NY State Senate Bill S5543A

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2010	reported and committed to finance
Apr 09, 2010	print number 5543a
Apr 09, 2010	amend (t) and recommit to civil service and pensions
Jan 06, 2010	referred to civil service and pensions
Jun 02, 2009	reported and committed to finance
May 14, 2009	referred to civil service and pensions

Votes

view votes

May 11, 2010 - Civil Service and Pensions committee Vote

S5543A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: May 11, 2010

aye (10)

aye wr (1)

Hannon

absent (1)

Huntley

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S5543 - Details

See Assembly Version of this Bill:: A7060
Current Committee:: Senate Finance
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4371, A2007
2013-2014: S3627, A902
2015-2016: S3320, A3539
2017-2018: S8220, A5455
2019-2020: S3854, A4203
2021-2022: S5030
2023-2024: S4191

S5543 - Summary

Prohibits the diminution of health insurance benefits of public employee retirees and their dependents or reducing the employer's contributions for such insurance; defines employers to include the state, municipalities, school districts, and public authorities and commissions.

S5543 - Sponsor Memo

 BILL NUMBER:  S5543

 TITLE OF BILL :
An act in relation to affecting the health insurance benefits and
contributions of certain retired public employees


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would prohibit the state, local governments, and school
districts from diminishing the health insurance benefits of retirees
below the level of benefits in place on May 1, 2010.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one prohibits the State, local governments, and school
districts from diminishing the health insurance benefits of retirees
and their dependents, as well as the employer contribution toward such
health insurance, below the level of benefits in place on May 1, 2010.
Section two grants precedence to collective bargaining agreements.
Section three provides for future.  retirees from positions not
subject to a collective bargaining agreement. Section four ensures
that a public employer which does not now offer health insurance
benefits to retirees is not required to do so. Section five is the
effective date.

 EXISTING LAW :
Chapter 729 of the laws of 1994 (as amended by Chapter 22 of the Laws

of 2007) prohibits school districts and BOCES from diminishing retiree
health insurance benefits, unless there is a parallel diminution
affecting active employees. These provisions currently sunset on May
15, 2009. Article XI of the Civil Service Law provides that retires
from the State and participating agencies in the New York State Health
Insurance Plan (NYSHIP) shall receive the same health insurance
benefits as negotiated with active employees.  There is no existing
law protecting health insurance benefits of retirees from local
governments.

 JUSTIFICATION :
Given the increasing costs of health care, health insurance coverage
is of tremendous importance to retirees and their dependents. Although
there have been a number of attempts to protect retiree health
coverage, there is no consistent standard for all retirees. Education
retirees are partially protected by a law which sunsets annually. Some
workers have retired under union contracts with stronger protections.
Many retirees, however, have no protection. This bill creates a
uniform standard of protection which applies to all retirees and their
dependents, unless covered by a more favorable union contract.

 PRIOR LEGISLATIVE HISTORY :
S.6029B in 2007

 FISCAL IMPLICATIONS :
None. This bill merely requires the State to continue the level of
benefits which it is now providing.

 EFFECTIVE DATE :
May 1, 2010

S5543 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5543

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 14, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT in relation  to  affecting  the  health  insurance  benefits  and
  contributions of certain retired public employees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. From on and after May 1, 2010, a public employer  shall  be
prohibited  from  diminishing  the health insurance benefits provided to
retirees and their dependents or the contributions such  employer  makes
for  such  health insurance coverage below the level of such benefits or
contributions made on behalf of such retirees and  their  dependents  by
such  employer  as of May 1, 2010.  For the purpose of this act, "public
employer" shall mean the following: (i) the state; (ii) a county,  city,
town  or  village;  (iii) a school district, board of cooperative educa-
tional services, vocational education and extension board  or  a  school
district  as enumerated in section 1 of chapter 566 of the laws of 1967,
as amended; (iv) any governmental entity operating a college or  univer-
sity;  (v)  a public improvement or special district including police or
fire districts; (vi) a public authority, commission  or  public  benefit
corporation;  or  (vii) any other public corporation, agency, instrumen-
tality or unit of government which exercises  governmental  power  under
the laws of this state.
  S  2.  Nothing  contained  in this act shall supersede or diminish the
terms of a collective bargaining agreement.
  S 3. Notwithstanding the provisions of section one of this act to  the
contrary,  a  public  employer  shall be prohibited from diminishing the
health insurance benefits provided to retirees who retire after  May  1,
2010 from positions not subject to a collective bargaining agreement and
their  dependents,  or  the  contributions  such employer makes for such
health insurance coverage, below the level of such benefits or  contrib-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10383-01-9

S. 5543                             2

utions  made  on  behalf of active employees in such positions as of the
retiree's date of retirement.
  S  4.  Nothing  contained  in this act shall require a public employer
which does not provide health insurance benefits to retirees  and  their
dependents as of May 1, 2010 to offer such benefits.
  S 5. This act shall take effect May 1, 2010.

