senate Bill S9347

2021-2022 Legislative Session

Relates to admissibility of extrinsic evidence in cases related to retiree health insurance

download bill text pdf

Sponsored By

Current Bill Status Via A10425 - Passed Senate & Assembly


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2022 returned to assembly
passed senate
3rd reading cal.1826
substituted for s9347
Jun 01, 2022 substituted by a10425
ordered to third reading cal.1826
committee discharged and committed to rules
May 18, 2022 referred to civil service and pensions

Co-Sponsors

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S9347 (ACTIVE) - Details

See Assembly Version of this Bill:
A10425
Law Section:
Civil Service Law
Laws Affected:
Add §157-a, Civ Serv L; add §702-c, Lab L

S9347 (ACTIVE) - Summary

Provides that extrinsic evidence shall be admissible to determine whether certain health insurance benefits are intended to vest beyond the term of a collective bargaining agreement.

S9347 (ACTIVE) - Sponsor Memo

S9347 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9347
 
                             I N  S E N A T E
 
                               May 18, 2022
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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 labor law, in relation  to
   clarifying  the  vesting of retiree health insurance within collective
   bargaining agreements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil service law is amended by adding a new section
 157-a to read as follows:
   § 157-A. ADMISSIBILITY OF EXTRINSIC EVIDENCE IN CASES RELATED TO RETI-
 REE HEALTH INSURANCE. WHENEVER A COLLECTIVE BARGAINING AGREEMENT BETWEEN
 AN EMPLOYEE ORGANIZATION AND A PUBLIC EMPLOYER, AS THOSE TERMS ARE  USED
 IN  THIS  CHAPTER,  REFERS  TO  A  HEALTH  INSURANCE BENEFIT FOR RETIRED
 EMPLOYEES, EXTRINSIC EVIDENCE SHALL BE ADMISSIBLE AND THE COURT OR OTHER
 FORUM MAY CONSIDER SUCH EVIDENCE TO DETERMINE  WHETHER  THE  PARTIES  TO
 THAT  AGREEMENT  INTENDED  FOR  THAT RETIREE HEALTH INSURANCE BENEFIT TO
 VEST IN THE RETIREES  BEYOND  THE  DURATIONAL  TERM  OF  THE  COLLECTIVE
 BARGAINING AGREEMENT AND, IF SO, TO WHAT EXTENT AND SCOPE.
   § 2. The labor law is amended by adding a new section 702-c to read as
 follows:
   §  702-C.    ADMISSIBILITY  OF  EXTRINSIC EVIDENCE IN CASES RELATED TO
 RETIREE HEALTH INSURANCE. WHENEVER  A  COLLECTIVE  BARGAINING  AGREEMENT
 BETWEEN  A  LABOR ORGANIZATION AND AN EMPLOYER REFERS TO A HEALTH INSUR-
 ANCE BENEFIT FOR RETIRED EMPLOYEES, EXTRINSIC EVIDENCE SHALL BE ADMISSI-
 BLE AND THE COURT OR OTHER FORUM MAY CONSIDER SUCH EVIDENCE TO DETERMINE
 WHETHER THE PARTIES TO THAT AGREEMENT INTENDED FOR THAT  RETIREE  HEALTH
 INSURANCE  BENEFIT TO VEST IN THE RETIREES BEYOND THE DURATIONAL TERM OF
 THE COLLECTIVE BARGAINING AGREEMENT AND,  IF  SO,  TO  WHAT  EXTENT  AND
 SCOPE.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15793-01-2

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