S T A T E O F N E W Y O R K
________________________________________________________________________
1862
2017-2018 Regular Sessions
I N S E N A T E
January 11, 2017
___________
Introduced by Sens. GOLDEN, BRESLIN, MARCHIONE -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05231-01-7
S. 1862 2
state employee or retired state employee and his or her dependents if he
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
S. 1862 3
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.
(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
S. 1862 4
STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSU-
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.
§ 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.
§ 3. The legislative law is amended by adding a new section 49 to read
as follows:
§ 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.
§ 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,
S. 1862 5
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, provided, however, that no interest
shall be paid thereon.
