S T A T E   O F   N E W   Y O R K
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                                  1623

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Health

AN ACT to create a task force on retiree  health  insurance  protection;
  and  providing  for  the  repeal of certain provisions upon expiration
  thereof

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

  Section  1. Legislative findings.  The legislature finds that adequate
and affordable health insurance coverage is a crucial issue for  retired
police  officers and firefighters and their dependents. State government
actions have been inconsistent, protecting health insurance coverage for
some groups of retirees, while denying protection to others.
  The legislature finds and declares that equity  and  fairness  require
development  and application of cost-effective strategies for protecting
adequate and affordable health insurance for  retired  public  employees
and  their  dependents  as  a means both of providing quality of life of
such retirees and  preserving  the  integrity  of  the  agreements  made
between employers and employees prior to retirement.
  S  2.  Task  force on retiree health insurance protection. 1. There is
hereby created a twelve member task force on  retiree  health  insurance
protection. The members of the task force shall be:
  (a)  the  chair of the senate committee on civil service and pensions,
the chair of the assembly committee on governmental employees,  and  the
president of the state civil service commission, or their designees, who
shall serve as co-chairs;
  (b)  two  members  appointed  by  the  governor,  one of whom shall be
appointed upon the recommendation of the New York state AFL-CIO;
  (c) two members appointed by the temporary president  of  the  senate,
one  of  whom shall be appointed upon the recommendation of the New York
state AFL-CIO;

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

                                                           LBD02478-01-9

A. 1623                             2

  (d) two members appointed by the speaker of the assembly, one of  whom
shall  be  appointed  upon  the  recommendation  of  the  New York state
AFL-CIO;
  (e) the state comptroller, or his or her designee;
  (f) one member appointed by the minority leader of the senate; and
  (g) one member appointed by the minority leader of the assembly.
Of  such  appointed  members  one  shall be the president of the Retired
Police Association of the State of New York, one shall be the  president
of the New York Police and Fire Retiree Association, Inc., and one shall
be  a  representative  officer  of the National NYCPD 1013 Organization,
Inc. Any vacancies on the task force, whether the result of resignation,
failure of an appointing authority to appoint, or any other cause, shall
not impair the right of the remaining members to exercise all the powers
of the task force,  or  otherwise  affect  the  responsibility  of  such
remaining members to fulfill the requirements of this act.
  2.  Task  force  members  shall  receive  no  compensation  for  their
services, but shall be reimbursed  for  actual  and  necessary  expenses
incurred in the performance of their duties.
  3.  The task force shall meet at least four times and shall conduct at
least one public hearing.
  4. The task force shall consult with, and seek advice and  recommenda-
tions  from,  public  officers,  organizations,  and  entities affected,
including but not limited to, the director of  the  budget,  the  super-
intendent  of  insurance,  the director of the office for the aging, the
director of the office of employee relations, the secretary of state and
his or her designees with particular expertise in municipal  government,
organizations  representing  retirees  including  alliances  of  retiree
organizations, organizations representing municipal officials, organiza-
tions  representing  local  governments,  organizations  with  expertise
covering  police and fire and police and fire retirees, and other organ-
izations as the task force shall deem to be appropriate.
  5. The co-chairs shall provide  the  task  force  with  personnel  and
support services necessary to accomplish its duties.
  S  3.  Report  of the task force. No later than June 1, 2010, the task
force shall transmit to the governor, the  temporary  president  of  the
senate,  and  the speaker of the assembly a report recommending cost-ef-
fective strategies for protecting adequate and affordable health  insur-
ance for retired public employees and their dependents.
  S  4.  Health  insurance  moratorium. 1. From on and after May 1, 2009
until June 30, 2010, a public employer shall be prohibited  from  dimin-
ishing  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
unless  a  corresponding  diminution  of  benefits  or  contributions is
effected from the present level as of May 1, 2009 during this period  by
such  employer from the corresponding group of active employees for such
retirees. 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; (v) a public authority,  commission  or
public benefit corporation; (vi) a school district, board of cooperative
educational  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; or (vii) any other public corporation, agency, instru-
mentality or unit of government which exercises governmental power under

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the laws of this state. For the purpose of this act, "retirees and their
dependents" shall mean retired members and dependents  of  (i)  the  New
York  State  and  Local  Police and Fire Retirement System, the New York
city  police  pension  fund,  the  New York city fire department pension
fund, and (ii) any other pension fund of  a  public  employer  providing
benefits  to  retired  police officer and firefighter members and depen-
dents, provided that the application of this subdivision shall be limit-
ed to the individual police officers and firefighters and  their  depen-
dents.
  2. Nothing contained in this act shall supersede or diminish the terms
of  a  collective  bargaining  agreement.  Nothing contained in this act
shall supersede or diminish the provisions of chapter 729 of the laws of
1994 and any amendment thereto.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have  been  in full force and effect on and after May 1, 2009; provided,
however, that section two  of  this  act  shall  expire  and  be  deemed
repealed on and after June 2, 2010.