S T A T E O F N E W Y O R K
________________________________________________________________________
959--A
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. JACKSON, ADDABBO -- read twice and ordered printed,
and when printed to be committed to the Committee on Civil Service and
Pensions -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the civil service law, in relation to establishing the
disability benefits maximization and assistance program to assist
eligible state retirees in obtaining certain disability 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 article 15
to read as follows:
ARTICLE XV
DISABILITY BENEFITS MAXIMIZATION AND ASSISTANCE PROGRAM
SECTION 300. DEFINITIONS.
301. PURPOSE.
302. ESTABLISHMENT OF THE DISABILITY BENEFITS MAXIMIZATION AND
ASSISTANCE PROGRAM.
303. INVESTMENT OF SAVINGS.
§ 300. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL RETIRED FROM STATE
SERVICE ELIGIBLE FOR BENEFITS PURSUANT TO ARTICLE ELEVEN OF THIS CHAP-
TER.
2. "PROGRAM" MEANS THE DISABILITY BENEFITS MAXIMIZATION AND ASSISTANCE
PROGRAM ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
§ 301. PURPOSE. PERSONS WHO ARE UNDER AGE SIXTY-FIVE AND DISABLED ARE
FREQUENTLY ELIGIBLE FOR, BUT NOT RECEIVING SOCIAL SECURITY DISABILITY
INSURANCE AND DISABILITY BENEFITS. THE DISABILITY BENEFITS MAXIMIZATION
AND ASSISTANCE PROGRAM IS DESIGNED TO ENSURE THAT ELIGIBLE RETIREES ARE
ABLE TO ACCESS ALL BENEFITS AVAILABLE TO THEM. THE BENEFITS ACCRUE NOT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02968-05-5
S. 959--A 2
JUST TO THE RETIREE, BUT TO THE STATE IN ENSURING THAT MEDICARE SERVES
AS THE PRIMARY PAYER FOR ELIGIBLE PERSONS.
§ 302. ESTABLISHMENT OF THE DISABILITY BENEFITS MAXIMIZATION AND
ASSISTANCE PROGRAM. 1. THE COMMISSIONER SHALL ESTABLISH WITHIN THE
DEPARTMENT A DISABILITY BENEFITS MAXIMIZATION AND ASSISTANCE PROGRAM
WHICH SHALL BE DESIGNED TO IDENTIFY STATE RETIREES ELIGIBLE FOR BUT NOT
RECEIVING SOCIAL SECURITY DISABILITY INSURANCE AND MEDICARE COVERAGE.
2. ELEMENTS OF THE PROGRAM SHALL INCLUDE:
(A) CONDUCTING AN ONGOING CLAIMS ANALYSIS OF RETIREES FOR THE PURPOSE
OF IDENTIFYING INDIVIDUALS WHO MAY BE ELIGIBLE FOR SOCIAL SECURITY DISA-
BILITY INSURANCE BENEFITS AND ARE NOT YET RECEIVING THEM;
(B) ASSISTING ANY INDIVIDUAL WHOSE CLAIMS HISTORY AND SOCIAL SECURITY
ELIGIBILITY QUALIFY SUCH INDIVIDUAL TO APPLY FOR AND BE AWARDED SOCIAL
SECURITY DISABILITY. SUCH ASSISTANCE SHALL INCLUDE THE FOLLOWING:
(I) DEVELOPING COMMUNICATION MATERIALS TO EDUCATE STATE RETIREES ABOUT
SOCIAL SECURITY DISABILITY INSURANCE BENEFITS;
(II) PERFORMING OUTREACH TO POPULATIONS TARGETED BY CLAIMS ANALYSIS;
(III) ANALYZING RESPONSES TO DETERMINE SOCIAL SECURITY DISABILITY
INSURANCE BENEFIT ELIGIBILITY;
(IV) REPRESENTING QUALIFIED INDIVIDUALS WITH THEIR CLAIM OR CLAIMS TO
QUALIFY FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS ENROLLMENT;
(V) MONITORING THE PROGRAM THROUGH REPORTING REQUIREMENTS AND OTHER
MEANS TO ENSURE CONTRACT PERFORMANCE AND QUALITY DELIVERY OF SERVICES;
AND
(VI) MONITORING THE QUALITY OF SERVICES DELIVERED TO PARTICIPANTS
THROUGH OUTCOME MEASUREMENTS.
3. UNDER NO CIRCUMSTANCES SHALL AN INDIVIDUAL ELIGIBLE FOR THIS
PROGRAM EXPERIENCE ANY ADVERSE CHANGE IN HEALTH BENEFITS OR OTHER BENE-
FITS AS A RESULT OF PARTICIPATING IN THIS PROGRAM. NO INDIVIDUAL SHALL
BE REQUIRED TO TRANSFER TO MEDICARE AS A RESULT OF PARTICIPATING IN THIS
PROGRAM.
4. THE COMMISSIONER SHALL PROVIDE THE DEPARTMENT AND THE LEGISLATURE
WITH AN ANNUAL REPORT SHOWING THE NUMBER OF STATE RETIREES WHO HAVE
TRANSITIONED TO SOCIAL SECURITY DISABILITY INSURANCE AND MEDICARE AND
THE AMOUNT OF SAVINGS REALIZED BY THE PROGRAM.
§ 303. INVESTMENT OF SAVINGS. THE STATE SHALL INVEST ANY NET SAVINGS
REALIZED FROM THE PROGRAM BACK INTO THE NEW YORK STATE HEALTH INSURANCE
PROGRAM FOR THE PURPOSE OF ELIMINATING OR LIMITING THE IMPACT OF ANY
PREMIUM RATE OR OTHER COST INCREASES THAT WOULD BE THE RESPONSIBILITY OF
AN EMPLOYEE OR RETIREE.
§ 2. This act shall take effect April 1, 2025; provided, however, if
this act shall have become a law after such date it shall take effect
immediately and shall be deemed to have been in full force and effect on
and after such date.