senate Bill S4112

2013-2014 Legislative Session

Relates to determination of state contribution for certain benefits provided pursuant to collective bargaining agreements

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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
Mar 03, 2014 reported and committed to finance
Jan 08, 2014 referred to civil service and pensions
Apr 22, 2013 reported and committed to finance
Mar 08, 2013 referred to civil service and pensions

Votes

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Mar 3, 2014 - Civil Service and Pensions committee Vote

S4112
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)

Apr 22, 2013 - Civil Service and Pensions committee Vote

S4112
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Civil Service and Pensions Committee Vote: Apr 22, 2013

aye wr (1)
excused (1)

Co-Sponsors

S4112 - Bill Details

See Assembly Version of this Bill:
A7124
Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Amd §167, Civ Serv L; add §49, Leg L

S4112 - Bill Texts

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Relates to determination of state contribution for certain benefits provided pursuant to collective bargaining agreements.

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BILL NUMBER:S4112

TITLE OF BILL: An act to amend the civil service law and the
legislative law, in relation to certain benefits provided pursuant to
collective bargaining agreements

PURPOSE: To establish the State's contribution rate toward the
premium charges for current State employees and retired State
employees enrolled in a health insurance program under NYSHIP and to
provide that any bill introduced to implement the terms of a
collective bargaining agreement shall be limited to provisions
necessary for the implementation of the collective bargaining
agreement.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Civil Service Law section 167 to
establish the State's contribution rates toward health insurance
premiums under the New York State Health Insurance Program (NYSHIP).

Section 167(1)(a) is amended to establish the State's contribution
rate toward the Empire Plan's premium or subscription charges for
retired State employees who retired before October 1, 2011 and are
enrolled in the Empire Plan. Civil Service Law section 167(1)(b) is
similarly amended to establish the State's contribution rate toward
the optional health plan's premium or subscription charges for retired
State employees who retired before October 1, 2011 and are enrolled in
any such plan.

A new paragraph (c) is added to Civil Service Law section 167(1) to
codify the current regulations promulgated by the President of the
Civil Service Commission regarding the State's contribution rates for
NYSHIP premiums for active State employees beginning on October 1,
2011 and for retirees who retired on and after October 1, 2011(4 NYCRR
73.3).

A new paragraph (d) is added to Civil Service Law section 167(1) to
provide that for State employees who retire on and after January 1,
2012, the State's contribution rate for NYSHIP shall be the same as
the rate on the employee's retirement date. For state employees
entitled to a vested retirement allowance that separate from service
on and after January 1, 2012, maintain continuous enrollment in
NYSHIP, and subsequently retire, the State's contribution rate shall
be the same as the rate on the date that such retiree separated from
service.

Section 2 of the bill amends Civil Service Law section 167(8) to
provide that the President of the Civil Service Commission may extend
the State's NYSHIP contribution rates to current State employees.
Currently, these rates may be extended to current State employees and
retirees.

Section 3 of the bill amends the Legislative law by adding a new
section 49 to provide that legislation that is introduced for the
purpose of implementing a collective bargaining agreement entered into


pursuant to the Taylor Law shall be limited to provisions necessary to
implement the collective bargaining agreement.

Section 4 of the bill provides that 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 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.

EXISTING LAW: Currently, the State's contribution rates for NYSHIP
are established by either a collective bargaining agreement entered
into pursuant to the Taylor Law or by regulation promulgated by the
President of the Civil Service Commission. Such regulation may extend
the collectively bargained contribution rate to current State
employees who are not represented by a collective bargaining agreement
and retirees.

JUSTIFICATION: When Civil Service Law section 167 was enacted, the
State's health insurance contribution rate for current State employees
and retirees was the same and set forth by section 167. When the
State's contribution rate changed in 1983 from 100% to 90%, section
167 was amended to establish the new rates for current State employees
and former State employees who retired on or after January 1, 1983;
there was no contribution rate change for former State employees who
retired before January 1, 1983. These rates did not change until 2011
when the Legislature approved the collective bargaining agreement
between the State and the Civil Service Employees Association (CSEA).

In addition to enacting provisions of the collective bargaining
agreement between the State and CSEA, Chapter 491 of the Laws of 2011
also amended Civil Service Law section 167(8). This amendment made
significant changes to the health insurance contribution rates and
granted the President of the Civil Service Commission power to extend
the collectively negotiated contribution rates by regulation, with the
consent of the Director of the Budget, for State employees not covered
by a collective bargaining agreement and retirees. This power, which
notwithstands any inconsistent provision of law, removed the ability
of the Legislature to set the contribution rates for State employees
not covered by a collective bargaining agreement and retirees and
allowed such rates to be established administratively. Unfortunately,
the legislative history for Chapter 491 is devoid of any legislative
intent regarding the amendments to subdivision 8. Pursuant to the
rules of statutory construction, it is assumed that the Legislature
intended to afford the President the right to establish Contribution
rates for State employees not covered by a collective bargaining
agreement and retirees. See, Matter of Retired Public Employees
Association, Inc. v. Cuomo, _____ Misc. 3rd _____ (December 17,
2012).

Pursuant to the power granted to the President of the Civil Service
Commission, the President established the contribution rates by
regulation (4 NYCRR 73.3). By regulation, the President applied the
collectively negotiated to State employees and retirees who retired on
or after January 1, 1983. The 1983 amendments to the contribution


rates evidence the intent of the Legislature to hold harmless retirees
who retired before the effective date of the contribution rate
changes. The President did not hold retirees harmless.

The Taylor Law affords employee organizations the right to
collectively bargain on behalf of their members. The overwhelming
majority of the retirees who retired after January 1, 1983 and before
January 1, 2011 were not active State employees during the collective
bargaining process and, thus, the State and the employee organizations
were without power to bargain with respect to such retirees. See,
Chemical Workers v. Pittsburgh Glass, 404 U.S. 157 (1971) and Della
Rocco v. Schenectady, 252 A.D.2d 82 (3d Dept. 1998). When the
Legislature afforded the President the power to establish contribution
rates, the Legislature may have believed that the President would
follow the existing statutory scheme and hold retirees harmless.

This bill clarifies the Legislature's intent regarding the State's
contribution to the NYSHIP premiums for retired State employees and
ensures that such intent cannot be altered by regulation.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: TO be determined

EFFECTIVE DATE: 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 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.

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

                                  4112

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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

S. 4112                             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

S. 4112                             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-

S. 4112                             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

S. 4112                             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.

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