NY State Senate Bill S3854

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to civil service and pensions
Jun 20, 2019	committed to rules
Mar 25, 2019	advanced to third reading
Mar 20, 2019	2nd report cal.
Mar 19, 2019	1st report cal.314
Feb 20, 2019	referred to civil service and pensions

Votes

view votes

Mar 19, 2019 - Civil Service and Pensions committee Vote

S3854

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S3854 (ACTIVE) - Details

See Assembly Version of this Bill:: A4203
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5543, A7060
2011-2012: S4371, A2007
2013-2014: S3627, A902
2015-2016: S3320, A3539
2017-2018: S8220, A5455
2021-2022: S5030
2023-2024: S4191

S3854 (ACTIVE) - Summary

Prohibits the diminution of health insurance benefits of public employee retirees and their dependents or reducing the employer's contributions for such insurance; defines employers to include the state, municipalities, school districts, and public authorities and commissions.

S3854 (ACTIVE) - Sponsor Memo

 
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.

S3854 (ACTIVE) - Bill Text download pdf


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

                                  3854

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 20, 2019
                               ___________

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

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.
  § 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08418-01-9

S. 3854                             2

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.

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The New York State Senate

senate Bill S3854

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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Votes

Mar 19, 2019 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: Mar 19, 2019

Co-Sponsors

S3854 (ACTIVE) - Details

S3854 (ACTIVE) - Summary

S3854 (ACTIVE) - Sponsor Memo

S3854 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3854

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Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Your Voice

Actions

Votes

Mar 19, 2019 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: Mar 19, 2019

Co-Sponsors

S3854 (ACTIVE) - Details

S3854 (ACTIVE) - Summary

S3854 (ACTIVE) - Sponsor Memo

S3854 (ACTIVE) - Bill Text download pdf

Comments