Assembly Bill A7124

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

                                  7124

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to  amend  the  civil  service  law and the legislative law, in
  relation to certain benefits provided pursuant to collective  bargain-
  ing agreements

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

  Section 1. Subdivision 1 of section 167 of the civil service  law,  as
amended  by chapter 582 of the laws of 1988, paragraph (a) as amended by
section 7 of part T of chapter 56 of the laws of 2010 and paragraph  (b)
as  amended  by  chapter  317 of the laws of 1995, is amended to read as
follows:
  1.   (a) The full cost of premium  or  subscription  charges  for  the
coverage  of  retired  state employees who are enrolled in the statewide
and the supplementary health benefit plans established pursuant to  this
article  and who retired prior to January first, nineteen hundred eight-
y-three shall be paid by the state. Nine-tenths of the cost  of  premium
or  subscription charges for the coverage of state employees and retired
state employees retiring on or after  January  first,  nineteen  hundred
eighty-three  AND  PRIOR  TO  OCTOBER FIRST, TWO THOUSAND ELEVEN who are
enrolled in the statewide and supplementary health benefit  plans  shall
be  paid  by  the  state.  Three-quarters  of  the  cost  of  premium or
subscription charges for  the  coverage  of  dependents  of  such  state
employees  and  retired  state  employees  shall  be  paid by the state.
Except as provided in paragraph (b) of this subdivision, the state shall
contribute toward the premium or subscription charges for  the  coverage
of  each  state employee or retired state employee who is enrolled in an
optional benefit plan and for the dependents of such state  employee  or
retired state employee the same dollar amount which would be paid by the
state  for  the premium or subscription charges for the coverage of such
state employee or retired state employee and his or her dependents if he

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09303-03-3
              

A. 7124                             2

or she were enrolled in the statewide and the supplementary health bene-
fit plans, but not in excess of the premium or subscription charges  for
the coverage of such state employee or retired state employee and his or
her  dependents  under  such optional benefit plan. For purposes of this
subdivision, employees  of  the  state  colleges  of  agriculture,  home
economics,  industrial  labor  relations,  and  veterinary medicine, the
state agricultural experiment station at Geneva, and any other  institu-
tion or agency under the management and control of Cornell university as
the  representative  of the board of trustees of the state university of
New York, and employees of the  state  college  of  ceramics  under  the
management and control of Alfred university as the representative of the
board  of  trustees of the state university of New York, shall be deemed
to be state employees whose salaries or compensation are  paid  directly
by the state.
  (b)  Effective  January  first, nineteen hundred eighty-nine, notwith-
standing any other law, rule or regulation, and where, and to the extent
that, an agreement  between  the  state  and  an  employee  organization
entered into pursuant to article fourteen of this chapter so provides or
where and to the extent the employee health insurance council so directs
with  respect to any other state employees and for retired state employ-
ees retiring on or after January first,  nineteen  hundred  eighty-three
AND  PRIOR  TO  OCTOBER  FIRST,  TWO  THOUSAND  ELEVEN,  the state shall
contribute nine-tenths of the cost of premiums or  subscription  charges
for  coverage  of each such state employee or retired state employee who
is enrolled in an optional benefit plan and three-fourths of such premi-
um or subscription charges for dependents of  such  state  employees  or
retired   state  employees  enrolled  in  such  optional  benefit  plan;
provided, however, effective January first, nineteen hundred ninety-six,
the contribution rates for the hospitalization and medical components of
each optional benefit plan shall not exceed one hundred percent  of  the
dollar amount of the state's contribution toward the hospitalization and
medical  components  of individual and dependent coverage, respectively,
in the Empire Plan. In the case of state  employees  retiring  prior  to
January first, nineteen hundred eighty-three, the state shall contribute
one  hundred percent of the individual premium and three-fourths of such
premium for dependents  of  such  retired  employees  enrolled  in  such
optional  benefit  plan;  however,  these  contribution  rates shall not
exceed one hundred percent of the employer  dollar  amount  contribution
for individual and dependent coverage respectively in the Empire Plan.
  (C)  EFFECTIVE OCTOBER FIRST, TWO THOUSAND ELEVEN, NOTWITHSTANDING ANY
OTHER LAW, RULE OR REGULATION, AND WHERE, AND TO  THE  EXTENT  THAT,  AN
AGREEMENT  BETWEEN  THE  STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO
PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER SO  PROVIDES,  THE  STATE'S
CONTRIBUTION  FOR COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVER-
AGE OF STATE EMPLOYEES AND  RETIRED  STATE  EMPLOYEES  ENROLLED  IN  THE
STATEWIDE  AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSU-
ANT TO THIS ARTICLE OR AN OPTIONAL BENEFIT PLAN SHALL BE:
  (I) FOR STATE EMPLOYEES EMPLOYED IN A TITLE ALLOCATED  OR  EQUATED  TO
SALARY  GRADE  NINE  OR  BELOW,  THE STATE SHALL CONTRIBUTE EIGHTY-EIGHT
PERCENT OF THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR  SUCH  EMPLOYEES
ENROLLED  IN  THE  STATEWIDE  AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS
ESTABLISHED PURSUANT TO THIS ARTICLE FOR AN OPTIONAL  BENEFIT  PLAN  AND
SEVENTY-THREE  PERCENT  OF  THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR
DEPENDENTS OF SUCH STATE EMPLOYEES ENROLLED IN  THE  STATEWIDE  AND  THE
SUPPLEMENTARY  HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS ARTICLE
OR AN OPTIONAL BENEFIT PLAN; PROVIDED, HOWEVER,  THAT  THE  CONTRIBUTION

