S T A T E O F N E W Y O R K
________________________________________________________________________
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
A. 1623 3
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.