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: A4203
SPONSOR: Weprin (MS) TITLE OF BILL: An act to prohibit public employers from diminishing
the health insurance 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:
02/09/17 referred to governmental employees
01/03/18 referred to governmental employees
04/23/18 amend and recommit to governmental employees
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.
