A06536 Summary:BILL NO A06536
SAME AS No same as
SPONSOR Abbate
COSPNSR
MLTSPNSR
Prohibits public employers from diminishing the health insurance benefits and
contributions of retired public employees in the New York state and local
employees' retirement system. Go to top A06536 Actions:BILL NO A06536
03/21/2011 referred to governmental employees 04/05/2011 reported referred to ways and means
Go to top A06536 Votes:There are no votes for this bill in the current legislative session. Go to top A06536 Memo:BILL NUMBER:A6536
TITLE OF BILL:
An act
prohibiting public employers from diminishing the health insurance
benefits and contributions of retired public employees in the New York
state and local employees' retirement system
PURPOSE:
This bill would protect public employee retirees from unilateral
changes in health insurance benefits or premium contributions by
their former public employers.
SUMMARY OF PROVISIONS:
The bill prohibits a public employer from diminishing the. health
insurance benefits provided to retirees and their dependents or
reducing the contributions which the public employer makes toward
these benefits, unless also making an equivalent change for active
employees.
EXISTING LAW:
Chapter 729 of the Laws of 1994, as last amended by Chapter 16 of the
Laws of 2005, provides this protection on a temporary basis for
retirees of school districts.
JUSTIFICATION:
Health insurance coverage is a critical issue for retirees, who often
face tremendous health care costs at a time of severely diminished
income. Continuation of health insurance after retirement is provided
for some retirees by statute and for some others by union contract.
This legislation seeks to protect health insurance coverage for all
public sector retirees. It provides that a public employer may not
unilaterally reduce benefit coverage or employer contributions unless
making a parallel reduction for active employees. This does not
prevent public employers from reducing benefits as a cost-cutting
measure, but does, in effect, require that any such reductions be the
result of union negotiations. Absent this, the Taylor Law prohibits
public employee unions from negotiating on behalf of retirees. A
similar law has protected school district retirees since 1994.
LEGISLATIVE HISTORY:
Similar to S.972 of 2003-04. See also Chapter 729 of the Laws of 1994
as amended by Chapter 16 of the Laws of 2005, and Veto #45 of 2005.
FISCAL IMPLICATIONS:
None. This is not a fiscal mandate, as the State remains free to
reduce health insurance costs either through amendments to the Civil
Service law or through public employee negotiations.
EFFECTIVE DATE: Immediately.
Go to top A06536 Text: S T A T E O F N E W Y O R K
________________________________________________________________________
6536
2011-2012 Regular Sessions
I N A S S E M B L Y
March 21, 2011
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT prohibiting public employers from diminishing the health insur-
ance benefits and contributions of retired public employees in the New
York state and local employees' retirement system
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 public employee retirees and their dependents or the
4 contributions such employer makes for such health insurance coverage
5 below the level of such benefits or contributions made on behalf of such
6 retirees and their dependents by such employer unless a corresponding
7 diminution of benefits or contributions is effected from the level of
8 benefits or contributions provided to a corresponding group of active
9 employees for such retirees.
10 S 2. For purposes of this act, "public employee retirees and their
11 dependents" shall mean retired members and dependents of the New York
12 state and local employees' retirement system.
13 S 3. For purposes of this act, "public employer" shall mean the
14 following: (i) the state; (ii) a county, city, town or village; (iii)
15 any governmental entity operating a college or university; (iv) a public
16 improvement or special district; (v) a public authority, commission or
17 public benefit corporation; or (vi) any other public corporation, agen-
18 cy, instrumentality or unit of government which exercises governmental
19 power under the laws of this state.
20 S 4. Nothing contained in this act shall supersede or diminish the
21 terms of a collective bargaining agreement.
22 S 5. Nothing contained in this act shall require a public employer
23 which does not provide health insurance benefits to retirees and their
24 dependents as of the effective date of this act to offer such benefits.
25 S 6. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10282-01-1
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