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1 Statement of Purpose. The purpose of this act is to allow independent contractors and hiring parties to voluntarily participate in portable benefit plans, providing access to certain benefits without altering the classification of such workers under state law.
2 New Chapter; Voluntary Portable Benefit Plans. Amend RSA by inserting after chapter 283 the following new chapter:
CHAPTER 283-A
VOLUNTARY PORTABLE BENEFIT PLANS
283-A:1 Definitions. In this subdivision:
I. "Independent contractor" means a person who qualifies as such under RSA 275:42, II, (a) through (g), or applicable common law tests.
II. "Hiring party" means any individual, business, or marketplace platform that contracts with an independent contractor for services.
III. "Portable benefit plan" means an arrangement that provides one or more of the following:
(a) Health insurance.
(b) Unemployment insurance.
(c) Disability insurance.
(d) Life insurance.
(e) Retirement benefits.
IV. "Portable benefit plan provider" means an entity authorized to provide or administer a portable benefit plan under this chapter.
283-A:2 Voluntary Contributions.
I. A hiring party may make voluntary contributions to a portable benefit plan on behalf of an independent contractor.
II. Such contributions shall not be considered in determining whether an independent contractor is an employee under New Hampshire law.
283-A:3 Withholding for Contributions.
I. A hiring party and an independent contractor may agree in writing that a portion of the compensation due the independent contractor may be withheld and contributed to a portable benefit plan.
II. Such agreement shall:
(a) Be clear, unambiguous, and prominently displayed in the contract or in a separate written notice;
(b) Require the independent contractor to affirmatively opt in; and
(c) Permit the independent contractor to opt out at any time.
284-A:4 No Effect on Classification. Participation in a portable benefit plan shall not be used to determine the employment status of a worker under RSA 275, RSA 282-A, or any other state labor or benefits statute.
4 Effective Date. This act shall take effect 60 days after passage.
Text to be added highlighted in green.
1 Statement of Purpose. The purpose of this act is to allow independent contractors and hiring parties to voluntarily participate in portable benefit plans, providing access to certain benefits without altering the classification of such workers under state law.
2 New Chapter; Voluntary Portable Benefit Plans. Amend RSA by inserting after chapter 283 the following new chapter:
CHAPTER 283-A
VOLUNTARY PORTABLE BENEFIT PLANS
283-A:1 Definitions. In this subdivision:
I. "Independent contractor" means a person who qualifies as such under RSA 275:42, II, (a) through (g), or applicable common law tests.
II. "Hiring party" means any individual, business, or marketplace platform that contracts with an independent contractor for services.
III. "Portable benefit plan" means an arrangement that provides one or more of the following:
(a) Health insurance.
(b) Unemployment insurance.
(c) Disability insurance.
(d) Life insurance.
(e) Retirement benefits.
IV. "Portable benefit plan provider" means an entity authorized to provide or administer a portable benefit plan under this chapter.
283-A:2 Voluntary Contributions.
I. A hiring party may make voluntary contributions to a portable benefit plan on behalf of an independent contractor.
II. Such contributions shall not be considered in determining whether an independent contractor is an employee under New Hampshire law.
283-A:3 Withholding for Contributions.
I. A hiring party and an independent contractor may agree in writing that a portion of the compensation due the independent contractor may be withheld and contributed to a portable benefit plan.
II. Such agreement shall:
(a) Be clear, unambiguous, and prominently displayed in the contract or in a separate written notice;
(b) Require the independent contractor to affirmatively opt in; and
(c) Permit the independent contractor to opt out at any time.
284-A:4 No Effect on Classification. Participation in a portable benefit plan shall not be used to determine the employment status of a worker under RSA 275, RSA 282-A, or any other state labor or benefits statute.
4 Effective Date. This act shall take effect 60 days after passage.