Bill Text: NY A05931 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Provides that an employer shall not diminish the benefits granted a participant, or for which such participant is eligible, under an employer welfare benefit plan as such plan was in existence at the time of the retirement of such participant; defines terms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental employees [A05931 Detail]

Download: New_York-2019-A05931-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5931
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Governmental Employees
        AN ACT to amend the elder law, in relation to prohibiting  a  diminution
          of certain employee benefits
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The elder law is amended by adding a new article 4 to  read
     2  as follows:
     3                                 ARTICLE IV
     4                           EMPLOYEE BENEFIT PLANS
     5  Section 401. Prohibition against diminution of benefits.
     6    § 401. Prohibition against diminution of benefits. Any other provision
     7  of  any other law to the contrary notwithstanding, an employer shall not
     8  diminish the benefits granted a participant, or for which  such  partic-
     9  ipant  is  eligible, under an employee welfare benefit plan as such plan
    10  was in existence at the time of the retirement of such participant,  and
    11  which  applied  to such participant. Any reduction in such plan or bene-
    12  fits to such participant is hereby declared null  and  void  as  against
    13  state policy. As used in this article:
    14    1.  The  terms "employee welfare benefit plan" and "welfare plan" have
    15  the same meaning as such terms are defined in section 1002 of subtitle A
    16  of Subchapter I of Chapter 18 of USC title 29.
    17    2. "Employer" means any person acting  directly  as  an  employer,  or
    18  indirectly  in  the  interest of an employer, in relation to an employee
    19  benefit plan; and includes a group or association  of  employers  acting
    20  for  an  employer  in  such capacity. The term employer includes without
    21  restriction any employee organization, and public, private, or  not  for
    22  profit entity or entities, individual or individuals, including entities
    23  or  individuals  doing  business  as,  which are engaged in any trade or
    24  occupation which employs employees in this state.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09858-01-9
        A. 5931                             2
     1    3. "Employee" means any individual employed by an employer.
     2    4.  "Participant"  means  any  former  employee of an employer, or any
     3  former member of an employee organization, who is eligible to receive  a
     4  benefit  of  any type from an employee welfare benefit plan which covers
     5  employees of such employer or members of  such  organization,  or  whose
     6  beneficiaries may be eligible to receive any such benefit.
     7    5.  "Employee  organization" means any labor union or any organization
     8  of any kind, or any agency or employee representation committee, associ-
     9  ation, group or plan, in which employees participate  and  which  exists
    10  for the purpose, in whole or in part, of dealing with employers concern-
    11  ing  an  employee  welfare  benefit  plan or other matters incidental to
    12  employment relationships;  or  any  employees'  beneficiary  association
    13  organized  for  the  purpose in whole or in part, of establishing such a
    14  plan.
    15    6. "Beneficiary" means a person designated by a participant, or by the
    16  terms of an employee benefit plan, who is or may become  entitled  to  a
    17  benefit thereunder.
    18    7.  "Person"  means an individual, partnership, joint venture, limited
    19  liability company, corporation,  mutual  company,  joint-stock  company,
    20  trust,  estate,  unincorporated  organization,  association, or employee
    21  organization.
    22    § 2. This act shall take effect on the ninetieth day  after  it  shall
    23  have become a law.