PRINTER'S NO. 4110
No. 2904 Session of 1990
INTRODUCED BY PESCI, KOSINSKI, BILLOW, PISTELLA, NOYE, TRELLO,
VAN HORNE, STABACK, MORRIS, BATTISTO, GIGLIOTTI, FLEAGLE,
DeLUCA, D. F. CLARK, ITKIN AND LINTON, SEPTEMBER 26, 1990
REFERRED TO COMMITTEE ON LABOR RELATIONS, SEPTEMBER 26, 1990
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An
2 act defining the liability of an employer to pay damages for
3 injuries received by an employe in the course of employment;
4 establishing an elective schedule of compensation; providing
5 procedure for the determination of liability and compensation
6 thereunder; and prescribing penalties," providing an
7 exemption for employers from providing coverage for those
8 employees who have furnished their own coverage.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The act of June 2, 1915 (P.L.736, No.338), known
12 as The Pennsylvania Workmen's Compensation Act, reenacted and
13 amended June 21, 1939 (P.L.520, No.281), is amended by adding a
14 section to read:
15 Section 304.3. (a) An employer may file an application with
16 the Department of Labor and Industry to be excepted from the
17 provisions of this act with respect to certain employes. This
18 application shall include a written waiver by the employe of all
19 benefits under the act and proof that the employe has purchased
20 private insurance which makes payments in the event of death,
1 disability, or makes payments towards the cost of, or provides
2 services for medical bills, including the benefits of any
3 insurance system established by the Social Security Act (Public
4 Law 74-271, 42 U.S.C. § 301 et seq.).
5 (b) The waiver required by subsection (a) shall be made upon
6 a form to be provided by the Department of Labor and Industry.
7 (c) Such application shall be granted if the Department of
8 Labor and Industry shall find that the employe has obtained
9 coverage through a private insurer. Receipt of a form required
10 by subsection (b) shall be prima facie proof that this
11 subsection has been complied with.
12 (d) When an employe is a minor, the waiver and proof of
13 purchase of private coverage required by subsection (a) may be
14 made by the guardian of the minor.
15 (e) An exception granted in regard to a specific employe
16 shall be valid for all future years unless such employe ceases
17 to meet the requirements of subsection (a).
18 Section 2. This act shall take effect in 60 days.
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