senate Bill S6868

Vetoed By Governor
2011-2012 Legislative Session

Directs the state to reimburse the city of New York for the health care benefits of the retirees of the New York city off-track betting corporation; appropriation

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Archive: Last Bill Status Via A9869 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2012 tabled
vetoed memo.174
Dec 05, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1530
substituted for s6868
Jun 21, 2012 substituted by a9869
ordered to third reading cal.1530
committee discharged and committed to rules
Mar 30, 2012 referred to finance

Votes

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Co-Sponsors

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S6868 - Bill Details

See Assembly Version of this Bill:
A9869
Law Section:
Appropriations
Laws Affected:
Amd §606, RWB L

S6868 - Bill Texts

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Directs the state to reimburse the city of New York for the health care benefits of the retirees of the New York city off-track betting corporation; appropriates $7,000,000 therefor.

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BILL NUMBER:S6868

TITLE OF BILL:
An act
to amend the racing, pari-mutuel wagering and breeding law, in relation
to provision of health insurance and supplemental benefits to retirees
of the New York city off-track betting corporation; and making an
appropriation therefor

PURPOSE:
This bill would require the state of New York to maintain the health
insurance and supplemental benefits received by retirees of the New
York City Off-Track Betting Corporation.

SUMMARY OF PROVISIONS:
Section one of the bill sets forth a legislative intent.

Section two of the bill amends section 606(4)of the Racing, Pari-mutuel
wagering and Breeding Law to require the state of New York to
reimburse the city of New York or its designee and applicable
welfare fund benefit programs for the actual cost of health insurance
and welfare benefit programs.

Section four of the bill would make the act effective immediately.

JUSTIFICATION:
Prior to the closure of the New York City Off Track Betting
Corporation on December 7, 2010, retirees of the corporation received
health insurance through the New York City employees health insurance
plan pursuant to Chapter 115 of the Laws of 2008. Some employees
received supplemental benefits (such as prescription drug, optical
and dental) through welfare fund benefit plans funded through
employer contributions.

Employees entered NYCOTB service with the assurance that, if they
retired from NYCOTB, they and their dependants would receive these
benefits. It was indeed part of the quid pro quo for their
employment. Upon closure, the promise was broken, resulting in severe
financial hardship and even more, important, danger to the health and
lives of NYCOTB retirees and their dependants.

The state of New York should honor its commitment to protect the
welfare of these former public employees and restore the health
insurance and supplemental benefits of current and future NYCOTB
retirees. Any annual cost associated with the bill will diminish with
the passage of time and must be balanced against additional cost the
state would occur should these individuals need to secure other
public benefits. This bill addresses the Governor's veto message by
attaching an appropriation to the legislation.

LEGISLATIVE HISTORY:

2011 Veto # 62.

FISCAL IMPLICATIONS:
$7 million.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  6868

                            I N  S E N A T E

                             March 30, 2012
                               ___________

Introduced by Sens. LANZA, GOLDEN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to provision of health insurance and supplemental benefits to
  retirees of the New  York  city  off-track  betting  corporation;  and
  making an appropriation therefor

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

  Section 1. Legislative intent. The state of New York has  an  interest
in  the  welfare  of its citizens, and the general welfare of its senior
citizens is a matter of great public concern to the state.  On  December
7, 2010, the New York city off-track betting corporation, a public bene-
fit  corporation  created  in 1973 pursuant to article VI of the racing,
pari-mutual wagering and breeding law ceased operations. The legislature
finds that, since its inception, off-track betting in the  city  of  New
York  provided the state with significant revenues to support government
operations. The legislature further finds that after the governor issued
an executive order to allow the New York city off-track  betting  corpo-
ration to file for bankruptcy pursuant to Chapter 9 of the United States
Bankruptcy Code, the unions representing the employees of such off-track
betting  corporation  worked tirelessly to assist the corporation in its
restructuring efforts, including two  collective  bargaining  agreements
wherein  the employees made significant concessions, including voluntary
separation from the corporation, in order to save  the  corporation  and
assist their fellow employees.
  The  legislature further finds that employees retired from such corpo-
ration, after having received the assurance that they and  their  depen-
dants  would  receive health insurance and supplemental benefit coverage
under  their  collective  bargaining  representative's  welfare  benefit
program. After the closure of the New York city off-track betting corpo-
ration, those benefits ceased.
  The  legislature  further  finds  that  cessation of these benefits to
public employees who have devoted their working lives to  service  of  a
state  public  benefit  corporation works a great injustice and a severe

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15234-02-2

S. 6868                             2

hardship to the retirees and their  dependants,  thereby  putting  their
health and very lives in danger.
  The  legislature  further  finds  that  by  honoring the commitment to
provide health insurance and supplemental benefits to  retirees  of  the
New  York  city  off-track  betting corporation, the state reaffirms its
commitment to ameliorate the deleterious impact  which  the  closure  of
such corporation has had upon the citizens of the state.
  S  2. Subdivision 4 of section 606 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 115 of  the  laws  of  2008,  is
amended to read as follows:
  4.  All  [employees  and  officers] PRESENT AND FUTURE RETIREES of the
corporation in classes or  positions  whose  incumbents,  in  equivalent
classes or positions of the city, are eligible, as of the effective date
hereof, to participate in, and receive benefits from any city authorized
health  insurance  or  welfare  benefit  program,  shall  be eligible to
participate in, and receive benefits from any such health  insurance  or
welfare benefit program; provided, however, that the [corporation] STATE
shall reimburse the city or its designee for the actual cost of benefits
under this subdivision.
  S 3. The sum of seven million dollars ($7,000,000), or so much thereof
as  may  be necessary, is hereby appropriated to the department of civil
service out of any moneys in the state treasury in the general  fund  to
the credit of the aid to localities account, not otherwise appropriated,
and  made  immediately  available,  for  the purpose of carrying out the
provisions of this act. Such moneys shall be payable on  the  audit  and
warrant  of  the  comptroller  on  vouchers certified or approved by the
president of the civil service commission in the  manner  prescribed  by
law.
  S 4. This act shall take effect immediately.

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