2008 Legislative Bills of Interest to Our Members :
S6650 / A9942: Relates to extending certain provisions of chapter 729 of 1994 relating to health insurance benefits and contributions of retired employees of school districts. Signed into law on 4-07-2008.
S6457a / A9393a: Establishes a task force on retiree health insurance protection to prepare a report on cost-effective strategies for protecting adequate and affordable health insurance for retired public employees and their dependents. In addition it would have protected their health benefits as in S6650 / A9942. Retired police officers and firefighters were not included in this legislation. This bill was vetoed on 9-04-2008. Veto message 113 is listed at rhe bottom of this page. As a result of this legislation and noted in the veto message a task force will be established in the 2009 legislative session.
S6648 / A11851: Prohibits the diminution of health insurance benefits of certain public employee retirees and their dependents or reducing the employer`s contributions for such insurance from May 1, 2008 until May 15, 2009; defines retirees as retired members of the NYS and local police and fire retirement system or the New York state and local employees` retirement system who retires from police or fire service that qualifies under section 302 of the retirement and social security law or a retiree of the NYC fire department pension fund who was represented by the collective bargaining unit of Local 854 I.A.F.F. This bill died in committee.
S8463 / A11851: Creates a task force on retiree health insurance protection to recommend cost-effective strategies for protecting adequate and affordable health insurance for retired public employees and their dependents. Retired police officers and firefighters were included in this legislation to be protected and would have appointed the President of the NYPFRA to the Task Force. This legislation died in the Senate Rules committee.
S7990 / A10252a: Increases the mandatory retirement age from sixty-two to sixty-five of police officers and firefighters who have elected to contribute to the New York State and Local Police and Fire Retirement System. Signed into law on 9-25-08.
S8105 / A10718: Provides cost-of-living adjustments; further provides that effective the first day of September, 2008, the cost-of-living percentage shall equal one hundred percent of the annual inflation. It would have increased from 50% to 100% of the CPI. This legislation died in Senate Civil Service and Pensions Committee.
S7862a / A8373a: Provides a cost-of-living adjustment; increases the cap on retirement benefits covered by COLA from $18,000 to $25,000. This legislation died in the Civil Service & Pensions Committee.
S4555a / A6805a: Provides for application to be made for supplemental military retirement allowance by certain members of public retirement systems; gives retired veterans a supplemental pension, payable for the life of the retired member only, based upon their first $15,000 of single life allowance by allowing additional benefits up to three years of service credit for military service performed during certain periods of military conflict. Legislation died in Civil Service & Pensions Committee.
VETO MESSAGE - No. 113: TO THE SENATE:
I am returning herewith, without my approval, the following bill:
Senate Bill Number 6547-A, entitled:
"AN ACT establishing the task force on retiree health insurance
protection; and providing for the repeal of certain provisions
upon expiration thereof"
NOT APPROVED
This bill would establish a task force to study "cost-effective strat-
egies for protecting adequate and affordable health insurance for
retired public employees and their dependents." In conjunction with the
task force's deliberations, the bill would prohibit, until June 30,
2009, any diminution in health benefits for retirees or their dependents
in the New York State and Local Employees' Retirement System, the
Optional Retirement Program, or a teachers' retirement system, "unless a
corresponding diminution of benefits or contributions is effected...from
the corresponding group of active employees."
The sponsors express a goal which I fully support: to ensure that this
State continues to provide its public retirees with affordable and qual-
ity health care, even in this time of tight budgets. Because, however,
there are significant problems with the manner in which this bill seeks
to effectuate that goal, I must regretfully disapprove it.
The sponsors have wisely sought to foster further study of this impor-
tant issue, through the creation of a task force. I believe that the
State would benefit from such an examination, and from the consideration
of a variety of viewpoints and productive interchange between individ-
uals with different interests and responsibilities. Unfortunately, the
task force created by the legislation does not accomplish this goal, but
rather creates a body that does not sufficiently reflect a diversity of
opinion. The Governor is given two appointees; the legislature eight.
The New York State AFL-CIO would nominate three members of the task
force (one more than the Governor); local governments and retirees
directly impacted by the bill would choose none. The views of organized
labor and the legislature are of great importance on this question, and
they must be a central part of any effort to address this issue. But I
cannot approve a bill that leaves crucial interests unrepresented, or
that grants the Chief Executive such a limited role in a task force
whose recommendation may impact the State's fisc.
Further, while I greatly appreciate the sponsors' efforts to preserve
local government flexibility by seeking to allow some means of altering
retiree benefits, it is not clear that the terms of the bill in this
regard can ever be met. The bill does not make clear what a "correspond-
ing" reduction is, nor does it define the "corresponding group" of
active employees that must be subject to such reduction. As a result,
making the requisite reduction for active employees may simply prove
impossible. Retirees often have a set of benefits distinct from those of
active public employees, and they are organized in groupings that are
different from the way in which employees are classified while active.
It is unclear to me how parallel changes for retired and active employ-
ees - the latter of which could only be accomplished via a collective
bargaining agreement - could be accomplished under these circumstances.
I am also concerned that the bill may make impossible - or at least
subject to legal challenge - legitimate efforts to change retiree health
benefits in ways that reflect their unique status, or that reasonably
improve efficiency. For example, an employer may seek to alter retiree
benefits to reflect changes in Medicare which do not apply to most
active employees. Yet under this bill, even if a corresponding change in
active employee benefits is unwarranted due to their different circum-
stances, one would have to be made (if possible) before any change for
retirees could be effectuated. Further, efforts by a public employer to
save retiree health care costs by increasing the role of managed care,
or by requiring that certain purchases be made through a network, could
also be subject to court challenges as diminutions of benefits.
Finally, I note that the bill is deemed to be in full force and effect
as of May 1, 2008. This would appear to bar, after the fact, any diminu-
tions of benefits that may already have taken place since that date.
Such retroactive application will at least breed confusion, and may even
require reopening of decisions fully legal at the time they were made.
These flaws should not obscure or detract from the key work done by
the sponsors in focusing attention on this important issue, or the
significant need for further study to address both the very real
concerns of retirees and the daunting challenges faced by the State and
local governments in meeting rising health care costs. To that end, I
will adopt one important aspect of the sponsors' proposal, and will
issue an Executive Order creating a task force to further study this
issue. In light of the concerns noted above, the task force will include
representatives of public employee retirees, organized labor, local
governments, state agencies, the legislature and other interested
parties. I will direct the task force to report, before the close of the
next legislative session, on matters including: (1) the present state of
public employee retiree health benefits; (2) the degree to which those
benefits have been impacted by difficult fiscal times; (3) potential
means of insuring the continuation of quality, affordable health care
for public retirees; (4) potential avenues for addressing rising health
care costs; and (5) the impact of public accounting standard GASB 45,
which requires public entities to include the present value of future
retiree health benefits among their liabilities for purposes of finan-
cial disclosure.
It is my strong hope that the Executive Order will not be the end of a
process, but rather will lead to productive dialogue directed at finding
the appropriate balance between protecting the important interests of
retirees, and insuring adequate flexibility for the State and local
governments in this time of fiscal constraint.
