The New York State Senate

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

                                   902

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. ABINAN-
  TI, COLTON,  DenDEKKER,  GABRYSZAK,  GIGLIO,  GRAF,  GUNTHER,  LAVINE,
  MARKEY,  MONTESANO,  RA, RIVERA, SALADINO, SCHIMEL, STEVENSON, WEISEN-
  BERG, ZEBROWSKI -- read once and referred to the Committee on  Govern-
  mental Employees

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

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

                                                           LBD02918-01-3

A. 902                              2

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
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.