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

                                  2007

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M.  of  A. WEPRIN, SCHROEDER, SCHIMEL, PHEFFER, DESTITO,
  GABRYSZAK, DenDEKKER, ZEBROWSKI, GUNTHER, SPANO -- Multi-Sponsored  by
  --  M.  of  A.  BURLING,  WEISENBERG  -- read once and referred to the
  Committee on Governmental Employees

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04594-01-1
              

A. 2007                             2

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.