Senate Bill S5329

2015-2016 Legislative Session

Relates to coverage for members of a worker cooperative

download bill text pdf

Sponsored By

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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2015-S5329 (ACTIVE) - Details

See Assembly Version of this Bill:
A3476
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §54, Work Comp L
Versions Introduced in 2017-2018 Legislative Session:
A3384

2015-S5329 (ACTIVE) - Summary

Relates to coverage for members of a worker cooperative.

2015-S5329 (ACTIVE) - Sponsor Memo

2015-S5329 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1. Section 54 of the workers' compensation law is  amended  by
adding a new subdivision 9 to read as follows:
  9.  A. ALL MEMBERS, DIRECTORS AND EXECUTIVE OFFICERS OF A WORKER COOP-
ERATIVE AS DEFINED IN ARTICLE FIVE-A OF THE COOPERATIVE CORPORATION  LAW
SHALL  BE  EXCLUDED  FROM THE COVERAGE OF THIS CHAPTER UNLESS ANY ONE OR
MORE OF THE MEMBERS, DIRECTORS OR EXECUTIVE OFFICERS ELECT OR ELECTS  TO
BE  COVERED.  SUCH  COVERAGE  MAY  BE EFFECTED BY OBTAINING AN INSURANCE
POLICY OR, IN THE CASE OF SELF-INSURANCE, BY THE COOPERATIVE  SUBMITTING
A  FORM  PRESCRIBED  BY  THE  CHAIR  OF THE WORKERS' COMPENSATION BOARD,
GIVING NOTICE THAT THE COOPERATIVE ELECTS TO BRING ONE OR  MORE  OF  THE
MEMBERS,  DIRECTORS  OR  EXECUTIVE OFFICERS OF SUCH COOPERATIVE NAMED IN
THE NOTICE WITHIN THE COVERAGE OF THIS CHAPTER. IF ANY MEMBER,  DIRECTOR
OR  EXECUTIVE OFFICER DOES ELECT TO BE COVERED BY THE PROVISIONS OF THIS
CHAPTER, ANY PREMIUM FOR SUCH  MEMBER,  DIRECTOR  OR  EXECUTIVE  OFFICER
SHALL BE CALCULATED BASED UPON ACTUAL WEEKLY WAGES EARNED BY THE MEMBER,
DIRECTOR  OR  EXECUTIVE  OFFICER AND ANY MINIMUM WEEKLY REMUNERATION FOR
EXECUTIVE OFFICERS OR OTHER MINIMUM AMOUNTS SHALL NOT APPLY.
  B. THE MEMBERS, DIRECTORS AND EXECUTIVE OFFICERS OF A  WORKER  COOPER-
ATIVE  BROUGHT  WITHIN  THE  COVERAGE OF THE INSURANCE CONTRACT, AND THE
DEPENDENTS OF ANY SUCH MEMBER, DIRECTOR OR EXECUTIVE OFFICER SHALL  HAVE
THE  SAME RIGHTS AND REMEDIES AS AN EMPLOYEE OR HIS DEPENDENTS AND SHALL
BE ENTITLED TO COMPENSATION AND MEDICAL CARE AS PROVIDED BY THIS CHAPTER
AND THE INSURANCE CARRIER SHALL BE LIABLE THEREFOR AND FOR PAYMENTS INTO
SPECIAL FUNDS PROVIDED IN THIS CHAPTER AS IN THE CASE OF AN EMPLOYEE.
  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

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