Co-Sponsors

S5543A (ACTIVE) - Details

See Assembly Version of this Bill:: A7060
Current Committee:: Senate Finance
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4371, A2007
2013-2014: S3627, A902
2015-2016: S3320, A3539
2017-2018: S8220, A5455
2019-2020: S3854, A4203
2021-2022: S5030
2023-2024: S4191

S5543A (ACTIVE) - Summary

S5543A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5543A

 TITLE OF BILL :
An act to prohibit public employers from diminishing the health
insurance benefits and contributions of certain retired public
employees


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would prohibit state and local governments from diminishing
the health insurance benefits of retirees below the level of benefits
that are in place 30 days after this act shall become law.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Prohibits the State and local governments from diminishing
the health insurance benefits of retirees and their dependents, as
well as the employer contribution toward such health insurance, below
the level of benefits in place 30 days after this act shall take
effect. This bill does not apply to school districts and BOCES because
they have been recently covered under the current law.

Section 2: Grants precedence to collective bargaining agreements.

Section 3: Provides for future retirees from positions not subject to
a collective bargaining agreement.

Section 4: Ensures that a public employer which does not now offer
health insurance benefits to retirees is not required to do so under
this bill.

 EXISTING LAW :
Chapter 729 of the laws of 1994, as amended by Chapter 22 of the Laws
of 2007 and the laws of 2009, prohibits school districts and BOCES
from diminishing retiree health insurance benefits, unless there is a
parallel diminution affecting active employees. Article XI of the
Civil Service Law provides that retires from the State and
participating agencies in the New York State Health Insurance Plan
(NYSHIP) shall receive the same health insurance benefits as
negotiated with active employees. There is no existing law protecting
health insurance benefits of retirees from local governments.

 JUSTIFICATION :
Given the increasing costs of health care, health insurance coverage
is of tremendous importance to retirees and their dependents.

Although there have been a number of attempts to protect retiree
health coverage, there is no consistent standard for all retirees.
Education retirees are now protected by a law. Some workers have
retired under union contracts with stronger protections. Many
retirees, however, have no protection. This bill creates a uniform
standard of protection which applies to all retirees and their
dependents, unless covered by a more favorable union contract.

 PRIOR LEGISLATIVE HISTORY :
S.6029B in 2007

 FISCAL IMPLICATIONS :
None. This bill merely requires the State to continue the level of
benefits which it is now providing.

 EFFECTIVE DATE :
30 days after it shall have become law.

S5543A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5543--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 14, 2009
                               ___________

Introduced   by   Sens.  KLEIN,  GOLDEN,  LANZA,  MORAHAN,  OPPENHEIMER,
  STEWART-COUSINS, THOMPSON -- read twice and ordered printed, and  when
  printed to be committed to the Committee on Civil Service and Pensions
  --  recommitted  to  the  Committee  on  Civil Service and Pensions in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to prohibit public employers from diminishing the  health  insur-
  ance benefits and contributions of certain retired public employees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. On and after the effective  date  of  this  act,  a  public
employer shall be prohibited from diminishing the health insurance bene-
fits provided to retirees and their dependents or the contributions such
employer  makes  for  such  health insurance coverage below the level of
such benefits or contributions made on behalf of such retirees and their
dependents by such employer as of the effective date of this act.    For
the purpose of this act, "public employer" shall mean the following: (i)
the  state; (ii) a county, city, town or village; (iii) any governmental
entity operating a college or university; (iv) a public  improvement  or
special  district  including  police  or  fire  districts;  (v) a public
authority, commission or public benefit corporation; or (vi)  any  other
public  corporation, agency, instrumentality or unit of government which
exercises governmental power under the laws of this  state.    The  term
public  employer shall not include any school district, board of cooper-
ative educational services, vocational education and extension board  or
school district as enumerated in section 1 of chapter 566 of the laws of
1977, as amended.
  S  2.  Nothing  contained  in this act shall supersede or diminish the
terms of a collective bargaining agreement.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10383-06-0

S. 5543--A                          2

  S 3. Notwithstanding the provisions of section one of this act to  the
contrary,  a  public  employer  shall be prohibited from diminishing the
health insurance benefits provided to  retirees  who  retire  after  the
effective  date  of  this act from positions not subject to a collective
bargaining  agreement  and  their  dependents, or the contributions such
employer makes for such health insurance coverage, below  the  level  of
such  benefits  or  contributions  made on behalf of active employees in
such positions as of the retiree's date of retirement.
  S 4. Nothing contained in this act shall  require  a  public  employer
which  does  not provide health insurance benefits to retirees and their
dependents as of the effective date of this act to offer such benefits.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S5543A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

May 11, 2010 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: May 11, 2010

Bill Amendments

Co-Sponsors

S5543 - Details

S5543 - Summary

S5543 - Sponsor Memo

S5543 - Bill Text download pdf

Co-Sponsors

S5543A (ACTIVE) - Details

S5543A (ACTIVE) - Summary

S5543A (ACTIVE) - Sponsor Memo

S5543A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5543A

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Archive: Last Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

May 11, 2010 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: May 11, 2010

Bill Amendments

Co-Sponsors

S5543 - Details

S5543 - Summary

S5543 - Sponsor Memo

S5543 - Bill Text download pdf

Co-Sponsors

S5543A (ACTIVE) - Details

S5543A (ACTIVE) - Summary

S5543A (ACTIVE) - Sponsor Memo

S5543A (ACTIVE) - Bill Text download pdf

Comments