The bill is disapproved. (signed) DAVID A. PATERSON
__________
****************************************************************************************
All Active Members: Take note of the following legislation that has just come to our attention. You should contact your local unions.
S07990 Summary:
BILL NO S07990
SAME AS Same as A10252-A
SPONSOR
COSPNSR
MLTSPNSR
Amd S384-d, R & SS L
Increases the mandatory retirement age from sixty-two to sixty-five of police
officers and firefighters who have elected to contribute to the New York state
and local police and fire retirement system.
S07990 Actions:
BILL NO S07990
04/28/2008 REFERRED TO CIVIL SERVICE AND PENSIONS
05/20/2008 1ST REPORT CAL.1366
05/21/2008 2ND REPORT CAL.
05/27/2008 ADVANCED TO THIRD READING
06/10/2008 SUBSTITUTED BY A10252A
A10252A AMEND= Hooper
03/12/2008 referred to governmental employees
04/17/2008 amend and recommit to governmental employees
04/17/2008 print number 10252a
04/29/2008 reported referred to ways and means
05/28/2008 reported
05/29/2008 advanced to third reading cal.1109
06/02/2008 passed assembly
06/02/2008 delivered to senate
06/02/2008 REFERRED TO RULES
06/10/2008 SUBSTITUTED FOR S7990
06/10/2008 3RD READING CAL.1366
06/10/2008 PASSED SENATE
06/10/2008 RETURNED TO ASSEMBLY
09/15/2008 delivered to governor
09/25/2008 signed chap.585
09/25/2008 approval memo.34 S7990 NYS Senate
I N S E N A T E
April 28, 2008
___________
Introduced by Sen. SKELOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, in relation to
the mandatory retirement age of police officers and firefighters who
have elected to contribute to the New York state policemen`s and fire-
men`s retirement system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision i of section 384-d of the retirement and social
2 security law, as added by chapter 1064 of the laws of 1968, is amended
3 to read as follows:
4 i. Every member contributing on the basis of this section shall be
5 separated from the service on the last day of the calendar month next
6 succeeding the calendar month in which he OR SHE attains age {sixty-two}
7 SIXTY-FIVE, provided, however, that such a member who attained the age
8 of {sixty-two} SIXTY-FIVE before his OR HER employer elected to make the
9 benefits provided herein available to him OR HER, or who attains the age
10 of {sixty-two} SIXTY-FIVE within one month after his OR HER employer
11 makes such benefits available, to be eligible for a pension computed in
12 accordance with the provisions of subdivision e of this section, shall
13 be separated from the service within three months after his OR HER
14 employer makes such benefits available, or on or before December thir-
15 ty-first, nineteen hundred sixty-eight, whichever shall last occur,
16 PROVIDED FURTHER, HOWEVER, TO BE ELIGIBLE TO REMAIN ON PAYROLL UNDER
17 THIS SECTION AFTER ATTAINING THE AGE OF SIXTY-TWO, SUCH MEMBERS MUST BE
18 CAPABLE OF PERFORMING THE DUTIES OF THEIR POSITION.
19 S 2. This act shall take effect immediately.
FISCAL NOTE.--This bill would allow members covered under Sections
384-d and 384-e of the Retirement and Social Security Law to accrue
additional service credit and salary increases from age 62 through age
65. In order to be eligible to remain on the payroll until age 65, they
must be performing the full duties of their position.
If this bill is enacted, there would be additional benefits for
certain members who remain employed beyond age 62. However, if some
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD15145-05-8
S. 7990 2
members delay retirement due to enactment of this bill, we would not
anticipate that there would be an increase in the annual contribution
rates as a percentage of payroll of the participating employers in the
New York State and Local Police and Fire Retirement System.
This estimate, dated February 26, 2008, and intended for use only
during the 2008 Legislative Session, is Fiscal Note No. 2008-184,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.
***************************************************************************************
How to contact the Senate Rules Committtee Members to support S6648 which is explained below. Go to important links: NYS Senate > Senators > Senate Committeess > Rules. All members will be listed. You can copy and paste the following letter or you parts of it as you like to notify NYS Senators. Also please use the below notice to contact all senators through our website on the click on line on the home pages. Thank you for your support.
NEW YORK
POLICE and FIRE RETIREE ASSOCIATION, INC.
P.O. Box 7 - Greystone Station – Yonkers, New York 10703 – Phone/Fax 914-961-3800 – NYPFRA.org
Honorable Senate Majority Leader Dean Skelos
Honorable Members of the NYS Senate
Health insurance protection (HIP) legislation is a major concern to our members. In the most recent legislative session S6457A/A9393A was passed and will establish a Task Force on Retiree HIP and a temporary prohibition from charging public employee retirees more for their health benefits that that charged to active employees. If signed into law, retired public employees will join school district retirees in having HIP. We do support this legislation as it would protect another large group of retirees.
1: There is a lack of HIP by state law for retired police officers & firefighters.
2: The above mentioned bill S6457A/A9393A left out retired police officers & firefighters.
3: S6648/A9895 gives HIP to retired police officers & firefighters.
4: S6648/A9895 passed the Assembly and moved into Senate Rules Comm. on 6-24-08.
If the Senate is called back into session our membership and their families must urge you to move S6648/A9895 from the Rules Committee to the Senate floor for a vote.
We need you to support for S6648/A9895 which would assure HIP for retired police officers & firefighters.
Please note that the NYSPFFA, PCNY, NYSFOP and Local 854 IAFF (UFOA of the FDNY) support this needed legislation for retire police officers & firefighters.
SUPPORT S6648/A9895
*******************************************************************************************************************************************
PATERSON'S OPPORTUNITY
Posted: 3:44 am
July 11, 2008
Speaking of undue labor influence, Gov. Paterson is deciding the fate of hun dreds of bills passed by the Legislature - many meant to boost perks for public-sector union members.
His record so far?
Mixed.
Like the three governors before him, Paterson wisely nixed a bill making it harder to fire unionized public employees.
But the gov signed other bills (some, over objections by his own budget experts) pushed by public-sector unions.
One lets some correction officers become detectives without passing civil-service exams. Another calls for arbitration for Suffolk County park police in contract disputes.
He has yet to decide on others - including one that will force him to reveal whether he truly wants fiscal reform, or just pretends he does: The bill bans the state and local governments from trimming health benefits for retired government workers, no matter how dire the fiscal circumstances.
As we've noted in detail before, there's no reason for such a law. Paterson must veto it, as have his predecessors.
He should also block several other measures, including an assortment of pension sweeteners for unions. "These bills unnecessarily increase or reinforce the burden on New York state taxpayers by making already-generous post-employment benefits even more generous and costly," the Citizens Budget Commission rightly warned Wednesday.
Paterson no doubt knows it. "Too often, decisions in Albany are shaped by . . . special interests," he has said.
"We need to change that."
Now's his chance.
****************************************************************************************************************************************************
June 23, 2008 was the last day of the NYS Legislative Session.
Both houses of the legislature have passed --- S.6457-A (Farley) and A.9393-A (Abbate) which would establish a Task Force on Retiree Health Insurance Protection and a temporary prohibition from charging public employee retirees more for their health insurance benefits than that charged to active public employees. Retire police officers & firefighters are not included & there are no retirees on the Task Force.
