2025 -- H 5941 | |
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LC002302 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- PORTABLE BENEFIT PLAN | |
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Introduced By: Representatives Place, Santucci, Quattrocchi, and Paplauskas | |
Date Introduced: February 28, 2025 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" |
2 | is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 61 |
4 | PORTABLE BENEFIT PLAN |
5 | 28-61-1. Definitions. |
6 | As used in this chapter, the following terms have the meaning ascribed to them in this |
7 | section, except when the context clearly indicates a different meaning: |
8 | (1) "Hiring party" means a person who hires or enters into a contract with an independent |
9 | contractor. |
10 | (2) "Independent contractor" means any person determined to be an independent contractor |
11 | pursuant to the provisions of § 28-42-7. |
12 | (3) "Portable benefit plan" means a group that offers an insurance product regulated by title |
13 | 27 (“insurance”), or chapters 42 through 44 of title 28 (“employment security”) and is assigned to |
14 | an individual beneficiary and is not associated with a specific employer or hiring party. |
15 | 28-61-2. Administration -- Assignment of benefits -- Portability. |
16 | (a) A governmental entity or private entity voluntarily may offer a portable benefit plan. |
17 | (b) Contributions to a portable benefit plan shall be voluntary and may not be used as a |
18 | criterion for determining a person's employment classification. |
19 | (c) A portable benefit plan for the benefit of an individual beneficiary shall not be construed |
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1 | as evidence of employer liability, and a court may not construe the contribution as an element of |
2 | an employment relationship for purposes of employer lability to include, but not be limited to, the |
3 | provisions of workers’ compensation, employment security or the provisions of title 28. |
4 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- PORTABLE BENEFIT PLAN | |
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1 | This act would establish a voluntary portable benefit plan for independent contractors. |
2 | This act would take effect upon passage. |
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