Comparison of Child Performers’ Trust Funds (Coogan’s Trust)

California vs. New York

California SB 210 New York A 7510 B

Chaptered: October 3, 2003
Effective: January 1, 2004
·  Applies to contracts between unemancipated minor and any third party on or after 01/10/2000.
·  Employers hiring loan-outs have same obligations as hiring individuals
·  Child performer = infants up to 18 years.
·  Employment permits issued to minors valid for 6 months but expires in 10 business days if no trustee account information is attached to permit.
·  Employers’ permits to employ minors do not have to be renewed unless workers’ compensation has lapsed.
·  “Gross earnings” means total compensation
payable to minor under the contract.
·  Requires that 15% of minor’s gross earnings pursuant to the contract (whether or not the contract is ratified by a court) be set aside by the minor’s employer and forwarded to a trust established by the parent or guardian and preserved for the minor till at least the age of eighteen or the “declaration of emancipation.”
·  Trustee(s) must supply documentation to minor’s employer within 10 business days of commencing employment.
·  Employer must disburse or deposit 15% of gross earnings to the trust within 15 business days of receiving trustee statement of account and copy of child’s birth certificate. In cases where an employer is seeking court approval of a minor’s contract, the employer may not wait for court approval of the contract to forward set-aside funds to the trust account.
·  When making the initial deposit of the child’s set-aside earnings, the employer must notify the financial institution that the funds are subject to Family Code Section 6753.
·  If the parent/guardian fails to establish a trust, then employer must deposit 15% of the minor’s gross earnings into a special account held by the Actors’ Fund of America within 180 days after the commencement of employment. The employer must provide to the Actors’ Fund the minor’s name and, if known, the child’s social security number, birthdate, last known address, telephone number, email address, dates of employment and the title of the project.
·  For unclaimed earnings currently held by employers, employer should forward those funds to The Actors’ Fund of America, 729 Seventh Avenue, 10th Floor, New York, NY 10019, beginning on June 29, 2004 (180 days after this law takes effect). The employer should also send the child’s name and, if known, the social security number, birthdate, last known address, telephone number, email address, dates of employment and the title of the project. / Enacted: September 30, 2003

Effective: March 28, 2004

·  Applies to all child performers under age 18 employed on or after March 28, 2004. No retroactive date.
·  Same as CA
·  Child performer means any child under the age of 18 who agrees to render artistic or creative services.
·  Employment permits issued to minors—6 months. Issued by State Department of Labor (formerly issued by local officials).
·  Employers’ certificates of eligibility renewed every three years. Fee will be assessed ($200 - $350)
·  “Gross earnings” = same as CA
·  Same as CA but no “declaration of emancipation” and child performer may terminate trust account on reaching 18.
·  Custodians of minor’s account have 15 days of commencing employment to establish account and to supply information to employer.
·  Within 30 days following the final day of employment, employer must deposit 15% into minor’s account. Exception: If employment period is longer than 30 days, employer must make the transfer of funds every payroll period.
·  If the parent/guardian fails to establish a trust, then after 15 days of commencement of employment, the employer must deposit 15% of the minor’s gross earnings into the child performer’s holding fund established under the state finance law and administered by the state comptroller.