senate Bill S3627

2013-2014 Legislative Session

Prohibits the diminution of health insurance benefits of certain public employee retirees

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Mar 05, 2014 advanced to third reading
Mar 04, 2014 2nd report cal.
Mar 03, 2014 1st report cal.221
Jan 08, 2014 referred to civil service and pensions
Feb 07, 2013 referred to civil service and pensions

Votes

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Mar 3, 2014 - Civil Service and Pensions committee Vote

S3627
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Civil Service and Pensions Committee Vote: Mar 3, 2014

aye wr (1)

Co-Sponsors

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S3627 - Bill Details

See Assembly Version of this Bill:
A902
Current Committee:
Law Section:
Retirement
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4371, A2007
2009-2010: S5543A, A7060A

S3627 - Bill Texts

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Prohibits the diminution of health insurance benefits of public employee retirees and their dependents or reducing the employer's contributions for such insurance; defines employers to include the state, municipalities, school districts, and public authorities and commissions.

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BILL NUMBER:S3627

TITLE OF BILL: An act to prohibit public employers from diminishing the
health insurance benefits and contributions of certain retired public
employees

PURPOSE: This bill would prohibit state and local governments from
diminishing the health insurance benefits of retirees below the level of
benefits that are in place 30 days after this act shall become law.

SUMMARY OF PROVISIONS:

Section 1: Prohibits the State and local governments from diminishing
the health insurance benefits of retirees and their dependents, as well
as the employer contribution toward such health insurance, below the
level of benefits in place 30 days after this act shall take effect.
This bill does not apply to school districts and BOCES because they have
been recently covered under the current law.

Section 2: Grants precedence to collective bargaining agreements.

Section 3: Provides for future retirees from positions not subject to a
collective bargaining agreement.

Section 4: Ensures that a public employer which does not now offer
health insurance benefits to retirees is not required to do so under
this bill.

EXISTING LAW: Chapter 729 of the laws of 1994, as amended by Chapter 22
of the Laws of 2007 and the laws of 2009, prohibits school districts and
BOCES from diminishing retiree health insurance benefits, unless there
is a parallel diminution affecting active employees. Article XI of the
Civil Service Law provides that retires from the State and participating
agencies in the New York State Health Insurance Plan (NYSHIP) shall
receive the same health insurance benefits as negotiated with active
employees. There is no existing law protecting health insurance benefits
of retirees from local governments.

JUSTIFICATION: Given the increasing costs of health care, health insur-
ance coverage is of tremendous importance to retirees and their depen-
dents. Although there have been a number of attempts to protect retiree
health coverage, there is no consistent standard for all retirees.
Education retirees are now protected by a law. Some workers have retired
under union contracts with stronger protections. Many retirees, however,
have no protection. This bill creates a uniform standard of protection
which applies to all retirees and their dependents, unless covered by a
more favorable union contract.

PRIOR LEGISLATIVE HISTORY: 2012: S.4371 - Referred to Civil Service and
Pensions / A.2007 - Referred to Ways and Means 2011: S.4371 - Referred

to Civil Service and Pensions / A.2007 - Referred to Governmental
Employees

FISCAL IMPLICATIONS: None. This bill merely requires the State to
continue the level of benefits which it is now providing.

EFFECTIVE DATE: 30 days after enactment.

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

                                  3627

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

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.
                                                           LBD02918-01-3

S. 3627                             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.

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