N.Y. Workers' Compensation Law § 4: Special applicability; domestic partners; surviving domestic partners; death benefits; funeral expenses; terrorist attacks of September e...

§ 4. Special applicability; domestic partners; surviving domestic

partners; death benefits; funeral expenses; terrorist attacks of

September eleventh, two thousand one; construction. 1. Definition.

"Domestic partner" means a person at least eighteen years of age who:

(a) is dependent upon the employee for support as shown by either

unilateral dependence or mutual interdependence, as evidenced by a nexus

of factors including, but not limited to, common ownership of real or

personal property, common householding, children in common, signs of

intent to marry, shared budgeting, and the length of the personal

relationship with the employee or, if the employee is deceased, was so

dependent upon the employee immediately prior to the employee's death;

or

(b) has registered as the domestic partner of the employee with any

registry of domestic partnerships maintained by the employer of either

party, the state, or any county, city, town, or village, or, if the

employee is deceased, did so register prior to the employee's death.

(c) For the purposes of this section, the definition of domestic

partner made by this subdivision shall supplement or supersede any

inconsistent definition of such term by any other general, special, or

local law, ordinance, code, or charter so that no person qualifying as a

domestic partner, as defined in this subdivision, whether registered or

unregistered, shall, for the purposes of this section, be deemed not to

be a domestic partner.

(d) For the purposes of this section, the term "domestic partner"

shall include the term "surviving domestic partner".

Provided however, "domestic partner" shall not include any person who

is related by blood to the employee in a manner that would bar marriage

to the employee in New York state.

2. Death benefits. The domestic partner, at the time of the death, of

any employee shall, if such employee had no spouse at the time of his or

her death, be deemed to be the surviving spouse of such employee for the

purposes of any death benefit, including but not limited to funeral

expenses, to which a surviving spouse would be entitled upon the death

of such employee, and any and all such benefits shall be paid to such

domestic partner.

3. Applicability. The provisions of this section apply only to cases

in which the employee's death occurred as a result of the terrorist

attacks that occurred on September eleven, two thousand one.

4. Construction. (a) The definition of the term "domestic partner"

made by subdivision one of this section shall not be construed to be an

exclusive definition.

(b) The enactment of this section shall not be construed to divest any

court of any authority such court may otherwise have to adjudicate a

person a domestic partner on the basis of any criteria other than those

specified in subdivision one of this section, whether such person has or

has not registered as a domestic partner.