A. 7124                             3

RATES  FOR THE HOSPITALIZATION, MEDICAL, AND MENTAL HEALTH AND SUBSTANCE
ABUSE COMPONENTS OF EACH OPTIONAL BENEFIT  PLAN  SHALL  NOT  EXCEED  ONE
HUNDRED  PERCENT OF THE DOLLAR AMOUNT OF THE STATE'S CONTRIBUTION TOWARD
THE  HOSPITALIZATION,  MEDICAL,  AND  MENTAL  HEALTH AND SUBSTANCE ABUSE
COMPONENTS OF INDIVIDUAL AND DEPENDENT COVERAGE,  RESPECTIVELY,  IN  THE
EMPIRE PLAN.
  (II)  FOR  STATE EMPLOYEES EMPLOYED IN A TITLE ALLOCATED OR EQUATED TO
SALARY GRADE TEN  OR  ABOVE,  THE  STATE  SHALL  CONTRIBUTE  EIGHTY-FOUR
PERCENT  OF  THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR SUCH EMPLOYEES
ENROLLED IN THE STATEWIDE AND THE  SUPPLEMENTARY  HEALTH  BENEFIT  PLANS
ESTABLISHED  PURSUANT  TO  THIS  ARTICLE OR AN OPTIONAL BENEFIT PLAN AND
SIXTY-NINE PERCENT OF THE  COST  OR  PREMIUM  SUBSCRIPTION  CHARGES  FOR
DEPENDENTS  OF  SUCH  STATE  EMPLOYEES ENROLLED IN THE STATEWIDE AND THE
SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS  ARTICLE
OR  AN  OPTIONAL  BENEFIT PLAN; PROVIDED, HOWEVER, THAT THE CONTRIBUTION
RATES FOR THE HOSPITALIZATION, MEDICAL, AND MENTAL HEALTH AND  SUBSTANCE
ABUSE  COMPONENTS  OF  EACH  OPTIONAL  BENEFIT PLAN SHALL NOT EXCEED ONE
HUNDRED PERCENT OF THE DOLLAR AMOUNT OF THE STATE'S CONTRIBUTION  TOWARD
THE  HOSPITALIZATION,  MEDICAL,  AND  MENTAL  HEALTH AND SUBSTANCE ABUSE
COMPONENTS OF INDIVIDUAL AND DEPENDENT COVERAGE,  RESPECTIVELY,  IN  THE
EMPIRE PLAN.
  (III)  FOR RETIRED STATE EMPLOYEES RETIRING ON OR AFTER OCTOBER FIRST,
TWO THOUSAND ELEVEN AND BEFORE JANUARY FIRST, TWO THOUSAND  TWELVE,  THE
STATE  SHALL  CONTRIBUTE  EIGHTY-EIGHT  PERCENT  OF  THE COST OR PREMIUM
SUBSCRIPTION CHARGES FOR SUCH EMPLOYEES ENROLLED IN  THE  STATEWIDE  AND
THE  SUPPLEMENTARY  HEALTH  BENEFIT  PLANS  ESTABLISHED PURSUANT TO THIS
ARTICLE OR AN OPTIONAL BENEFIT PLAN AND  SEVENTY-THREE  PERCENT  OF  THE
COST  OR  PREMIUM  SUBSCRIPTION  CHARGES  FOR  DEPENDENTS  OF SUCH STATE
