Section 4402. Definitions  


Latest version.
  • 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
      superintendent of banks of any state or  is  a  member  of  the  federal
      reserve system.
        (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 superintendent of banks of any state or is
      a  member of the federal reserve system; 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.