The Assembly passed S6648 (Farley) / A9895 (Abbate) and it is now in the Senate Rules Committee. The Senate is expected to be called back into session during the summer and this bill can be moved from the Rules Comm. for a Senate vote. This legislation would give retired cops & firefighters health insurance protection.
S8463 (Golden) was not voted on in the Senate and is in the Rules Committee and there was no companion bill in the Assembly. This bill would give retired cops & firefighters health insurance protection and put three retirees on the Task Force, including the President of the NYPFRA.
Good news was received on our last trip to Albany on May 20, 2008 after meeting with President Charles Morello and Secretary Treasurer Michael McManus of the NYSPFFA we were told the NYSPFFA would be supporting our legislation S6648/A9895. A written Memo of Support followed which will certainly help move the bill.
In addition we received an email from President Richard Wells of the Police Conference of New York that will also be supporting our bill S6648/A9895 and a Memo of Support will be issued during the week.
On June 11th we received an email from the NYSFOP and will also be supporting S6648/A9895. Having support from these statewide active unions has given us a real boost in our effort to move this legislation. You will be updated as events change.
********************************************************************
IMPORTANT UPDATE
To address the police and fire retirees not included in S6457/A9393 listed below Senator Golden (retired NYPD) drafted legislation on June 5, 08 to protect our health insurance benefits and to include police & fire retiree representatives on the Health Insurance Task Force.
The legislation is listed below and note on page two lines 8 & 9 that the President of NYPFRA would be included on the task force. We are working to have an Assembly bill number for this legislation by June 23, 08 which is the last day of the session.
S T A T E O F N E W Y O R K
8463--A
I N S E N A T E
June 10, 2008
___________
Introduced by Sens. GOLDEN, FARLEY, VOLKER -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to create a task force on retiree health insurance protection;
and providing for the repeal of certain provisions upon expiration
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature finds that adequate
2 and affordable health insurance coverage is a crucial issue for retired
3 police officers and firefighters and their dependents. State government
4 actions have been inconsistent, protecting health insurance coverage for
5 some groups of retirees, while denying protection to others.
6 The legislature finds and declares that equity and fairness require
7 development and application of cost-effective strategies for protecting
8 adequate and affordable health insurance for retired public employees
9 and their dependents as a means both of providing quality of life of
10 such retirees and preserving the integrity of the agreements made
11 between employers and employees prior to retirement.
12 S 2. Task force on retiree health insurance protection. 1. There is
13 hereby created a twelve member task force on retiree health insurance
14 protection. The members of the task force shall be:
15 (a) the chair of the senate committee on civil service and pensions,
16 the chair of the assembly committee on governmental employees, and the
17 president of the state civil service commission, or their designees, who
18 shall serve as co-chairs;
19 (b) two members appointed by the governor, one of whom shall be
20 appointed upon the recommendation of the New York state AFL-CIO;
21 (c) two members appointed by the temporary president of the senate,
22 one of whom shall be appointed upon the recommendation of the New York
23 state AFL-CIO;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD17130-03-8
S. 8463--A 2
1 (d) two members appointed by the speaker of the assembly, one of whom
2 shall be appointed upon the recommendation of the New York state
3 AFL-CIO;
4 (e) the state comptroller, or his or her designee;
5 (f) one member appointed by the minority leader of the senate; and
6 (g) one member appointed by the minority leader of the assembly.
7 Of such appointed members one shall be the president of the Retired
8 Police Association of the State of New York, one shall be the president
9 of the New York Police and Fire Retiree Association, Inc., and one shall
10 be a representative officer of the National NYCPD 1013 Organization,
11 Inc. Any vacancies on the task force, whether the result of resignation,
12 failure of an appointing authority to appoint, or any other cause, shall
13 not impair the right of the remaining members to exercise all the powers
14 of the task force, or otherwise affect the responsibility of such
15 remaining members to fulfill the requirements of this act.
16 2. Task force members shall receive no compensation for their
17 services, but shall be reimbursed for actual and necessary expenses
18 incurred in the performance of their duties.
19 3. The task force shall meet at least four times and shall conduct at
20 least one public hearing.
21 4. The task force shall consult with, and seek advice and recommenda-
22 tions from, public officers, organizations, and entities affected,
23 including but not limited to, the director of the budget, the super-
24 intendent of insurance, the director of the office for the aging, the
25 director of the office of employee relations, the secretary of state and
26 his or her designees with particular expertise in municipal government,
27 organizations representing retirees including alliances of retiree
28 organizations, organizations representing municipal officials, organiza-
29 tions representing local governments, organizations with expertise
30 covering police and fire and police and fire retirees, and other organ-
31 izations as the task force shall deem to be appropriate.
32 5. The co-chairs shall provide the task force with personnel and
33 support services necessary to accomplish its duties.
34 S 3. Report of the task force. No later than June 1, 2009, the task
35 force shall transmit to the governor, the temporary president of the
36 senate, and the speaker of the assembly a report recommending cost-ef-
37 fective strategies for protecting adequate and affordable health insur-
38 ance for retired public employees and their dependents.
39 S 4. Health insurance moratorium. 1. From on and after May 1, 2008
40 until June 30, 2009, a public employer shall be prohibited from dimin-
41 ishing the health insurance benefits provided to retirees and their
42 dependents or the contributions such employer makes for such health
43 insurance coverage below the level of such benefits or contributions
44 made on behalf of such retirees and their dependents by such employer
45 unless a corresponding diminution of benefits or contributions is
46 effected from the present level as of May 1, 2008 during this period by
47 such employer from the corresponding group of active employees for such
48 retirees. For the purpose of this act, "public employer" shall mean the
49 following: (i) the state; (ii) a county, city, town or village; (iii)
50 any governmental entity operating a college or university; (iv) a public
51 improvement or special district; (v) a public authority, commission or
52 public benefit corporation; (vi) a school district, board of cooperative
53 educational services, vocational education and extension board or a
54 school district as enumerated in section 1 of chapter 566 of the laws of
55 1967, as amended; or (vii) any other public corporation, agency, instru-
56 mentality or unit of government which exercises governmental power under
S. 8463--A 3
1 the laws of this state. For the purpose of this act, "retirees and their
2 dependents" shall mean retired members and dependents of (i) the New
3 York State and Local Police and Fire Retirement System, the New York
4 city police pension fund, the New York city fire department pension
5 fund, and (ii) any other pension fund of a public employer providing
6 benefits to retired police officer and firefighter members and depen-
7 dents, provided that the application of this subdivision shall be limit-
8 ed to the individual police officers and firefighters and their depen-
9 dents.
10 2. Nothing contained in this act shall supersede or diminish the terms
11 of a collective bargaining agreement. Nothing contained in this act
12 shall supersede or diminish the provisions of chapter 729 of the laws of
13 1994 and any amendment thereto.
14 S 5. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after May 1, 2008; provided,
16 however, that section two of this act shall expire and be deemed
17 repealed on and after June 2, 2009.
