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.
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.
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.
