§ 4402 — Definitions

New York § 4402

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 44: Employee Welfare Funds

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§ 4402. Definitions. In this article: (a) "Employee welfare fund" or\n"fund" means any trust fund or other fund established or maintained\njointly by one or more employers together with one or more labor\norganizations, whether directly or through trustees, to provide employee\nbenefits by the purchase of insurance or annuity contracts or otherwise,\nand to which is paid or contracted to be paid anything, other than\nincome from investments of such fund for the benefit of employees\nemployed in this state, and, if the principal office of the employer is\nlocated outside of the state, for at least twenty such employees;\nprovided, however, that such term shall not include any such fund where\nits over-all management is vested, alone or jointly with other trustees,\nin a corporate trustee which is subject to supervision by the supervisor\nof banks of any state or the comptroller of the currency.\n (b) "Employee benefits" means one or more benefits or services for\nemployees or their families or dependents, or for both, including, but\nnot limited to, medical, surgical or hospital care or benefits, benefits\nin the event of sickness, accident, disability or death, benefits in the\nevent of unemployment, or retirement benefits.\n (c) "Trustee" means the person or group of persons who or which is\ncharged with or has the general power of administration over an employee\nwelfare fund and may include a pension board or committee, a board of\nindividual trustees, a board of administration or the like; provided,\nhowever, such term shall not include a corporate trustee which is\nsubject to supervision by the supervisor of banks of any state or the\ncomptroller of the currency; nor shall such term include any insurer\nlicensed under the laws of this state or authorized to do business\nherein.\n (d) "Employed in this state" means employed at a place of business\nmaintained by the employer in the state.\n (e) "Employer" means all persons part or all of whose employees or\nmembers are covered by an employee welfare fund.\n (f) "Person" means all individuals (acting alone or in representative\ncapacities), partnerships, associations, corporations, labor unions and\nother entities.\n (g) "Labor organization" means any labor union or any organization of\nany kind, or any agency or employee representation committee,\nassociation, group or plan, in which employees participate and which\nexists for the purpose, in whole or in part, of dealing with employers\nconcerning grievances, labor disputes, wages, rates of pay, hours of\nemployment or conditions of work.\n