****************************************************************
On May 7, 2008 we were notified by Senator Farley's office that there has been important movement on A9393 and S6457. Both bills have been amended and are now A9393-a / S6457-a which are companion bills (same language) and is listed below in the Assembly format. Please note in this bill two main issues were included.
One being the establishment of Task Force on retirees health insurance protection to prepare a report for protecting adequate & affordable health insurance for retired public employees. Two the bill implements a temporary moratorium on unilateral changes affecting most retirees in the existing health insurance program.
Retired police officers and firefighters will not be covered by this legislation because of the large active police groups in opposition of the concept of protecting retiree benefits other than through negotiations.
This has been a major obstacle over the years. To counter this theory, How can you protect retired police officers and firefighters health benefits if they are not protected under contract? The answerer is through legislation.
In 2007 the NYSPFFA sat down with the retirees and Senator Farley's office in an effort to resolve this issue in drafting legislation for retired police officers and firefighters S6448 / A9895. The bill was passed and vetoed by Gov. Spitzer, which has now lead to the Task Force legislation.
It appears that this amended legislation will probably be passed and the thinking is that the Governor will sign it if passed, but no indication has yet been released from his office.
At this point in time to steps have been made one is a Task Force and a large number of retirees will at least be protected until June 2009 if this legislation is passed and signed into law.
Below is the new amended legislation and we will keep you up to date and as the legislation starts moving in both houses. See News Concerns for addition information from the NY Post Editorial Staff on 5-12-08.
S T A T E O F N E W Y O R K
9393--A
2007-2008 Regular Sessions
I N A S S E M B L Y
September 12, 2007
___________
Introduced by M. of A. ABBATE, DESTITO, LUPARDO -- Multi-Sponsored by --
M. of A. WRIGHT -- read once and referred to the Committee on Govern-
mental 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 establishing the task force on retiree health insurance
protection; and providing for the repeal of certain provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature finds that adequate
2 and affordable health insurance coverage is a crucial issue for retired
3 public employees and their dependents. State government actions have
4 been inconsistent, protecting health insurance coverage for some groups
5 of retirees pursuant to chapter 43 of the laws of 2008, while denying
6 protection to others (see vetoes 119 and 120 of 2007).
7 S 2. Task force on retiree health insurance protection. 1. There is
8 hereby created a twelve member task force on retiree health insurance
9 protection. The members of the task force shall be:
10 (a) the chair of the senate committee on civil service and pensions,
11 the chair of the assembly committee on governmental employees, and the
12 president of the state civil service commission, or their designees, who
13 shall serve as co-chairs;
14 (b) two members appointed by the governor, one of whom shall be
15 appointed upon the recommendation of the New York state AFL-CIO;
16 (c) two members appointed by the temporary president of the senate,
17 one of whom shall be appointed upon the recommendation of the New York
18 state AFL-CIO;
19 (d) two members appointed by the speaker of the assembly, one of whom
20 shall be appointed upon the recommendation of the New York state
21 AFL-CIO;
22 (e) the state comptroller, or his or her designee;
23 (f) one member appointed by the minority leader of the senate; and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD14120-10-8
A. 9393--A 2
1 (g) one member appointed by the minority leader of the assembly.
2 2. Task force members shall receive no compensation for their
3 services, but shall be reimbursed for actual and necessary expenses
4 incurred in the performance of their duties.
5 3. The task force shall meet at least four times and shall hold at
6 least one public hearing.
7 4. The task force shall consult with, and seek advice and recommenda-
8 tions from, public officers, organizations, and entities affected,
9 including but not limited to, the director of the budget, the super-
10 intendent of insurance, the director of the office for the aging, the
11 director of the office of employee relations, the secretary of state and
12 his or her designees with particular expertise in municipal government,
13 organizations representing retirees including alliances of retiree
14 organizations, organizations representing municipal officials, organiza-
15 tions representing local governments, and organizations representing
16 school districts.
17 5. The co-chairs shall provide the task force with personnel and
18 support services necessary to accomplish its duties.
19 S 3. Report of the task force. No later than June 1, 2009, the task
20 force shall transmit to the governor, the temporary president of the
21 senate, and the speaker of the assembly a report recommending cost-ef-
22 fective strategies for protecting adequate and affordable health insur-
23 ance for retired public employees and their dependents.
24 S 4. Health insurance moratorium. 1. From on and after May 1, 2008
25 until June 30, 2009, a public employer shall be prohibited from dimin-
26 ishing the health insurance benefits provided to retirees and their
27 dependents or the contributions such employer makes for such health
28 insurance coverage below the level of such benefits or contributions
29 made on behalf of such retirees and their dependents by such employer
30 unless a corresponding diminution of benefits or contributions is
31 effected from the present level as of May 1, 2008 during this period by
32 such employer from the corresponding group of active employees for such
33 retirees. For the purpose of this act, "public employer" shall mean the
34 following: (i) the state; (ii) a county, city, town or village; (iii)
35 any governmental entity operating a college or university; (iv) a public
36 improvement or special district; (v) a public authority, commission or
37 public benefit corporation; (vi) a school district, board of cooperative
38 educational services, vocational education and extension board or a
39 school district as enumerated in section 1 of chapter 566 of the laws of
40 1967, as amended; or (vii) any other public corporation, agency, instru-
41 mentality or unit of government which exercises governmental power under
42 the laws of this state. For the purpose of this act, "retirees and
43 their dependents" shall mean retired members and dependents of the New
44 York state and local employees` retirement system, the optional retire-
45 ment program, or a teachers` retirement system.
46 2. Nothing contained in this act shall supersede or diminish the terms
47 of a collective bargaining agreement. Nothing contained in this act
48 shall supersede or diminish the provisions of chapter 729 of the laws of
49 1994 as amended by chapter 43 of the laws of 2008.
50 S 5. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect on and after May 1, 2008. The task
52 force created by section two of this act shall expire and be deemed
53 repealed on and after June 2, 2009.
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S6650 / A9942 which is the school district retirees health insurance protection bill and has been signed every year since 1995 has passed in both houses of the Legislature and was delivered to the Governor on March 28, 2008 and will have ten days to take action on the bill. He can veto the bill, sign it into law or take no action and in ten business days it would automatically become law. This bill was signed by the governor on 4-7-08.
The new Governors action on this bill will be interesting because our HIP (health insurance bill) will hopefully be passed and sent to the Governor soon. Also there is the matter of the proposed Task Force on HIP by the out going governor. We will soon find out and keep you posted of any updates.
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S08105 Summary: Increase the COLA from 50% to 100% of the CPIBILL NO S08105 SAME AS Same as A10718, A 8376-A SPONSOR CONNOR COSPNSR THOMPSON MLTSPNSR Amd SS78-a & 378-a, R & SS L; amd S532-a, Ed L; amd S13-696, NYC Ad Cd Provides cost-of-living adjustments; further provides that effective the first day of September, 2008, the cost-of-living percentage shall equal one hundred percent of the annual inflation.
S08105 Actions:BILL NO S08105 04/28/2008 REFERRED TO CIVIL SERVICE AND PENSIONS
S08105 Votes:
S08105 Memo: |
| |
Contact Webmaster |
A08373 Summary: Increases the COLA base from $18,000 to $25,000.
