S T A T E O F N E W Y O R K
________________________________________________________________________
8393
2011-2012 Regular Sessions
I N A S S E M B L Y
June 15, 2011
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Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to establishing
health reimbursement arrangements relating to state retiree Medicare
benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 162 of the civil service law is amended by adding a
new subdivision 9 to read as follows:
9. (A) THE PRESIDENT IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH A
PLAN WHICH PROVIDES HEALTH REIMBURSEMENT ARRANGEMENTS TO PUBLIC EMPLOYER
RETIREES, DEPENDENTS, SURVIVING SPOUSES AND SURVIVING DEPENDENT CHILDREN
WHO ARE COVERED BY MEDICARE. THE PRESIDENT SHALL ADOPT SUCH FURTHER
REGULATIONS AS MAY BE REQUIRED FOR THE EFFECTIVE ADMINISTRATION OF THE
HEALTH REIMBURSEMENT ARRANGEMENTS, INCLUDING ELIGIBILITY, TERMS AND
CONDITIONS RELATING TO THE HEALTH REIMBURSEMENT ARRANGEMENTS.
(B) THE HEALTH REIMBURSEMENT ARRANGEMENTS SHALL PROVIDE ACCESS TO
INDIVIDUAL INSURANCE POLICIES, INCLUDING MEDIGAP OR MEDICARE SUPPLEMENT
POLICIES, MEDICARE ADVANTAGE POLICIES AND MEDICARE PRESCRIPTION DRUG
POLICIES. THE HEALTH REIMBURSEMENT ARRANGEMENTS SHALL ALSO PROVIDE FOR
THE PAYMENT OF OR REIMBURSEMENT FOR THE PREMIUMS RELATING TO SUCH INDI-
VIDUAL INSURANCE POLICIES AND ANY OTHER ELIGIBLE EXPENSES AS DETERMINED
BY THE PRESIDENT IN REGULATIONS.
(C) THE PRESIDENT AND CONTRIBUTING PUBLIC EMPLOYERS SHALL ESTABLISH
THE LEVEL OF CONTRIBUTIONS TO THE HEALTH REIMBURSEMENT ARRANGEMENTS,
SUBJECT TO ANY APPLICABLE LAW.
(D) THE PRESIDENT SHALL ENTER INTO A CONTRACT WITH AN ADMINISTRATOR TO
PROVIDE ADMINISTRATIVE SERVICES WITH RESPECT TO THE HEALTH REIMBURSEMENT
ARRANGEMENTS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11967-01-1
A. 8393 2
(E) FOR PURPOSES OF THIS SUBDIVISION, "PUBLIC EMPLOYEE RETIREES AND
THEIR DEPENDENTS" SHALL MEAN RETIRED MEMBERS AND DEPENDENTS OF THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM.
(F) FOR PURPOSES OF THIS SUBDIVISION, "PUBLIC EMPLOYER" SHALL MEAN THE
FOLLOWING: (I) THE STATE; (II) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC
BENEFIT CORPORATION; OR (III) ANY OTHER PUBLIC CORPORATION, AGENCY,
INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER
UNDER THE LAWS OF THIS STATE.
(G) THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION
SHALL NOT APPLY TO THE HEALTH REIMBURSEMENT ARRANGEMENTS, BUT MAY APPLY
TO THE INDIVIDUAL INSURANCE POLICIES AS MAY BE SET FORTH IN THE INSUR-
ANCE LAW.
S 2. This act shall take effect immediately; provided, however, noth-
ing contained in this act shall supersede or diminish the terms of a
collective bargaining agreement.