Relates to protecting retiree health insurance benefits; provides that the health insurance benefits provided to retired officers, employees, and their dependents by the state and its political subdivisions shall not be diminished or impaired below the actuarial value of the benefits provided as of December thirty-first, two thousand twenty-one.
S T A T E O F N E W Y O R K
________________________________________________________________________
9637
I N A S S E M B L Y
January 21, 2026
___________
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, in relation to protecting retiree
health insurance benefits
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
165-b to read as follows:
§ 165-B. RETIREE HEALTH INSURANCE BENEFITS. 1. THE HEALTH INSURANCE
BENEFITS PROVIDED TO RETIRED OFFICERS, EMPLOYEES, AND THEIR DEPENDENTS
BY THE STATE AND ITS POLITICAL SUBDIVISIONS SHALL NOT BE DIMINISHED OR
IMPAIRED BELOW THE ACTUARIAL VALUE OF THE BENEFITS PROVIDED AS OF DECEM-
BER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. NOTHING IN THIS SECTION SHALL
PRECLUDE AN EMPLOYER AND EMPLOYEE ORGANIZATION FROM NEGOTIATING CHANGES
THAT PROVIDE EQUAL OR GREATER VALUE OF BENEFITS.
2. THE PROTECTIONS PROVIDED BY THIS SECTION SHALL APPLY FULLY TO ALL
INDIVIDUALS RETIRED AS OF THE EFFECTIVE DATE OF THIS SECTION. FOR INDI-
VIDUALS RETIRING AFTER THE EFFECTIVE DATE OF THIS SECTION, EMPLOYERS AND
EMPLOYEE ORGANIZATIONS MAY NEGOTIATE ALTERNATIVE RETIREE HEALTH BENEFIT
STRUCTURES, PROVIDED SUCH AGREEMENTS ARE EXPLICIT AND PROSPECTIVE.
3. NO AGREEMENT ALTERING RETIREE HEALTH BENEFITS SHALL TAKE EFFECT
UNLESS NOTICE AND CONSULTATION HAS BEEN PROVIDED TO:
(A) A STATEWIDE ORGANIZATION REPRESENTING RETIRED OFFICERS AND EMPLOY-
EES OF THE STATE AND ITS POLITICAL SUBDIVISIONS WHO ARE ENROLLED IN THE
HEALTH BENEFIT PLAN AUTHORIZED BY THIS ARTICLE; AND
(B) ANY LOCAL RETIREE ORGANIZATION RECOGNIZED BY A COUNTY, MUNICI-
PALITY, OR SCHOOL DISTRICT EMPLOYER THAT REPRESENTS RETIRED OFFICERS AND
EMPLOYEES WITHIN THAT JURISDICTION ENROLLED IN THE HEALTH BENEFIT PLAN
AUTHORIZED BY THIS ARTICLE.
4. EMPLOYERS MAY ADOPT ALTERNATIVE PLAN DESIGNS, PROVIDED THAT RETI-
REES' ANNUAL OUT-OF-POCKET COSTS, INCLUDING PREMIUMS, DEDUCTIBLES, AND
COPAYMENTS, SHALL NOT EXCEED THE LIMITS IN EFFECT AS OF DECEMBER THIR-
TY-FIRST, TWO THOUSAND TWENTY-ONE, UNLESS OFFSET BY EMPLOYER-FUNDED
ACCOUNTS OR EQUIVALENT SUBSIDIES.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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