BILL NO A08373 (very close to language in S-7862)
SAME AS No same as
SPONSOR Abbate
COSPNSR Benedetto, Boyland, Cahill, Colton, Lafayette, McEneny, Ortiz,
Weisenberg, Spano, Schroeder
MLTSPNSR Aubry, Christensen, Clark, Greene, Heastie, John, Perry, Pheffer,
Rivera J, Rivera N, Sweeney, Weinstein
Amd SS78-a & 378-a, R & SS L; amd S532-a, Ed L; amd S13-696, NYC Ad Cd
Provides a cost-of-living adjustment; increases the cap on retirement benefits
covered by COLA from $18,000 to $25,000.
A08373 Actions:
BILL NO A08373
05/15/2007 referred to governmental employees
01/09/2008 referred to governmental employees
A08373 Votes:
A08373 Memo:
BILL NUMBER:A8373
TITLE OF BILL: An act to amend the retirement and social security
law, the education law and the administrative code of the city of New
York, in relation to providing cost-of-living adjustments
PURPOSE OR GENERAL IDEA OF BILL: This bill amends Chapter 125 of the
Laws of 2000, a chapter which provides public employee retirees with
permanent partial cost-of-living increases in New York State. The bill
provides a desirable amendment to Chapter 125 needed to protect public
retirees from continued erosion of their retirement income from
inflation. While Chapter 125 began the effort to address pension
erosion this bill seeks to further close that gap.
SUMMARY OF SPECIFIC PROVISIONS: Effective September 1, 2006, the
following changes to Sections 78-a and 378-a of the Retirement and
Social Security Law, Section 532-a of the Education Law, and Section
13-396 of the Administrative Code of the City of New York as added by
Chapter 125 of the Laws of 2000 are proposed:
Subdivisions c of said sections of law is amended by this bill to
increase the cap on retirement benefits covered by COLA from $18,000
to $25,000. It has been four years since the cap on covered pensions
for application of COLA was increased. The general cost-of-living for
retirees has been steadily increasing. In particular, medical costs
including co-payments, premiums, and medication, have risen at a rate
far in excess of the CPI. Recent federal amendments to the Medicare
law, especially the prescription drug coverage, will cause a
significant increase in retired public employee health care costs.
JUSTIFICATION: Significant strides were made by the enactment of
Chapter 125 of the Laws of 2000. However, the proposed increase of the
cap on COLA covered retirement benefits from $18,000 to $25,000
addresses the issue of gradual increase noted in governmental salaries
and rising final average salaries. As incomes of active employees
continue to rise to meet cost-of-living concerns, the caps placed on
COLA covered benefits further erodes retirement income of those
affected retirees. In particular, as noted above, medical costs
including co-payments, premiums, and medication, have been rising at a
rate far in excess of the CPI. Recent federal amendments to the
Medicaid law, especially the prescription drug coverage, are likely to
cause a significant increase in retired public employee health care
costs.
This bill will help assure public retirees achieve a dignified and
secure retirement, allowing them to continue to contribute more
effectively to the long-term health of our economy.
PRIOR LEGISLATIVE HISTORY:
2005-06: A7236 (Abbate) - referred to governmental employees
2004: A10825 (Tonko) - governmental employees
2003: A4146- Governmental Employees
2000: Senate 8180, enacted-Chapter 125, Laws of 2000
This bill amends Chapter 125 Laws of 2000
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: See fiscal notes
submitted with and made a part of this bill.
EFFECTIVE DATE: This act shall take effect immediately.
NEW GOVERNOR
March 18, 2008 members of the Executive Board were in Albany for an Alliance meeting. We were not able to confirm if Governor Patterson was going to keep the process going on the Health Insurance Task Force. On April 16, 2008 we will be in Albany for our monthly Alliance meeting and hopefully by then we will know the governor's position.
All of our health insurance protection bills have been listed and are moving in the senate and assembly and we are confident that they will be passed. Maybe we will catch a break and the new governor will sign the bills into law if they reach his desk. A total update we be in the next newsletter and on the website.
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2008 Legislative Bills:
Please note http://www.assembly.state.ny.us/leg/ for bill research. Always use the letter S or A before the bill number. The following bills have been introduced in this legislative session. Legislative bills will be continually updated!!
S-6650 / A9942 Health Insurance Protection Bill - is a one year bill for school district retirees. Many retiree health insurance protection bills have copied the language of this bill, because it has been renewed every year since 1994. Delivered to the Governor on 3-28-08.
6650
I N S E N A T E
(PROFILED)
January 9, 2008
___________
Introduced by Sens. FARLEY, ALESI, DeFRANCISCO, FLANAGAN, FUSCHILLO,
O. JOHNSON, LARKIN, LAVALLE, LEIBELL, LIBOUS, MAZIARZ, MORAHAN, PADA-
VAN, RATH, SALAND, SEWARD, SKELOS, VOLKER, WRIGHT -- read twice and
ordered printed, and when printed to be committed to the Committee on
Civil Service and Pensions
AN ACT to amend chapter 729 of the laws of 1994 relating to affecting
the health insurance benefits and contributions of retired employees
of school districts and certain boards, in relation to the effective-
ness of such provisions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1 of chapter 729 of the laws of 1994 relating to
2 affecting the health insurance benefits and contributions of retired
3 employees of school districts and certain boards, as amended by chapter
4 22 of the laws of 2007, is amended to read as follows:
5 Section 1. From on and after June 30, 1994 until May 15, {2008} 2009,
6 a school district, board of cooperative educational services, vocational
7 education and extension board or a school district as enumerated in
8 section 1 of chapter 566 of the laws of 1967, as amended, shall be
9 prohibited from diminishing the health insurance benefits provided to
10 retirees and their dependents or the contributions such board or
11 district makes for such health insurance coverage below the level of
12 such benefits or contributions made on behalf of such retirees and their
13 dependents by such district or board unless a corresponding diminution
14 of benefits or contributions is effected from the present level during
15 this period by such district or board from the corresponding group of
16 active employees for such retirees.
17 S 2. This act shall take effect May 15, 2008; provided, however, if
18 this act shall become a law after such date it shall take effect imme-
19 diately and shall be deemed to have been in full force and effect on and
20 after May 15, 2008.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD14264
*****************************************************************************************************************
S06648 Summary: Governor vetoed this same language bill in 2007
BILL NO S06648
SAME AS Same as A 9895
SPONSOR FARLEY
COSPNSR FLANAGAN, LARKIN, LEIBELL, MAZIARZ, PADAVAN, RATH, SALAND, SEWARD,
SKELOS, VOLKER
MLTSPNSR
Prohibits the diminution of health insurance benefits of certain public
employee retirees and their dependents or reducing the employer`s contributions
for such insurance from May 1, 2008 until May 15, 2009; defines retirees as
retired members of the NYS and local police and fire retirement system or the
New York state and local employees` retirement system who retires from police
or fire service that qualifies under section 302 of the retirement and social
security law or a retiree of the NYC fire department pension fund who was
represented by the collective bargaining unit of Local 854 I.A.F.F.
