Bill Text: NY A09618 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to coverage for members of a worker cooperative and employee-owned enterprises; relates to establishing an advisory panel on the viability of increasing employee-owned enterprises; relates to capital gains exemption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-22 - referred to labor [A09618 Detail]

Download: New_York-2015-A09618-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9618
                   IN ASSEMBLY
                                     March 22, 2016
                                       ___________
        Introduced  by  M. of A. RYAN -- read once and referred to the Committee
          on Labor
        AN ACT to amend the workers' compensation law, in relation  to  coverage
          for  members of the worker cooperative; to amend the state finance law
          and the education law, in relation to employee owned  enterprises;  to
          amend  the  cooperative  corporations  law, in relation to creating an
          advisory panel on the viability of  increasing  employee-owned  enter-
          prises;  and  to  amend  the  tax  law, in relation to a capital gains
          exemption
          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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14613-02-6