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A5428Assembly2019-2020 Session

Religious Sect Workers’ Comp Exemption

Official title

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

Sponsor Andrew GoodellAD-150+1 co-sponsorAffects Economy
Status
In Assembly Committee
Labor
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill allows members of certain religious sects to apply for exemption from workers' compensation coverage for themselves and their employees.

Why it matters

  1. Expands religious freedom in the workplace. by allowing employers and employees from certain religious sects to opt out of mandatory workers' compensation coverage if their beliefs prohibit participation in insurance systems.

  2. Shifts risk and responsibility. for workplace injuries from the state system to the religious community or the individual, which could leave affected workers without standard protections or compensation.

  3. Requires formal waivers and affidavits. , ensuring that employees (or their guardians, if minors) knowingly surrender their rights to workers' compensation benefits, which underscores the importance of informed consent.

  4. Could influence employer-employee relations and business operations. for religious communities, possibly lowering costs for participating employers but raising questions about fairness and worker safety compared to the general population.

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Who cares

  • Employers in qualifying religious sects

    They could apply for exemption from workers’ compensation requirements for employees who belong to the same sect.

  • Likely concerns

    Employees in qualifying religious sects

    They would have to waive all workers’ compensation benefits and submit an affidavit affirming their religious membership and opposition to insurance benefits.

  • Guardians of minor employees

    They could sign the required waiver and affidavit on a minor employee’s behalf.

  • Religious sects seeking exemptions for members

    Approval would depend on their teachings opposing insurance and their longstanding practice of providing for dependent members.

Headline styles

Religious Sect Workers’ Comp Exemption

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Andrew Goodell

Assembly Member · Assembly District 150

1 Co-sponsor

History

  1. Held for consideration in labor
  2. Referred to labor
  3. Referred to labor

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5428

2019-2020 Regular Sessions

IN ASSEMBLY

February 12, 2019

Introduced by M. of A. GOODELL -- read once and referred 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 religious sect

The People of the State of New York, represented in Senate and Assembly, 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 insurance 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 established 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 established governmental practices and is conscientiously opposed to acceptance 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

A. 5428 2

provision for their dependent members which in its judgment is reasonable 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.