S06648 Actions:
BILL NO S06648
01/09/2008 REFERRED TO CIVIL SERVICE AND PENSIONS
01/15/2008 1ST REPORT CAL.67
01/22/2008 2ND REPORT CAL.
01/23/2008 ADVANCED TO THIRD READING
S06648 Votes:
S06648 Memo:
I N S E N A T E S6648
(PREFILED)
January 9, 2008
___________
Introduced by Sens. FARLEY, FLANAGAN, LARKIN, LEIBELL, MAZIARZ, PADAVAN,
RATH, SALAND, SEWARD, SKELOS, VOLKER -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Civil Service
and Pensions
AN ACT in relation to affecting the health insurance 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. From on and after May 1, 2008 until May 15, 2009, a public
2 employer shall be prohibited from diminishing the health insurance bene-
3 fits provided to retirees and their dependents or the contributions such
4 employer makes for such health insurance coverage below the level of
5 such benefits or contributions made on behalf of such retirees and their
6 dependents by such employer as of May 1, 2008. For the purpose of this
7 act, (1) "public employer" shall mean the following: (i) the state; (ii)
8 a county, city, town or village; (iii) a school district, board of coop-
9 erative educational services, vocational education and extension board
10 or a school district as enumerated in section 1 of chapter 566 of the
11 laws of 1967, as amended; (iv) any governmental entity operating a
12 college or university; (v) a public improvement or special district
13 including police or fire districts; (vi) a public authority, commission
14 or public benefit corporation; or (vii) any other public corporation,
15 agency, instrumentality or unit of government which exercises govern-
16 mental power under the laws of this state; and (2) "retiree" shall mean
17 a retiree of the New York state and local police and fire retirement
18 system or the New York state and local employees` retirement system who
19 retires from police service or fire service that qualifies under subdi-
20 vision 11 of section 302 of the retirement and social security law or a
21 retiree of the New York city fire department pension fund who was
22 represented by the collective bargaining unit of Local 854, I.A.F.F.
23 S 2. Nothing contained in this act shall supersede or diminish the
24 terms of a collective bargaining agreement.
25 S 3. This act shall take effect immediately and shall be deemed to
26 have been in full force and effect on and after May 1, 2008.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD14265-01-
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S-4555 : Retired veterans prior to Dec. 21, 1998 pension enhancement.
No movement from committees as of 3-31-08:
S04555 Summary:
BILL NO S04555
SAME AS Same as A 6805
SPONSOR
COSPNSR
MLTSPNSR
Amd SS1000, 78-a & 378-a, R & SS L; amd S532-a, Ed L; amd S13-696, NYC Ad Cd
Provides for application to be made for supplemental military retirement
allowance by certain members of public retirement systems; gives retired
veterans a supplemental pension, payable for the life of the retired member
only, based upon their first $15,000 of single life allowance by allowing
additional benefits up to three years of service credit for military service
performed during certain periods of military conflict.
S04555 Actions:
BILL NO S04555
04/18/2007 REFERRED TO CIVIL SERVICE AND PENSIONS
01/09/2008 REFERRED TO CIVIL SERVICE AND PENSIONS
S04555 Votes:
S04555 Memo:
2007-2008 Regular Sessions S4555
I N S E N A T E
April 18, 2007
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, the education
law and the administrative code of the city of New York, in relation
to supplemental military retirement allowances for members of public
retirement systems of the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1000 of the retirement and social security law is
2 amended by adding a new subdivision 8-a to read as follows:
3 8-A. A PERSON WHO RETIRED PRIOR TO DECEMBER TWENTY-FIRST, NINETEEN
4 HUNDRED NINETY-EIGHT AND WHO WOULD HAVE BEEN ENTITLED TO THE PROVISIONS
5 OF THIS SECTION, MAY MAKE APPLICATION TO SUCH RETIREMENT SYSTEM NO LATER
6 THAN DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHT FOR A SUPPLEMENTAL MILI-
7 TARY RETIREMENT ALLOWANCE PURSUANT TO THIS SUBDIVISION. THE SUPPLE-
8 MENTAL RETIREMENT ALLOWANCE PROVIDED BY THIS SUBDIVISION SHALL BE IN
9 LIEU OF ANY BENEFIT OTHERWISE PROVIDED PURSUANT TO THIS SECTION AND ANY
10 CREDIT GRANTED FOR MILITARY SERVICE WITH ANY RETIREMENT SYSTEM OF THIS
11 STATE PURSUANT TO ANY OTHER SECTION OF LAW. UPON RECEIPT OF AN APPLICA-
12 TION, THE RETIREMENT SYSTEM SHALL DETERMINE THE AMOUNT OF SERVICE CREDIT
13 SUCH PERSON WOULD HAVE BEEN ENTITLED TO RECEIVE PURSUANT TO SUBDIVISIONS
14 ONE AND TWO OF THIS SECTION, SUBJECT TO THE LIMITATIONS CONTAINED IN
15 THIS SECTION. THE SUPPLEMENTAL MILITARY RETIREMENT ALLOWANCE SHALL EQUAL
16 THE RETIREMENT ALLOWANCE OF SUCH PERSON, COMPUTED WITHOUT OPTIONAL
17 MODIFICATION AND NOT TO EXCEED FIFTEEN THOUSAND DOLLARS, MULTIPLIED BY
18 TWENTY-FIVE ONE HUNDREDTHS OF ONE PERCENT PER MONTH OF THE SERVICE CRED-
19 IT AS DETERMINED PURSUANT TO THIS SUBDIVISION. ONE-TWELFTH OF THE
20 SUPPLEMENTAL MILITARY RETIREMENT ALLOWANCE SHALL BE ADDED TO THE RETIRE-
21 MENT ALLOWANCE OF SUCH PERSON EACH MONTH. THE BENEFIT PAYABLE PURSUANT
22 TO THIS SECTION SHALL COMMENCE ON THE NEXT RETIREMENT ALLOWANCE PAYABLE
23 AT LEAST THIRTY DAYS AFTER THE RECEIPT OF AN APPLICATION FROM SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD07922-02-7
