N.Y. Insurance Law § 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.