Senate Bill S3854

                                
 
BILL NUMBER: S3854

SPONSOR: LANZA
 
TITLE OF BILL:

An act to prohibit public employers from diminishing the health insur-
ance benefits and contributions of certain retired public employees

 
PURPOSE OR GENERAL IDEA OF BILL:

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 SPECIFIC 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 paral-
lel diminution affecting active employees. Article XI of the Civil
Service Law provides that retires from the State and participating agen-
cies 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 reti-
rees from local governments.

 
JUSTIFICATION:

Given the increasing costs of health care, health insurance coverage is
of tremendous importance to retirees and their dependents.

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:

2018: S.8220 - Referred to Civil Service & Pensions/A.5455A - Referred
to Governmental Employees
2017: A.5455 - Referred to Governmental Employees
2016: S.3320 - Third Reading Calendar/A.3539 - Referred to Governmental
Employee
2015: S.3320 - Third Reading Calendar/A.3539 - Referred to Governmental
Employees
2014: S.3627 - Third Reading Calendar/A.902 - Referred to Governmental
Employees
2013: S.3627 - Referred to Civil Service & Pensions/A.902 - Referred to
Governmental Employees
2012: S.4371 - Referred to Civil Service & Pensions/A.2007 - Referred to
Ways & Means
2011: S.4371 - Referred to Civil Service & Pensions/A.2007 - Referred to
Governmental Employees
2010: S.5543A - Referred to Civil Service & Pensions/A.7060A - Referred
to Ways & Means
2009: S.5543 - Referred to Civil Service & Pensions/A.7060 - Referred to
Governmental Employees

 
FISCAL IMPLICATIONS:

None. This bill merely requires the State to continue the level of bene-
fits which it is now providing.

 
EFFECTIVE DATE:
30 days after it shall have become law.