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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4371
2011-2012 Regular Sessions
IN SENATE
March 31, 2011
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
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 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 the effective date of this act. For
7 the purpose of this act, "public employer" shall mean the following: (i)
8 the state; (ii) a county, city, town or village; (iii) any governmental
9 entity operating a college or university; (iv) a public improvement or
10 special district including police or fire districts; (v) a public
11 authority, commission or public benefit corporation; or (vi) any other
12 public corporation, agency, instrumentality or unit of government which
13 exercises governmental power under the laws of this state. The term
14 public employer shall not include any school district, board of cooper-
15 ative educational services, vocational education and extension board or
16 school district as enumerated in section 1 of chapter 566 of the laws of
17 1977, as amended.
18 § 2. Nothing contained in this act shall supersede or diminish the
19 terms of a collective bargaining agreement.
20 § 3. Notwithstanding the provisions of section one of this act to the
21 contrary, a public employer shall be prohibited from diminishing the
22 health insurance benefits provided to retirees who retire after the
23 effective date of this act from positions not subject to a collective
24 bargaining agreement and their dependents, or the contributions such
25 employer makes for such health insurance coverage, below the level of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04594-01-1
S. 4371 2
1 such benefits or contributions made on behalf of active employees in
2 such positions as of the retiree's date of retirement.
3 § 4. Nothing contained in this act shall require a public employer
4 which does not provide health insurance benefits to retirees and their
5 dependents as of the effective date of this act to offer such benefits.
6 § 5. This act shall take effect on the thirtieth day after it shall
7 have become a law.
