The New York State Senate

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

                                 5455--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2017
                               ___________

Introduced  by  M. of A. WEPRIN, BRINDISI, JAFFEE, TITONE, COLTON, RAIA,
  BENEDETTO, FAHY, SKOUFIS, DiPIETRO, BRONSON, ORTIZ, WOERNER, SANTABAR-
  BARA, BRABENEC, ROZIC, MALLIOTAKIS, SEPULVEDA -- Multi-Sponsored by --
  M. of A. ABINANTI, DenDEKKER,  ENGLEBRIGHT,  GALEF,  GIGLIO,  GUNTHER,
  LAVINE,  MAYER,  McDONOUGH,  MONTESANO,  PERRY, RA, RIVERA, SKARTADOS,
  THIELE, ZEBROWSKI -- read  once  and  referred  to  the  Committee  on
  Governmental Employees -- recommitted to the Committee on Governmental
  Employees  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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, who retired before, on or after the effective
date of this act, and their dependents or the contributions such employ-
er  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 retiree's date of retirement.  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, or vocational education and extension board.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09559-03-8

A. 5455--A                          2

  § 2. Nothing contained in this act shall  supersede  or  diminish  the
terms of a collective bargaining agreement.
  §  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
such  benefits  or  contributions  made on behalf of active employees in
such positions as of the retiree's date of retirement.
  § 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.
  § 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.