S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3765
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 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
 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07841-01-3
 A. 3765                             2
 
 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
 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
 A. 3765                             3
 
 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
 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
 A. 3765                             4
 
 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,
 2011. No premiums paid by retired state employees  in  excess  of  those
 consistent  with  the  provisions  of this act shall be refunded to such
 retired state employees.