S T A T E O F N E W Y O R K
________________________________________________________________________
4371
2011-2012 Regular Sessions
I N S E N A T E
March 31, 2011
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
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
bargaining agreement and their dependents, or the contributions such
employer makes for such health insurance coverage, below the level of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04594-01-1
S. 4371 2
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.