2023 New York Laws › WKC - Workers' Compensation › Article 1 - Short Title; Definitions; Application › 4 - Special Applicability; Domestic Partners; Surviving Domestic Partners; Death Benefits; Funeral Expenses; Terrorist Attacks of September Eleventh, Two

§  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.