S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2887
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       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 3 to  read
    2  as follows:
    3                                 ARTICLE III
    4                           EMPLOYEE BENEFIT PLANS
    5  SECTION 301. PROHIBITION AGAINST DIMINUTION OF BENEFITS.
    6    S 301. 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.
                                                                  LBD07257-01-5
       A. 2887                             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    S 2. This act shall take effect on the ninetieth day  after  it  shall
   23  have become a law.