S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  4305
                       2013-2014 Regular Sessions
                          I N  A S S E M B L Y
                            February 4, 2013
                               ___________
Introduced by M. of A. BRENNAN, BENEDETTO, ABBATE, BROOK-KRASNY, COLTON,
  GOTTFRIED, TITONE, JAFFEE, PEOPLES-STOKES, MILLMAN, RIVERA, ROSENTHAL,
  ROBINSON,  KAVANAGH,  GUNTHER,  BARRON,  CLARK, MILLER, ORTIZ, GIBSON,
  MOYA, STEVENSON -- Multi-Sponsored by  --  M.  of  A.  BOYLAND,  COOK,
  CUSICK, FARRELL, GLICK, V. LOPEZ, MAISEL, MALLIOTAKIS, PERRY, SWEENEY,
  WEISENBERG -- read once and referred to the Committee on Aging
AN  ACT  to  amend  the  elder law, in relation to eligibility under the
  program for elderly pharmaceutical insurance coverage
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Subdivision 3 of section 242 of the elder law is amended by
adding a new paragraph (i) to read as follows:
  (I)  AN  INDIVIDUAL  WHO  IS  DETERMINED TO BE ELIGIBLE FOR ASSISTANCE
UNDER THIS ARTICLE SHALL NOT BECOME INELIGIBLE BASED UPON INCOME  SOLELY
BECAUSE  OF  AN  INCREASE  IN  EITHER  A PUBLIC OR PRIVATE PENSION OR AN
INCREASE IN SOCIAL SECURITY BENEFITS AS PROVIDED UNDER FEDERAL LAW WHERE
SUCH INCREASE DOES NOT EXCEED THE CONSUMER PRICE INDEX (ALL ITEMS UNITED
STATES CITY AVERAGE) FOR SUCH YEAR.
  S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08213-01-3