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S04308 Summary:

BILL NOS04308
 
SAME ASSAME AS A04059
 
SPONSORGOUNARDES
 
COSPNSRJACKSON, SALAZAR
 
MLTSPNSR
 
Add §§396-a & 6257, Ed L
 
Relates to deductions from benefits of certain retired members.
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S04308 Actions:

BILL NOS04308
 
02/03/2021REFERRED TO CIVIL SERVICE AND PENSIONS
03/08/20211ST REPORT CAL.511
03/09/20212ND REPORT CAL.
03/10/2021ADVANCED TO THIRD READING
03/16/2021PASSED SENATE
03/16/2021DELIVERED TO ASSEMBLY
03/16/2021referred to governmental employees
06/02/2021substituted for a4059
06/02/2021ordered to third reading rules cal.306
06/02/2021passed assembly
06/02/2021returned to senate
11/29/2021DELIVERED TO GOVERNOR
12/10/2021SIGNED CHAP.669
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S04308 Committee Votes:

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S04308 Floor Votes:

DATE:06/02/2021Assembly Vote  YEA/NAY: 147/0
AbbateERClarkYFrontusYLalorYPaulinYSillittiY
AbinantiYColtonYGalefYLavineYPeoples-StokesYSimonY
AndersonYConradYGallagherYLawlerYPerryYSimpsonY
AngelinoYCookYGallahanYLemondesYPheffer AmatoYSmithY
AshbyYCruzYGandolfoYLunsfordYPichardoYSmullenY
AubryYCusickYGiglio JAYLupardoYPretlowYSolagesY
BarclayYCymbrowitzYGiglio JMYMagnarelliYQuartYSteckY
BarnwellYDarlingYGlickYMamdaniYRaYSternY
BarrettYDavilaYGonzalez-RojasYManktelowYRajkumarYStirpeY
BarronYDe La RosaYGoodellYMcDonaldYRamosYTagueY
BenedettoYDeStefanoYGottfriedYMcDonoughYReillyYTannousisY
BichotteYDickensYGriffinYMcMahonYReyesYTaylorY
BlankenbushYDilanYGuntherYMeeksYRichardsonYThieleY
BrabenecYDinowitzYHawleyYMikulinYRivera J YVanelY
BraunsteinYDiPietroYHevesiYMiller B YRivera JDYWalczykY
BronsonYDursoYHunterYMiller MLYRodriguezYWalkerY
BrownYEichensteinYHyndmanYMitaynesYRosenthal D YWallaceY
BurdickYEnglebrightYJacksonYMontesanoYRosenthal L YWalshY
BurgosYEpsteinYJacobsonYMorinelloYRozicYWeinsteinY
BurkeYFahyYJean-PierreYNiouYSalkaYWeprinY
ButtenschonYFallYJensenYNolanERSantabarbaraYWilliamsY
ByrneYFernandezYJonesYNorrisYSayeghYWoernerY
ByrnesYFitzpatrickYJoynerYO'DonnellYSchmittYZebrowskiY
CahillYForrestERKellesYOtisYSeawrightYZinermanY
CarrollYFriendYKimYPalmesanoYSeptimoYMr. SpeakerY

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S04308 Memo:

Memo not available
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S04308 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4308
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 3, 2021
                                       ___________
 
        Introduced  by  Sens.  GOUNARDES,  JACKSON,  SALAZAR  --  read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Civil Service and Pensions
 
        AN ACT to amend the education law, in relation to deductions of benefits
          of certain retired members

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section  396-a
     2  to read as follows:
     3    §  396-a.  Deductions  from  benefits  of  certain retired members. 1.
     4  Notwithstanding any other provision of law, an electing employee who  is
     5  retired from the optional retirement system shall have the right, at any
     6  time  after  such  electing employee's retirement, to execute and file a
     7  deduction authorization card with the  designated  insurer  or  insurers
     8  upon  audit  and  warrant  of the comptroller for employees of the state
     9  university and by the appropriate fiscal officer  for  employees  of  an
    10  electing  employer  authorizing the deduction from such electing employ-
    11  ee's retirement allowance of membership dues and such  electing  employ-
    12  ee's share of the cost for employee organization-sponsored benefit plans
    13  and  the payment thereof to a retiree organization of which the electing
    14  employee is then a member and which is then affiliated  with  either  an
    15  employee organization certified or recognized as the collective bargain-
    16  ing representative of all employees in the negotiating unit of which the
    17  electing  employee  was a part prior to his or her retirement or with an
    18  employee organization with which  such  employee  organization  is  then
    19  affiliated. The designated insurer or insurers upon audit and warrant of
    20  the  comptroller for employees of the state university and by the appro-
    21  priate fiscal officer for employees of an electing employer shall there-
    22  after deduct from the retirement allowance of such electing employee the
    23  amount of membership dues and such amounts required to be paid  by  such
    24  electing  employee  for  such authorized employee organization-sponsored
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08534-01-1

