE NOTICE WITHIN THE COVERAGE OF THIS CHAPTER. IF ANY MEMBER,  DIRECTOR
   13  OR  EXECUTIVE OFFICER DOES ELECT TO BE COVERED BY THE PROVISIONS OF THIS
   14  CHAPTER, ANY PREMIUM FOR SUCH  MEMBER,  DIRECTOR  OR  EXECUTIVE  OFFICER
   15  SHALL BE CALCULATED BASED UPON ACTUAL WEEKLY WAGES EARNED BY THE MEMBER,
   16  DIRECTOR  OR  EXECUTIVE  OFFICER AND ANY MINIMUM WEEKLY REMUNERATION FOR
   17  EXECUTIVE OFFICERS OR OTHER MINIMUM AMOUNTS SHALL NOT APPLY.
   18    B. THE MEMBERS, DIRECTORS AND EXECUTIVE OFFICERS OF A  WORKER  COOPER-
   19  ATIVE  BROUGHT  WITHIN  THE  COVERAGE OF THE INSURANCE CONTRACT, AND THE
   20  DEPENDENTS OF ANY SUCH MEMBER, DIRECTOR OR EXECUTIVE OFFICER SHALL  HAVE
   21  THE  SAME RIGHTS AND REMEDIES AS AN EMPLOYEE OR HIS DEPENDENTS AND SHALL
   22  BE ENTITLED TO COMPENSATION AND MEDICAL CARE AS PROVIDED BY THIS CHAPTER
   23  AND THE INSURANCE CARRIER SHALL BE LIABLE THEREFOR AND FOR PAYMENTS INTO
   24  SPECIAL FUNDS PROVIDED IN THIS CHAPTER AS IN THE CASE OF AN EMPLOYEE.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07756-01-5