Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to aging |
Jan 07, 2011 |
referred to aging |
Senate Bill S1410
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Aging Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R) Senate District
(R) Senate District
2011-S1410 (ACTIVE) - Details
- Current Committee:
- Senate Aging
- Law Section:
- Elder Law
- Laws Affected:
- Add Art 3 ยง301, Eld L
- Versions Introduced in 2009-2010 Legislative Session:
-
S1571
2011-S1410 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1410 TITLE OF BILL: An act to amend the elder law, in relation to prohibiting a diminution of certain employee benefits SUMMARY OF PROVISIONS: This bill adds a new Article 3 to the Elder Law to prohibit the diminution of the health care benefits of retired employees after they have retired, making any such diminution null and void as against state policy. JUSTIFICATION: This measure requires that if an employer has made an agreement concerning health benefits for an employee, and the employee is retired and receiving benefits, the employer cannot then later unilaterally reduce the benefits. This measure is much needed. Some employers, looking for areas in which to save money, have begun to reduce the health benefits to retired workers-the ones not represented at the bargaining table or employed as current employees. PRIOR LEGISLATIVE HISTORY: S.6559 of 2006 - Aging, Rules
2011-S1410 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1410 2011-2012 Regular Sessions I N S E N A T E January 7, 2011 ___________ Introduced by Sens. GOLDEN, LAVALLE, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the elder law, in relation to prohibiting a diminution of certain employee benefits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The elder law is amended by adding a new article 3 to read as follows: ARTICLE 3 EMPLOYEE BENEFIT PLANS SECTION 301. PROHIBITION AGAINST DIMINUTION OF BENEFITS. S 301. PROHIBITION AGAINST DIMINUTION OF BENEFITS. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING, AN EMPLOYER SHALL NOT DIMINISH THE BENEFITS GRANTED A PARTICIPANT, OR FOR WHICH SUCH PARTIC- IPANT IS ELIGIBLE, UNDER AN EMPLOYEE WELFARE BENEFIT PLAN AS SUCH PLAN WAS IN EXISTENCE AT THE TIME OF THE RETIREMENT OF SUCH PARTICIPANT, AND WHICH APPLIED TO SUCH PARTICIPANT. ANY REDUCTION IN SUCH PLAN OR BENE- FITS TO SUCH PARTICIPANT IS HEREBY DECLARED NULL AND VOID AS AGAINST STATE POLICY. AS USED IN THIS ARTICLE: 1. THE TERMS "EMPLOYEE WELFARE BENEFIT PLAN" AND "WELFARE PLAN" HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SECTION 1002 OF SUBTITLE A OF SUBCHAPTER I OF CHAPTER 18 OF USC TITLE 29. 2. "EMPLOYER" MEANS ANY PERSON ACTING DIRECTLY AS AN EMPLOYER, OR INDIRECTLY IN THE INTEREST OF AN EMPLOYER, IN RELATION TO AN EMPLOYEE BENEFIT PLAN; AND INCLUDES A GROUP OR ASSOCIATION OF EMPLOYERS ACTING FOR AN EMPLOYER IN SUCH CAPACITY. THE TERM EMPLOYER INCLUDES WITHOUT RESTRICTION ANY EMPLOYEE ORGANIZATION, AND PUBLIC, PRIVATE, OR NOT-FOR- PROFIT ENTITY OR ENTITIES, INDIVIDUAL OR INDIVIDUALS, INCLUDING ENTITIES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04387-01-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.