Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 1118 (February 27, 2021).

58 Pa. Code § 436a.1. Definitions.

§ 436a.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Fiduciary—A person who is entrusted by a horsemen’s organization or its members to hold or manage funds received for horsemen under section 1406 of the act (relating to distributions from Pennsylvania Race Horse Development Fund) or who exercises control or discretionary authority over selection or management of a health or pension benefit plan, disposition of its assets or distribution of its funds.

   Health benefits—A plan, fund or program which is maintained by a horsemen’s organization and provides healthcare benefits to horsemen, their families and employees and others designated by the rules and eligibility requirements of the organization consistent with the act.

   Horsemen—A thoroughbred or standardbred horse owner or trainer who enters and runs a horse at a licensed racing entity in the current or prior calendar year and meets the membership requirements of a horsemen’s organization to participate in the receipt of benefits there from.

   Horsemen’s organization—A trade association which represents the majority of horsemen at a licensed racetrack and which exists for the purpose, in whole or in part, of negotiating a horsemen’s contract and resolving grievances, disputes or other matters with management of a licensed racing entity.

   Pension benefits—Any plan, fund or program which is maintained by a horsemen’s organization and provides retirement income to horsemen, their families and employees and any others designated by the rules and eligibility requirements of the organization consistent with the act.

   Representative

     (i)   A president, vice president, secretary, treasurer, director, governing body member or any individual routinely performing corresponding functions authorized to act on behalf of the horsemen’s organization.

     (ii)   An individual, not otherwise specified in subparagraph (i), who is authorized to act on behalf of a horsemen’s organization or members thereof in matters regarding horsemen’s agreements with a licensed racing entity or who promotes, facilitates or otherwise influences the relations between a horsemen’s organization and a licensed racing entity.



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