        S. 4308                             2
 
     1  benefit plans, and shall transmit the sum so deducted  to  said  retiree
     2  organization.  Such authorization shall continue in effect until revoked
     3  in writing by such electing employee. For purposes of this section,  the
     4  term  "employee  organization-sponsored benefit plans" shall include any
     5  and all insurance plans and/or other benefit  plans  sponsored  by  such
     6  retiree  organization  whether  provided  by (a) a not-for-profit corpo-
     7  ration licensed under article forty-three of the insurance law; (b)  any
     8  insurance  company authorized to do business in this state; (c) a health
     9  maintenance organization issued a certificate of authority  pursuant  to
    10  article  forty-four  of  the  public health law; or (d) a self-insurance
    11  arrangement, welfare fund or benefit fund.
    12    2. Notwithstanding any other  provision  of  law,  a  retired  elected
    13  employee  shall have the right, at any time after his or her retirement,
    14  to execute and file a deduction authorization card with  the  designated
    15  insurer  or  insurers  upon  audit  and  warrant  of the comptroller for
    16  employees of the state university and by the appropriate fiscal  officer
    17  for  employees of an electing employer authorizing the payment of volun-
    18  tary contributions to the political committee, as defined in subdivision
    19  one of section 14-100 of the election law, of such  electing  employee's
    20  employee organization, provided such organization is certified or recog-
    21  nized  pursuant  to  article  fourteen  of  the civil service law as the
    22  representative of all employees in the negotiating unit  in  which  such
    23  retired  electing  employee  was then employed. Such authorization shall
    24  continue in effect until revoked in writing by such  electing  employee.
    25  The  designated  insurer or insurers upon audit and warrant of the comp-
    26  troller for employees of the state university  and  by  the  appropriate
    27  fiscal officer for employees of an electing employer shall determine the
    28  cost  of  administering  deductions  for  voluntary contributions to the
    29  political  committee  and  the  cost  incurred  for  administering  such
    30  contributions shall be paid from the funds of the political committee.
    31    § 2. The education law is amended by adding a new section 6257 to read
    32  as follows:
    33    §  6257.  Deductions  from  benefits  of  certain  retired members. 1.
    34  Notwithstanding any other provision of law, a member who is retired from
    35  the board of higher education optional retirement program shall have the
    36  right, at any time after such member's retirement, to execute and file a
    37  deduction authorization card with the  designated  insurer  or  insurers
    38  upon audit and warrant of the comptroller authorizing the deduction from
    39  such  member's retirement allowance of membership dues and such member's
    40  share of the cost for employee organization-sponsored benefit plans  and
    41  the  payment  thereof  to  a retiree organization of which the member is
    42  then a member and which is  then  affiliated  with  either  an  employee
    43  organization certified or recognized as the collective bargaining repre-
    44  sentative  of  all employees in the negotiating unit of which the member
    45  was a part prior to his or her retirement or with an employee  organiza-
    46  tion  with  which  such  employee organization is then affiliated.   The
    47  designated insurer or insurers upon audit and warrant of the comptroller
    48  shall thereafter deduct from the retirement allowance of such member the
    49  amount of membership dues and such amounts required to be paid  by  such
    50  member  for  such  authorized  employee  organization-sponsored  benefit
    51  plans, and shall transmit the sum so deducted to said retiree  organiza-
    52  tion. Such authorization shall continue in effect until revoked in writ-
    53  ing  by  such  member.  For purposes of this section, the term "employee
    54  organization-sponsored benefit plans" shall include any and  all  insur-
    55  ance  plans  and/or other benefit plans sponsored by such retiree organ-
    56  ization whether provided by (a) a  not-for-profit  corporation  licensed

        S. 4308                             3
 
     1  under article forty-three of the insurance law; (b) any insurance compa-
     2  ny  authorized  to  do  business in this state; (c) a health maintenance
     3  organization issued a  certificate  of  authority  pursuant  to  article
     4  forty-four  of  the  public health law; or (d) a self-insurance arrange-
     5  ment, welfare fund or benefit fund.
     6    2. Notwithstanding any other provision of law, a retired member  shall
     7  have  the right, at any time after his or her retirement, to execute and
     8  file a deduction authorization  card  with  the  designated  insurer  or
     9  insurers  upon  audit  and  warrant  of  the comptroller authorizing the
    10  payment of  voluntary  contributions  to  the  political  committee,  as
    11  defined  in  subdivision  one  of section 14-100 of the election law, of
    12  such member's  employee  organization,  provided  such  organization  is
    13  certified  or  recognized  pursuant  to  article  fourteen  of the civil
    14  service law as the representative of all employees  in  the  negotiating
    15  unit  in which such retired member was then employed. Such authorization
    16  shall continue in effect until revoked in writing by  such  member.  The
    17  designated insurer or insurers upon audit and warrant of the comptroller
    18  shall  determine  the  cost  of  administering  deductions for voluntary
    19  contributions to the political  committee  and  the  cost  incurred  for
    20  administering  such  contributions  shall  be paid from the funds of the
    21  political committee.
    22    § 3. This act shall take effect one year after it shall have become  a
    23  law.
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S04308 LFIN:

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S04308 Chamber Video/Transcript:

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