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A05455 Summary:

BILL NOA05455A
 
SAME ASSAME AS S08220
 
SPONSORWeprin
 
COSPNSRBrindisi, Jaffee, Titone, Colton, Raia, Benedetto, Fahy, Skoufis, DiPietro, Bronson, Ortiz, Woerner, Santabarbara, Brabenec, Rozic, Malliotakis, Sepulveda, D'Urso, Smith
 
MLTSPNSRAbinanti, DenDekker, Englebright, Galef, Giglio, Gunther, Lavine, Mayer, McDonough, Montesano, Murray, Perry, Ra, Rivera, Skartados, Thiele, Zebrowski
 
 
Prohibits the diminution of health insurance benefits of public employee retirees and their dependents or reducing the employer's contributions for such insurance; defines employers to include the state, municipalities, school districts, and public authorities and commissions.
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A05455 Actions:

BILL NOA05455A
 
02/09/2017referred to governmental employees
01/03/2018referred to governmental employees
04/23/2018amend and recommit to governmental employees
04/23/2018print number 5455a
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A05455 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5455A
 
SPONSOR: Weprin (MS)
  TITLE OF BILL: An act to prohibit public employers from diminishing the health insur- ance benefits and contributions of certain retired public employees   PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit state and local governments from diminishing the health insurance benefits of retirees below the level of benefits that are in place 30 days after this act shall become law.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Prohibits the State and local governments from diminishing the health insurance benefits of retirees and their dependents, as well as the employer contribution toward such health insurance, below the level of benefits in place 30 days after this act shall take effect. This bill does not apply to school districts and BOCES because they have been recently covered under the current law. Section 2: Grants precedence to collective bargaining agreements. Section 3: Provides for future retirees from positions not subject to a collective bargaining agreement. Section 4: Ensures that a public employer which does not now offer health insurance benefits to retirees is not required to do so under this bill.   EXISTING LAW: Chapter 729 of the laws of 1994, as amended by Chapter 22 of the Laws of 2007 and the laws of 2009, prohibits school districts and BOCES from diminishing retiree health insurance benefits, unless there is a paral- lel diminution affecting active employees. Article XI of the Civil Service Law provides that retires from the State and participating agen- cies in the New York State Health Insurance Plan (NYSHIP) shall receive the same health insurance benefits as negotiated with active employees. There is no existing law protecting health insurance benefits of reti- rees from local governments   JUSTIFICATION: Given the increasing costs of health care, health insurance coverage is of tremendous importance to retirees and their dependents. Although there have been a number of attempts to protect retiree health coverage, there is no consistent standard for all retirees. Education retirees are now protected by a law. Some workers have retired under union contracts with stronger protections. Many retirees, however, have no protection. This bill creates a uniform standard of protection which applies to all retirees and their dependents, unless covered by a more favorable union contract.   PRIOR LEGISLATIVE HISTORY: A.7060-A held for consideration by ways and means in 2010 S.6029E in 2007 01/12/11 referred to governmental employees 01/04/12 referred to governmental employees 05/01/12 reported referred to ways and means   FISCAL IMPLICATIONS: None. This bill merely requires the State to continue the level of bene- fits which it is now providing.   EFFECTIVE DATE: 30 days after it shall have become law.
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A05455 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5455--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 9, 2017
                                       ___________
 
        Introduced  by  M. of A. WEPRIN, BRINDISI, JAFFEE, TITONE, COLTON, RAIA,
          BENEDETTO, FAHY, SKOUFIS, DiPIETRO, BRONSON, ORTIZ, WOERNER, SANTABAR-
          BARA, BRABENEC, ROZIC, MALLIOTAKIS, SEPULVEDA -- Multi-Sponsored by --
          M. of A. ABINANTI, DenDEKKER,  ENGLEBRIGHT,  GALEF,  GIGLIO,  GUNTHER,
          LAVINE,  MAYER,  McDONOUGH,  MONTESANO,  PERRY, RA, RIVERA, SKARTADOS,
          THIELE, ZEBROWSKI -- read  once  and  referred  to  the  Committee  on
          Governmental Employees -- recommitted to the Committee on Governmental
          Employees  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to prohibit public employers from diminishing the  health  insur-
          ance benefits and contributions of certain retired public employees
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. On and after the effective  date  of  this  act,  a  public
     2  employer shall be prohibited from diminishing the health insurance bene-
     3  fits provided to retirees, who retired before, on or after the effective
     4  date of this act, and their dependents or the contributions such employ-
     5  er  makes  for  such  health  insurance coverage below the level of such
     6  benefits or contributions made on behalf  of  such  retirees  and  their
     7  dependents by such employer as of the retiree's date of retirement.  For
     8  the purpose of this act, "public employer" shall mean the following: (i)
     9  the  state; (ii) a county, city, town or village; (iii) any governmental
    10  entity operating a college or university; (iv) a public  improvement  or
    11  special  district  including  police  or  fire  districts;  (v) a public
    12  authority, commission or public benefit corporation; or (vi)  any  other
    13  public  corporation, agency, instrumentality or unit of government which
    14  exercises governmental power under the laws of this  state.    The  term
    15  public  employer shall not include any school district, board of cooper-
    16  ative educational services, or vocational education and extension board.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09559-03-8

        A. 5455--A                          2
 
     1    § 2. Nothing contained in this act shall  supersede  or  diminish  the
     2  terms of a collective bargaining agreement.
     3    §  3. Notwithstanding the provisions of section one of this act to the
     4  contrary, a public employer shall be  prohibited  from  diminishing  the
     5  health  insurance  benefits  provided  to  retirees who retire after the
     6  effective date of this act from positions not subject  to  a  collective
     7  bargaining  agreement  and  their  dependents, or the contributions such
     8  employer makes for such health insurance coverage, below  the  level  of
     9  such  benefits  or  contributions  made on behalf of active employees in
    10  such positions as of the retiree's date of retirement.
    11    § 4. Nothing contained in this act shall  require  a  public  employer
    12  which  does  not provide health insurance benefits to retirees and their
    13  dependents as of the effective date of this act to offer such benefits.
    14    § 5. This act shall take effect on the thirtieth day  after  it  shall
    15  have become a law.
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