2013 New York Consolidated Laws
ISC - Insurance
Article 44 - (4401 - 4414) EMPLOYEE WELFARE FUNDS
4402 - Definitions.

 
    §  4402.  Definitions. In this article: (a) "Employee welfare fund" or
  "fund" means any trust fund or  other  fund  established  or  maintained
  jointly  by  one  or  more  employers  together  with  one or more labor
  organizations, whether directly or through trustees, to provide employee
  benefits by the purchase of insurance or annuity contracts or otherwise,
  and to which is paid or contracted  to  be  paid  anything,  other  than
  income  from  investments  of  such  fund  for  the benefit of employees
  employed in this state, and, if the principal office of the employer  is
  located  outside  of  the  state,  for  at  least twenty such employees;
  provided, however, that such term shall not include any such fund  where
  its over-all management is vested, alone or jointly with other trustees,
  in a corporate trustee which is subject to supervision by the supervisor
  of banks of any state or the comptroller of the currency.
    (b) "Employee  benefits"  means  one  or more benefits or services for
  employees or their families or dependents, or for both,  including,  but
  not limited to, medical, surgical or hospital care or benefits, benefits
  in the event of sickness, accident, disability or death, benefits in the
  event of unemployment, or retirement benefits.
    (c) "Trustee"  means  the  person  or group of persons who or which is
  charged with or has the general power of administration over an employee
  welfare fund and may include a pension board or committee,  a  board  of
  individual  trustees,  a  board of administration or the like; provided,
  however, such term shall  not  include  a  corporate  trustee  which  is
  subject  to  supervision  by the supervisor of banks of any state or the
  comptroller of the currency; nor shall such  term  include  any  insurer
  licensed  under  the  laws  of  this  state or authorized to do business
  herein.
    (d) "Employed in this state" means employed at  a  place  of  business
  maintained by the employer in the state.
    (e) "Employer"  means  all  persons  part or all of whose employees or
  members are covered by an employee welfare fund.
    (f) "Person" means all individuals (acting alone or in  representative
  capacities),  partnerships, associations, corporations, labor unions and
  other entities.
    (g) "Labor organization" means any labor union or any organization  of
  any   kind,   or   any  agency  or  employee  representation  committee,
  association, group or plan, in which  employees  participate  and  which
  exists  for  the purpose, in whole or in part, of dealing with employers
  concerning grievances, labor disputes, wages, rates  of  pay,  hours  of
  employment or conditions of work.