EMPLOYEES ENROLLED IN THE STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT
PLANS ESTABLISHED PURSUANT TO THIS ARTICLE OR AN OPTIONAL BENEFIT  PLAN;
PROVIDED,  HOWEVER, THAT THE CONTRIBUTION RATES FOR THE HOSPITALIZATION,
MEDICAL, AND MENTAL  HEALTH  AND  SUBSTANCE  ABUSE  COMPONENTS  OF  EACH
OPTIONAL BENEFIT PLAN SHALL NOT EXCEED ONE HUNDRED PERCENT OF THE DOLLAR
AMOUNT  OF THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZATION, MEDICAL,
AND MENTAL HEALTH AND  SUBSTANCE  ABUSE  COMPONENTS  OF  INDIVIDUAL  AND
DEPENDENT COVERAGE, RESPECTIVELY, IN THE EMPIRE PLAN.
  (IV)  FOR  RETIRED STATE EMPLOYEES RETIRING ON OR AFTER JANUARY FIRST,
TWO THOUSAND TWELVE FROM A TITLE ALLOCATED OR EQUATED  TO  SALARY  GRADE
NINE  OR  BELOW,  THE STATE SHALL CONTRIBUTE EIGHTY-EIGHT PERCENT OF THE
COST OR PREMIUM SUBSCRIPTION CHARGES FOR SUCH EMPLOYEES ENROLLED IN  THE
STATEWIDE  AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSU-
ANT TO THIS ARTICLE  OR  AN  OPTIONAL  BENEFIT  PLAN  AND  SEVENTY-THREE
PERCENT  OF  THE  COST OR PREMIUM SUBSCRIPTION CHARGES FOR DEPENDENTS OF
SUCH STATE EMPLOYEES ENROLLED IN THE  STATEWIDE  AND  THE  SUPPLEMENTARY
HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS ARTICLE OR AN OPTIONAL
BENEFIT  PLAN;  PROVIDED,  HOWEVER,  THAT THE CONTRIBUTION RATES FOR THE
HOSPITALIZATION, MEDICAL, AND MENTAL HEALTH AND SUBSTANCE  ABUSE  COMPO-
NENTS OF EACH OPTIONAL BENEFIT PLAN SHALL NOT EXCEED ONE HUNDRED PERCENT
OF THE DOLLAR AMOUNT OF THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZA-
TION, MEDICAL, AND MENTAL HEALTH AND SUBSTANCE ABUSE COMPONENTS OF INDI-
VIDUAL AND DEPENDENT COVERAGE, RESPECTIVELY, IN THE EMPIRE PLAN.
  (V)  FOR  RETIRED  STATE EMPLOYEES RETIRING ON OR AFTER JANUARY FIRST,
TWO THOUSAND TWELVE FROM A TITLE ALLOCATED OR EQUATED  TO  SALARY  GRADE
TEN OR ABOVE, THE STATE SHALL CONTRIBUTE EIGHTY-FOUR PERCENT OF THE COST
OR  PREMIUM  SUBSCRIPTION  CHARGES  FOR  SUCH  EMPLOYEES ENROLLED IN THE
STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED  PURSU-

