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

                                  9715

                          I N  A S S E M B L Y

                              April 5, 2016
                               ___________

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

AN  ACT  to amend the civil service law, in relation to health insurance
  buyout programs

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

  Section 1. Section 161 of the civil service law is amended by adding a
new subdivision 4 to read as follows:
  4.  NOTWITHSTANDING  ANY  LAW, RULE OR REGULATION TO THE CONTRARY, THE
PRESIDENT SHALL NOT  BY  RULE,  REGULATION,  POLICY  MEMO  OR  OTHERWISE
PRECLUDE, PREVENT OR IN ANY WAY DENY A PARTICIPATING AGENCY OR A PARTIC-
IPATING  EMPLOYER, INCLUDING ANY PUBLIC AUTHORITY, PUBLIC BENEFIT CORPO-
RATION, SCHOOL DISTRICT, DISTRICT  CORPORATION,  MUNICIPAL  CORPORATION,
MUNICIPALITY,  COUNTY,  COMMUNITY  COLLEGE,  PUBLIC  AUTHORITY, BOARD OF
COOPERATIVE EDUCATIONAL SERVICES  (BOCES),  VOCATIONAL  EDUCATIONAL  AND
EXTENSION  BOARD,  OR  OTHER  PUBLIC AGENCY, SUBDIVISION OR QUASI-PUBLIC
ORGANIZATION WHICH  ELECTS  TO  INCLUDE  ITS  EMPLOYEES  AND/OR  RETIRED
EMPLOYEES  IN THE PLAN FROM ENTERING INTO A COLLECTIVE BARGAINING AGREE-
MENT OR FROM ESTABLISHING A PRACTICE WITH A BARGAINING UNIT OF EMPLOYEES
REPRESENTED BY THAT PARTICIPATING AGENCY OR PARTICIPATING  EMPLOYER,  OR
FROM  IMPLEMENTING AN EXISTING COLLECTIVE BARGAINING AGREEMENT OR ESTAB-
LISHED PRACTICE WHERE SUCH COLLECTIVE  BARGAINING  AGREEMENT  OR  ESTAB-
LISHED  PRACTICE  PROVIDES  FOR  A HEALTH INSURANCE BUYOUT PROGRAM. SUCH
HEALTH INSURANCE BUYOUT PROGRAMS SHALL BE CONSIDERED  TERMS  AND  CONDI-
TIONS  OF  EMPLOYMENT  UNDER  THE PUBLIC EMPLOYEES' FAIR EMPLOYMENT ACT.
HEALTH INSURANCE BUYOUTS MADE PURSUANT  TO  ANY  SUCH  HEALTH  INSURANCE
BUYOUT  PROGRAM  MAY BE MADE NOTWITHSTANDING THAT THE EMPLOYEE RECEIVING
THE BUYOUT AND HIS OR HER SPOUSE BOTH ARE ENROLLED  IN  NEW  YORK  STATE
HEALTH  INSURANCE  PLAN (NYSHIP) OR ANY PLAN ASSOCIATED WITH OR ADMINIS-
TERED BY NYSHIP. SIMILARLY, WHERE SUCH BUYOUTS  HAVE  BEEN  COLLECTIVELY
BARGAINED  AND/OR  ESTABLISHED BY PAST PRACTICE, PARTICIPATION IN HEALTH
INSURANCE BUYOUT PROGRAMS SHALL NOT BE DENIED TO  RETIRED  EMPLOYEES  ON
THE  BASIS  THAT  THE RETIRED EMPLOYEE'S SPOUSE IS ENROLLED IN NYSHIP OR
ANY PLAN ASSOCIATED WITH OR ADMINISTERED BY NYSHIP.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD14785-01-6