S. 4555 2
1 PERSON. FOR THE PURPOSES OF THIS SUBDIVISION, RETIREMENT ALLOWANCE SHALL
2 EXCLUDE ANY ANNUITY DERIVED FROM VOLUNTARY CONTRIBUTIONS MADE BY THE
3 INDIVIDUAL, EXCEPT THOSE MADE PURSUANT TO ELECTIONS UNDER SUBDIVISION
4 ONE OF SECTION FIVE HUNDRED ELEVEN-A OR PARAGRAPH C OF SUBDIVISION THREE
5 OF SECTION FIVE HUNDRED SIXTEEN OF THE EDUCATION LAW, BUT SHALL INCLUDE
6 ANY COST OF LIVING ADJUSTMENT DERIVED FROM SECTIONS SEVENTY-EIGHT-A AND
7 THREE HUNDRED SEVENTY-EIGHT-A OF THIS CHAPTER OR SECTION FIVE HUNDRED
8 THIRTY-TWO-A OF THE EDUCATION LAW, AS APPLICABLE. THE BENEFIT PAYABLE
9 PURSUANT TO THIS SUBDIVISION SHALL BE PAYABLE FOR THE LIFE OF THE
10 RETIRED MEMBER ONLY, EXCEPT THAT THE SURVIVING SPOUSE OF A DECEASED
11 MEMBER WHO RETIRED UNDER AN OPTION PROVIDING A BENEFIT TO BE CONTINUED
12 FOR LIFE TO THE SURVIVING SPOUSE AFTER THE DEATH OF THE MEMBER SHALL BE
13 ENTITLED TO RECEIVE FIFTY PERCENT OF THE MONTHLY BENEFIT THAT THE
14 RETIRED MEMBER WOULD BE RECEIVING PURSUANT TO THIS SUBDIVISION, IF
15 LIVING, COMMENCING WITH THE NEXT RETIREMENT ALLOWANCE PAYABLE AT LEAST
16 THIRTY DAYS AFTER RECEIPT OF AN APPLICATION FROM THE RETIRED MEMBER FOR
17 THE BENEFIT OR PAYABLE AFTER THE DEATH OF THE RETIRED MEMBER, WHICHEVER
18 IS LATER.
19 S 2. Subdivision b of section 78-a of the retirement and social secu-
20 rity law, as added by chapter 125 of the laws of 2000, is amended to
21 read as follows:
22 b. Said cost-of-living adjustment shall be a percentage of the annual
23 retirement allowance otherwise payable, computed without optional
24 modification, but including any benefit derived from subdivision f of
25 this section {and}, any prior year`s cost-of-living adjustment derived
26 from this section AND THE AMOUNT OF ANY SUPPLEMENTAL MILITARY RETIREMENT
27 ALLOWANCE DERIVED FROM SUBDIVISION EIGHT-A OF SECTION ONE THOUSAND OF
28 THIS CHAPTER. Said percentage is set forth in subdivision d of this
29 section.
30 S 3. Subdivision b of section 378-a of the retirement and social secu-
31 rity law, as added by chapter 125 of the laws of 2000, is amended to
32 read as follows:
33 b. Said cost-of-living adjustment shall be a percentage of the annual
34 retirement allowance otherwise payable, computed without optional
35 modification, but including any benefit derived from subdivision f of
36 this section {and}, any prior year`s cost-of-living adjustment derived
37 from this section AND THE AMOUNT OF ANY SUPPLEMENTAL MILITARY RETIREMENT
38 ALLOWANCE DERIVED FROM SUBDIVISION EIGHT-A OF SECTION ONE THOUSAND OF
39 THIS CHAPTER. Said percentage is set forth in subdivision d of this
40 section.
41 S 4. Subdivision b of section 532-a of the education law, as added by
42 chapter 125 of the laws of 2000, is amended to read as follows:
43 b. Said cost-of-living adjustment shall be a percentage of the annual
44 retirement allowance otherwise payable, computed without optional
45 modification, excluding any annuity derived from voluntary contributions
46 made by members, except those made pursuant to elections under subdivi-
47 sion one of section five hundred eleven-a or paragraph c of subdivision
48 three of section five hundred sixteen of this article, but including any
49 benefit derived from subdivision f of this section {and}, any prior
50 year`s cost-of-living adjustment derived from this section AND THE
51 AMOUNT OF ANY SUPPLEMENTAL MILITARY RETIREMENT ALLOWANCE DERIVED FROM
52 SUBDIVISION EIGHT-A OF SECTION ONE THOUSAND OF THE RETIREMENT AND SOCIAL
53 SECURITY LAW. Said percentage is set forth in subdivision d of this
54 section.
S. 4555 3
1 S 5. Subdivision b of section 13-696 of the administrative code of the
2 city of New York, as added by chapter 125 of the laws of 2000, is
3 amended to read as follows:
4 b. Said cost-of-living adjustment shall be a percentage of the annual
5 fixed retirement allowance otherwise payable, computed without optional
6 modification, but including any benefit derived from subdivision f of
7 this section {and}, any prior year`s cost-of-living adjustment derived
8 from this section AND THE AMOUNT OF ANY SUPPLEMENTAL MILITARY ALLOWANCE
9 DERIVED FROM SUBDIVISION EIGHT-A OF SECTION ONE THOUSAND OF THE RETIRE-
10 MENT AND SOCIAL SECURITY LAW. Said percentage is set forth in subdivi-
11 sion d of this section.
12 S 6. This act shall take effect immediately.
FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
This bill would amend Section 1000 of the Retirement and Social Secu-
rity Law to give veterans who retired prior to December 21, 1998 or the
surviving spouse of such a retired veteran who chose a continued life
benefit to the spouse, a supplemental pension based on their first
$15,000 of single life allowance by allowing additional benefits for up
to three (3) years of service credit for military service performed
during certain periods of military conflicts for certain retirees of
public retirement systems in New York State. Retirees who have already
received credit in public retirement systems other than those in New
York State will be allowed to receive credit for these same years of
military service in the New York State and Local Employees` Retirement
System (ERS) and the New York State and Local Police and Fire Retirement
System (PFRS). The annual allowance will be recalculated as of the date
of enactment of this legislation. There would not be any payment
required by an affected retiree for such service. Such retiree may make
application for such supplemental pension no later than December 31,
2008.
If this bill is enacted, insofar as this proposal affects the ERS and
the PFRS, there would be additional costs which would generate increases
in annual contributions of approximately $6.8 million to the State of
New York, $9.0 million to the participating employers in the ERS and
$2.4 million to participating employers in the PFRS.
This estimate, dated March 8, 2007 and intended for use only during
the 2007 Legislative Session, is Fiscal Note No. 2007-208, prepared by
the Actuary for the New York State and Local Employees` Retirement
System and the New York State and Local Police and Fire Retirement
System.
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A09393 Summary: Task Force on Retiree Health Insurance
This bill passed in the Senate on 3-12-08 as was refered to the Assembly Governmental Employees Committee.
BILL NO A09393
SAME AS Same as S 6457 (Introduced by Senator Farley)
SPONSOR Abbate
COSPNSR Destito
MLTSPNSR Wright
Establishes a task force on retiree health insurance protection to prepare a
report on cost-effective strategies for protecting adequate and affordable
health insurance for retired public employees and their dependents.
A09393 Actions:
BILL NO A09393
09/12/2007 referred to governmental employees
01/09/2008 referred to governmental employees
A09393 Votes:
A09393 Memo:
BILL NUMBER:A9393
TITLE OF BILL: An act establishing the task force on retiree health
insurance protection; and providing for the repeal of such provisions
upon expiration thereof
PURPOSE: This bill creates a Task Force on Retiree Health Insurance
Protection, charged with reporting to the Governor and the Legislature
by May 1, 2008.
SUMMARY OF PROVISIONS: Section 1 is legislative findings. Section 2
creates the Task Force, determines its membership, and provides for
meetings and staffing. Section 3 requires a report by May 1, 2008.
Section four is the effective date.
EXISTING LAW: There is no existing task force. During 2007, the State
protected health insurance coverage for some retirees (see Chapter 22)
and denied protection of others (see Vetoes 119 and 120).
