HOUSE BILL No. 4298


     February 12, 1997, Introduced by Reps. Oxender, Gernaat, Hammerstrom, Fitzgerald and Birkholz and referred to the Committee on Labor and Occupational Safety.


        A bill to amend 1969 PA 317, entitled

   "Worker's disability compensation act of 1969,"

   (MCL 418.101 to 418.941) by adding section 162.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 162.  (1) AN EMPLOYER WHO HAS RECEIVED AN EXEMPTION

 2    UNDER SECTION 3127 OF THE FEDERAL INSURANCE CONTRIBUTIONS ACT, 26

 3    U.S.C. 3127, MAY FILE AN APPLICATION WITH THE DIRECTOR TO BE

 4    EXCLUDED FROM THE PAYMENT OF COMPENSATION AND OTHER BENEFITS

 5    UNDER THIS ACT WITH RESPECT TO ANY EMPLOYEE WHO HAS ALSO RECEIVED

 6    AN EXEMPTION UNDER SECTION 3127 OF THE FEDERAL INSURANCE CONTRI-

 7    BUTIONS ACT.  THE APPLICATION SHALL INCLUDE A WRITTEN WAIVER BY

 8    THE EMPLOYEE OF ALL COMPENSATION AND OTHER BENEFITS UNDER THIS

 9    ACT.

10         (2) THE APPLICATION REQUIRED BY SUBSECTION (1) SHALL BE MADE

11    UPON A FORM PRESCRIBED BY THE DIRECTOR.


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 1         (3) THE APPLICATION SHALL BE APPROVED IF THE DIRECTOR

 2    DETERMINES THAT BOTH THE EMPLOYER AND THE EMPLOYEE QUALIFY FOR

 3    THE EXEMPTIONS IN SECTION 3127 OF THE FEDERAL INSURANCE CONTRIBU-

 4    TIONS ACT AS DESCRIBED IN SUBSECTION (1).

 5         (4) IF THE EMPLOYEE UNDER SUBSECTION (1) IS A MINOR, THE

 6    WAIVER AND AFFIDAVIT REQUIRED BY SUBSECTION (1) MAY BE MADE BY A

 7    PARENT OR GUARDIAN OF THE MINOR.

 8         (5) AN EXCLUSION APPROVED UNDER THIS SECTION WITH REGARD TO

 9    A SPECIFIC EMPLOYER AND EMPLOYEE SHALL BE VALID FOR ALL FUTURE

10    YEARS UNLESS EITHER THE EMPLOYEE OR EMPLOYER CEASES TO MEET THE

11    REQUIREMENTS OF THIS SECTION.


































   00040'97          Final page.                            TJS