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A07189 Summary:

A07189 Actions:

A07189 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7189
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 11, 2019
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT to amend the education law, in relation to deductions of benefits
          of certain retired members
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section  396-a
     2  to read as follows:
     3    §  396-a.  Deductions  from  benefits  of  certain retired members. 1.
     4  Notwithstanding any other provision of law, an electing employee who  is
     5  retired from the optional retirement system shall have the right, at any
     6  time  after  such  electing employee's retirement, to execute and file a
     7  deduction authorization card with the  designated  insurer  or  insurers
     8  upon  audit  and  warrant  of the comptroller for employees of the state
     9  university and by the appropriate fiscal officer  for  employees  of  an
    10  electing  employer  authorizing the deduction from such electing employ-
    11  ee's retirement allowance of membership dues and such  electing  employ-
    12  ee's share of the cost for employee organization-sponsored benefit plans
    13  and  the payment thereof to a retiree organization of which the electing
    14  employee is then a member and which is then affiliated  with  either  an
    15  employee organization certified or recognized as the collective bargain-
    16  ing representative of all employees in the negotiating unit of which the
    17  electing  employee  was a part prior to his or her retirement or with an
    18  employee organization with which  such  employee  organization  is  then
    19  affiliated. The designated insurer or insurers upon audit and warrant of
    20  the  comptroller for employees of the state university and by the appro-
    21  priate fiscal officer for employees of an electing employer shall there-
    22  after deduct from the retirement allowance of such electing employee the
    23  amount of membership dues and such amounts required to be paid  by  such
    24  electing  employee  for  such authorized employee organization-sponsored
    25  benefit plans, and shall transmit the sum so deducted  to  said  retiree
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06630-01-9
        A. 7189                             2
 
     1  organization.  Such authorization shall continue in effect until revoked
     2  in writing by such electing employee. For purposes of this section,  the
     3  term  "employee  organization-sponsored benefit plans" shall include any
     4  and  all  insurance  plans  and/or other benefit plans sponsored by such
     5  retiree organization whether provided by  (a)  a  not-for-profit  corpo-
     6  ration  licensed under article forty-three of the insurance law; (b) any
     7  insurance company authorized to do business in this state; (c) a  health
     8  maintenance  organization  issued a certificate of authority pursuant to
     9  article forty-four of the public health law;  or  (d)  a  self-insurance
    10  arrangement, welfare fund or benefit fund.
    11    2.  Notwithstanding  any  other  provision  of  law, a retired elected
    12  employee shall have the right, at any time after his or her  retirement,
    13  to  execute  and file a deduction authorization card with the designated
    14  insurer or insurers upon  audit  and  warrant  of  the  comptroller  for
    15  employees  of the state university and by the appropriate fiscal officer
    16  for employees of an electing employer authorizing the payment of  volun-
    17  tary contributions to the political committee, as defined in subdivision
    18  one  of  section 14-100 of the election law, of such electing employee's
    19  employee organization, provided such organization is certified or recog-
    20  nized pursuant to article fourteen of  the  civil  service  law  as  the
    21  representative  of  all  employees in the negotiating unit in which such
    22  retired electing employee was then employed.  Such  authorization  shall
    23  continue  in  effect until revoked in writing by such electing employee.
    24  The designated insurer or insurers upon audit and warrant of  the  comp-
    25  troller  for  employees  of  the state university and by the appropriate
    26  fiscal officer for employees of an electing employer shall determine the
    27  cost of administering deductions  for  voluntary  contributions  to  the
    28  political  committee  and  the  cost  incurred  for  administering  such
    29  contributions shall be paid from the funds of the political committee.
    30    § 2. The education law is amended by adding a new section 6257 to read
    31  as follows:
    32    § 6257. Deductions  from  benefits  of  certain  retired  members.  1.
    33  Notwithstanding any other provision of law, a member who is retired from
    34  the board of higher education optional retirement program shall have the
    35  right, at any time after such member's retirement, to execute and file a
    36  deduction  authorization  card  with  the designated insurer or insurers
    37  upon audit and warrant of the comptroller authorizing the deduction from
    38  such member's retirement allowance of membership dues and such  member's
    39  share  of the cost for employee organization-sponsored benefit plans and
    40  the payment thereof to a retiree organization of  which  the  member  is
    41  then  a  member  and  which  is  then affiliated with either an employee
    42  organization certified or recognized as the collective bargaining repre-
    43  sentative of all employees in the negotiating unit of which  the  member
    44  was  a part prior to his or her retirement or with an employee organiza-
    45  tion with which such employee organization  is  then  affiliated.    The
    46  designated insurer or insurers upon audit and warrant of the comptroller
    47  shall thereafter deduct from the retirement allowance of such member the
    48  amount  of  membership dues and such amounts required to be paid by such
    49  member  for  such  authorized  employee  organization-sponsored  benefit
    50  plans,  and shall transmit the sum so deducted to said retiree organiza-
    51  tion. Such authorization shall continue in effect until revoked in writ-
    52  ing by such member. For purposes of this  section,  the  term  "employee
    53  organization-sponsored  benefit  plans" shall include any and all insur-
    54  ance plans and/or other benefit plans sponsored by such  retiree  organ-
    55  ization  whether  provided  by (a) a not-for-profit corporation licensed
    56  under article forty-three of the insurance law; (b) any insurance compa-
        A. 7189                             3
 
     1  ny authorized to do business in this state;  (c)  a  health  maintenance
     2  organization  issued  a  certificate  of  authority  pursuant to article
     3  forty-four of the public health law; or (d)  a  self-insurance  arrange-
     4  ment, welfare fund or benefit fund.
     5    2.  Notwithstanding any other provision of law, a retired member shall
     6  have the right, at any time after his or her retirement, to execute  and
     7  file  a  deduction  authorization  card  with  the designated insurer or
     8  insurers upon audit and  warrant  of  the  comptroller  authorizing  the
     9  payment  of  voluntary  contributions  to  the  political  committee, as
    10  defined in subdivision one of section 14-100 of  the  election  law,  of
    11  such  member's  employee  organization,  provided  such  organization is
    12  certified or recognized  pursuant  to  article  fourteen  of  the  civil
    13  service  law  as  the representative of all employees in the negotiating
    14  unit in which such retired member was then employed. Such  authorization
    15  shall  continue  in  effect until revoked in writing by such member. The
    16  designated insurer or insurers upon audit and warrant of the comptroller
    17  shall determine the  cost  of  administering  deductions  for  voluntary
    18  contributions  to  the  political  committee  and  the cost incurred for
    19  administering such contributions shall be paid from  the  funds  of  the
    20  political committee.
    21    §  3. This act shall take effect one year after it shall have become a
    22  law.