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.
STATE OF NEW YORK
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4191--A
2023-2024 Regular Sessions
IN SENATE
February 6, 2023
___________
Introduced by Sens. LANZA, GALLIVAN, GOUNARDES, HINCHEY, MATTERA, MAYER,
PALUMBO, SKOUFIS, THOMAS, WEBER, WEIK -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Civil Service
and Pensions -- 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.
17 § 2. Nothing contained in this act shall supersede or diminish the
18 terms of a collective bargaining agreement.
19 § 3. Notwithstanding the provisions of section one of this act to the
20 contrary, a public employer shall be prohibited from diminishing the
21 health insurance benefits provided to retirees who retire after the
22 effective date of this act from positions not subject to a collective
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08301-02-3
S. 4191--A 2
1 bargaining agreement and their dependents, or the contributions such
2 employer makes for such health insurance coverage, below the level of
3 such benefits or contributions made on behalf of active employees in
4 such positions as of the retiree's date of retirement.
5 § 4. Nothing contained in this act shall require a public employer
6 which does not provide health insurance benefits to retirees and their
7 dependents as of the effective date of this act to offer such benefits.
8 § 5. This act shall take effect immediately and shall be deemed to
9 have been in full force and effect on and after January 1, 2023.