JUSTIFICATION: There is currently a "crazy quilt" of laws and labor
agreements regarding retiree health insurance, guaranteeing excellent
coverage for some retirees while leaving other retirees at risk of the
unilateral loss of health insurance. This Task Force is charged with
"recommending cost-effective strategies for protecting adequate and
affordable health insurance coverage for retired public employees and
their dependents."
LEGISLATIVE HISTORY: New in 2007.
FISCAL IMPLICATIONS: None Task Force members receive no compensation
and the Task Force will be staffed by personnel on loan from the
Department of Civil Service and the Legislature.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate, sunsets on May 2, 2008.
Legislative bills will be continually updated!!
A09393 Summary:
BILL NO A09393A
SAME AS Same as S 6457-A
SPONSOR Abbate
COSPNSR Destito, Lupardo
MLTSPNSR Wright
Establishes a task force on retiree health insurance protection to prepare a
report on cost-effective strategies for protecting adequate and affordable
health insurance for retired public employees and their dependents.
A09393 Actions:
BILL NO A09393A
09/12/2007 referred to governmental employees
01/09/2008 referred to governmental employees
05/07/2008 amend (t) and recommit to governmental employees
05/07/2008 print number 9393a
A09393 Votes:
A09393 Memo:
BILL NUMBER:A9393A
TITLE OF BILL:
An act establishing the task force on retiree health insurance
protection; and providing for the repeal of certain provisions upon
expiration thereof
PURPOSE:
This bill establishes an expert task force to study and recommend
cost-effective strategies for protecting adequate and affordable
health insurance coverage for retired public employees and their
families, and implements a temporary moratorium on unilateral changes
affecting most retirees in the existing health insurance program.
SUMMARY OF PROVISIONS:
Section 1 states legislative findings. Section 2 creates the Task
Force on Retiree Health Insurance Protection, designates its
membership, requires meetings and at least one public hearing,
requires consultation with various stakeholders, and provides for
staffing and support. Section 3 requires that the Task Force transmit
a report no later than June 1, 2009. Section 4 enacts a temporary
(from May 1, 2008 to June 30, 2009) moratorium on unilateral changes
in health insurance coverage. Section 5 is the effective date.
EXISTING LAW:
Chapter 729 of the Laws of 1994, as amended by Chapter 43 of the Laws
of2008, provides a similar moratorium on unilateral changes but only
for retirees of school districts.
JUSTIFICATION:
There have been long-standing inconsistencies in the treatment of
health insurance coverage for various groups of public sector
retirees. Some groups have negotiated union contracts which provide
varying levels of protection for public employees who retire while the
contacts are in effect. For nearly 15 years, retired teachers and
other education retirees have been protected by an annually extended
statutory moratorium on unilateral changes in their health insurance
coverage and costs. In most cases, however, retirees are at risk of
losing their health insurance coverage, and lack any effective means
of protecting themselves. Previous efforts to expand the moratorium
beyond education retirees have been vetoed. This bill establishes an
expert task force, based on a task force which recommended the initial
teachers moratorium.
LEGISLATIVE HISTORY:
The moratorium is similar in concept to Chapter 729 of the Laws of
1994, as amended by Chapter 48 of the Laws of 2008.
FISCAL IMPLICATIONS:
Negligible costs of staffing the temporary Task Force.
LOCAL FISCAL IMPLICATIONS:
The moratorium will impose no new costs on local governments; it will
only require them to provide the same coverage they are now providing,
unless they negotiate a change in coverage with active employees.
EFFECTIVE DATE:
Effective May 1, 2008. Task Force sunsets on June 2, 2009, and
moratorium expires on June 30, 2009.
A08373 Summary: Increases the COLA base from $18,000 to $25,000.
BILL NO A08373 (very close to language in S-7862)
SAME AS No same as
SPONSOR Abbate
COSPNSR Benedetto, Boyland, Cahill, Colton, Lafayette, McEneny, Ortiz,
Weisenberg, Spano, Schroeder
MLTSPNSR Aubry, Christensen, Clark, Greene, Heastie, John, Perry, Pheffer,
Rivera J, Rivera N, Sweeney, Weinstein
Amd SS78-a & 378-a, R & SS L; amd S532-a, Ed L; amd S13-696, NYC Ad Cd
Provides a cost-of-living adjustment; increases the cap on retirement benefits
covered by COLA from $18,000 to $25,000.
A08373 Actions:
BILL NO A08373
05/15/2007 referred to governmental employees
01/09/2008 referred to governmental employees
A08373 Votes:
A08373 Memo:
BILL NUMBER:A8373
TITLE OF BILL: An act to amend the retirement and social security
law, the education law and the administrative code of the city of New
York, in relation to providing cost-of-living adjustments
PURPOSE OR GENERAL IDEA OF BILL: This bill amends Chapter 125 of the
Laws of 2000, a chapter which provides public employee retirees with
permanent partial cost-of-living increases in New York State. The bill
provides a desirable amendment to Chapter 125 needed to protect public
retirees from continued erosion of their retirement income from
inflation. While Chapter 125 began the effort to address pension
erosion this bill seeks to further close that gap.
SUMMARY OF SPECIFIC PROVISIONS: Effective September 1, 2006, the
following changes to Sections 78-a and 378-a of the Retirement and
Social Security Law, Section 532-a of the Education Law, and Section
13-396 of the Administrative Code of the City of New York as added by
Chapter 125 of the Laws of 2000 are proposed:
Subdivisions c of said sections of law is amended by this bill to
increase the cap on retirement benefits covered by COLA from $18,000
to $25,000. It has been four years since the cap on covered pensions
for application of COLA was increased. The general cost-of-living for
retirees has been steadily increasing. In particular, medical costs
including co-payments, premiums, and medication, have risen at a rate
far in excess of the CPI. Recent federal amendments to the Medicare
law, especially the prescription drug coverage, will cause a
significant increase in retired public employee health care costs.
JUSTIFICATION: Significant strides were made by the enactment of
Chapter 125 of the Laws of 2000. However, the proposed increase of the
cap on COLA covered retirement benefits from $18,000 to $25,000
addresses the issue of gradual increase noted in governmental salaries
and rising final average salaries. As incomes of active employees
continue to rise to meet cost-of-living concerns, the caps placed on
COLA covered benefits further erodes retirement income of those
affected retirees. In particular, as noted above, medical costs
including co-payments, premiums, and medication, have been rising at a
rate far in excess of the CPI. Recent federal amendments to the
Medicaid law, especially the prescription drug coverage, are likely to
cause a significant increase in retired public employee health care
costs.
This bill will help assure public retirees achieve a dignified and
secure retirement, allowing them to continue to contribute more
effectively to the long-term health of our economy.
PRIOR LEGISLATIVE HISTORY:
2005-06: A7236 (Abbate) - referred to governmental employees
2004: A10825 (Tonko) - governmental employees
2003: A4146- Governmental Employees
2000: Senate 8180, enacted-Chapter 125, Laws of 2000
This bill amends Chapter 125 Laws of 2000
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: See fiscal notes
submitted with and made a part of this bill.
EFFECTIVE DATE: This act shall take effect immediately.
