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

                                  6791

                            I N  S E N A T E

                             March 22, 2012
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal  law,  in  relation  to  providing
  notice  of health insurance contracts for retired officers, employees,
  and their families

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

  Section 1. Subdivision 2 of section 92-a of the general municipal law,
as  amended by chapter 805 of the laws of 1984 and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is amended  and
a new subdivision 2-a is added to read as follows:
  2.  [A]  CONSISTENT  WITH  THE PROVISIONS OF SUBDIVISION TWO-A OF THIS
SECTION, A public corporation may contract with a non-profit  membership
corporation,  organized  under  article forty-three of the insurance law
and approved by the superintendent of financial services and  the  state
board  of social welfare, or with any insurance company authorized to do
business in this state for the purpose of furnishing medical and  surgi-
cal  services  and  hospital  service  as defined in such article forty-
three, or medical and surgical and hospital  insurance  to  persons  who
contract with such non-profit membership corporation or insurance compa-
ny,  or  who  subscribe to a plan or plans, as hereinafter provided. Any
such contract entered into by a  public  corporation  shall  permit  any
officer  or  employee  or group of officers or employees of an agency or
department of the public corporation voluntarily to subscribe to a  plan
or  plans providing for medical and surgical and hospital insurance for,
or medical and surgical services and hospital service to, such  officers
or  employees  and  their  families. Any such contract entered into by a
public corporation may, if authorized by the governing board or body and
subject to such conditions, limitations and eligibility requirements  as
may  be  fixed  by  such  board or body, permit any retired officers and
employees or group of retired officers and employees  of  an  agency  or
department  of the public corporation voluntarily to subscribe to such a
plan or plans to provide such insurance for or service to themselves and
their families. The comptroller  or  other  disbursing  officer  of  the

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

                                                           LBD11726-02-2

S. 6791                             2

public corporation, or of any fund out of which officers or employees of
such public corporation are paid, is authorized to deduct from the wages
or  salary  of such contracting or subscribing officer or employee, with
his  prior  consent,  in  writing,  the sums required to be paid by such
officer or employee to such non-profit membership corporation or  insur-
ance company. Such public corporation, if such contract or plan provides
that  the  employer shall contribute a share of the cost of such medical
and surgical services and hospital service, or medical and surgical  and
hospital  insurance,  for its officers and employees or retired officers
and employees, is authorized to appropriate a sum required  to  be  paid
under such contract by the public corporation as employer. The sum to be
paid  by it under such contract, in the discretion of such public corpo-
ration, may be any percentage of the  total  cost  including  the  whole
thereof.  Where  the compensation of any officer or employee whose posi-
tion is covered by medical and surgical services and hospital service or
medical and surgical and hospital insurance pursuant to this section  is
paid  from  a  special  or  administrative fund provided for by law, the
contributions required to be paid by the  public  corporation  for  such
coverage  shall  be  paid  from such special or administrative fund. The
public corporation shall be authorized to pay directly to such  non-pro-
fit  membership  corporation  or to such insurance company, the total of
such appropriation and of such officer and employee deductions.
  2-A. PRIOR TO EXECUTING OR AMENDING A CONTRACT OR PLAN  THAT  PROVIDES
HEALTH  INSURANCE  TO  RETIRED  OFFICERS,  EMPLOYEES,  OR THEIR FAMILIES
PURSUANT TO SUBDIVISION TWO OF THIS SECTION, A PUBLIC CORPORATION  SHALL
GIVE  NINETY  DAYS NOTICE OF SUCH PROPOSED CONTRACT TO THE RETIRED OFFI-
CERS, EMPLOYEES, OR THEIR FAMILY MEMBERS  WHO  ARE  COVERED  UNDER  SUCH
CONTRACT.  THE  PUBLIC  CORPORATION  SHALL STATE IN THE NOTICE:  (A) THE
GENERAL TERMS OF THE PROPOSED CONTRACT OR AMENDMENT;  (B)  THE  LOCATION
WHERE  THE  COVERED RETIRED OFFICERS, EMPLOYEES, OR THEIR FAMILY MEMBERS
CAN OBTAIN THE FULL TEXT OF SUCH  PROPOSED  CONTRACT  OR  PLAN  AND  ANY
CHANGES  THERETO;  AND (C) ANY RELEVANT FINANCIAL INFORMATION INCLUDING,
BUT NOT LIMITED TO, THE COST OF THE  PROPOSED  CONTRACT  TO  THE  PUBLIC
CORPORATION  AND  THE  COST TO THE RETIRED OFFICERS, EMPLOYEES, OR THEIR
FAMILIES. THE NOTICE SHALL BE FORWARDED TO THE COVERED RETIRED OFFICERS,
EMPLOYEES, OR THEIR FAMILIES, AND SHALL ALSO BE POSTED IN A PUBLIC PLACE
AT THE OFFICES OF SUCH PUBLIC CORPORATION, ON ANY WEBSITE  PUBLISHED  OR
MAINTAINED  BY  THE  PUBLIC  CORPORATION, AND IN ANY OTHER PLACE LOCATED
WITHIN THE JURISDICTION OF SUCH PUBLIC CORPORATION WHERE PUBLIC  NOTICES
ARE GENERALLY PUBLISHED.
  S  2.  This  act  shall take effect immediately and shall apply to any
health insurance contract or plan entered into,  renewed,  modified,  or
amended on or after such effective date.