A. 7124                             4

ANT  TO  THIS ARTICLE OR AN OPTIONAL BENEFIT PLAN AND SIXTY-NINE PERCENT
OF THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR DEPENDENTS OF SUCH STATE
EMPLOYEES ENROLLED IN THE STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT
PLANS  ESTABLISHED PURSUANT TO THIS ARTICLE OR AN OPTIONAL BENEFIT PLAN;
PROVIDED, HOWEVER, THAT THE CONTRIBUTION RATES FOR THE  HOSPITALIZATION,
MEDICAL,  AND  MENTAL  HEALTH  AND  SUBSTANCE  ABUSE  COMPONENTS OF EACH
OPTIONAL BENEFIT PLAN SHALL NOT EXCEED ONE HUNDRED PERCENT OF THE DOLLAR
AMOUNT OF THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZATION,  MEDICAL,
AND  MENTAL  HEALTH  AND  SUBSTANCE  ABUSE  COMPONENTS OF INDIVIDUAL AND
DEPENDENT COVERAGE, RESPECTIVELY, IN THE EMPIRE PLAN.
  (D) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION, FOR THE PREMIUM
OR SUBSCRIPTION CHARGES FOR THE  COVERAGE  OF  RETIRED  STATE  EMPLOYEES
RETIRING ON AND AFTER OCTOBER FIRST, TWO THOUSAND ELEVEN ENROLLED IN THE
STATEWIDE  AND  THE  SUPPLEMENTARY  HEALTH  BENEFIT PLANS OR AN OPTIONAL
BENEFIT PLAN ESTABLISHED PURSUANT TO THIS ARTICLE THE  STATE'S  CONTRIB-
UTION  RATE  FOR  INDIVIDUAL  AND  DEPENDENT  COVERAGE  SHALL  EQUAL THE
CONTRIBUTION RATE IN EFFECT ON THE DATE THAT THE STATE EMPLOYEE RETIRED;
IF, HOWEVER, SUCH RETIRED STATE EMPLOYEE'S SERVICE TERMINATED  PRIOR  TO
RETIREMENT  AND  SUCH  RETIRED  STATE  EMPLOYEE WAS ENTITLED TO A VESTED
RETIREMENT ALLOWANCE PURSUANT TO THE RETIREMENT AND SOCIAL SECURITY  LAW
ON THE DATE HIS OR HER SERVICE TERMINATED AND SUCH RETIRED STATE EMPLOY-
EE  MAINTAINED HIS OR HER ENROLLMENT IN THE STATEWIDE AND THE SUPPLEMEN-
TARY HEALTH BENEFIT PLANS OR AN OPTIONAL BENEFIT PLAN ESTABLISHED PURSU-
ANT TO THIS ARTICLE THE STATE'S CONTRIBUTION  RATE  FOR  INDIVIDUAL  AND
DEPENDENT  COVERAGE  SHALL  EQUAL THE CONTRIBUTION RATE IN EFFECT ON THE
DATE THAT SUCH RETIRED STATE EMPLOYEE'S  SERVICE  TERMINATED;  PROVIDED,
HOWEVER,  THAT  THE CONTRIBUTION RATES FOR THE HOSPITALIZATION, MEDICAL,
AND MENTAL HEALTH AND SUBSTANCE ABUSE COMPONENTS OF EACH OPTIONAL  BENE-
FIT  PLAN  SHALL  NOT EXCEED ONE HUNDRED PERCENT OF THE DOLLAR AMOUNT OF
THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZATION, MEDICAL, AND MENTAL
HEALTH AND SUBSTANCE ABUSE COMPONENTS OF INDIVIDUAL AND DEPENDENT COVER-
AGE, RESPECTIVELY, IN THE EMPIRE PLAN.
  S 2. Subdivision 8 of section 167 of the civil service law, as amended
by section 2 of part A of chapter 491 of the laws of 2011, is amended to
read as follows:
  8. Notwithstanding any inconsistent provision of law, where and to the
extent that an agreement between the state and an employee  organization
entered  into  pursuant to article fourteen of this chapter so provides,
the state cost of premium or subscription charges for eligible employees
covered by such agreement may be modified pursuant to the terms of  such
agreement. The president, with the approval of the director of the budg-
et, may extend the modified state cost of premium or subscription charg-
es  for STATE employees [or retirees] not subject to an agreement refer-
enced above and shall promulgate the necessary rules or  regulations  to
implement this provision.
  S 3. The legislative law is amended by adding a new section 49 to read
as follows:
  S  49.  LEGISLATION  IMPLEMENTING  COLLECTIVE  BARGAINING  AGREEMENTS.
LEGISLATION WHICH ENACTS OR AMENDS ANY PROVISION OF LAW FOR THE  PURPOSE
OF IMPLEMENTING AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZA-
TION  ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW
SHALL BE LIMITED TO THE PROVISIONS NECESSARY TO  IMPLEMENT  SUCH  AGREE-
MENT.
  S 4. This act shall take effect immediately provided that sections one
and two of this act shall be deemed to have been in effect on October 1,
2011.  All  premiums  paid by retired state employees in excess of those

A. 7124                             5

consistent with the provisions of this act shall  be  returned  to  such
retired  state employees, or to their estate, as the case may be, by the
comptroller as soon as practicable, but in no  event  later  than  sixty
days after such effective date.