A06536 Summary:

BILL NO    A06536 

SAME AS    No same as

SPONSOR    Abbate

COSPNSR    

MLTSPNSR   



Prohibits public employers from diminishing the health insurance benefits and
contributions of retired public employees in the New York state and local
employees' retirement system.

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A06536 Actions:

BILL NO    A06536 

03/21/2011 referred to governmental employees 

04/05/2011 reported referred to ways and means

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A06536 Votes:

There are no votes for this bill in the current legislative session.

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A06536 Memo:

BILL NUMBER:A6536

TITLE OF BILL:
An act
prohibiting public employers from diminishing the health insurance
benefits and contributions of retired public employees in the New York
state and local employees' retirement system

PURPOSE:
This bill would protect public employee retirees from unilateral
changes in health insurance benefits or premium contributions by
their former public employers.

SUMMARY OF PROVISIONS:
The bill prohibits a public employer from diminishing the. health
insurance benefits provided to retirees and their dependents or
reducing the contributions which the public employer makes toward
these benefits, unless also making an equivalent change for active
employees.

EXISTING LAW:
Chapter 729 of the Laws of 1994, as last amended by Chapter 16 of the
Laws of 2005, provides this protection on a temporary basis for
retirees of school districts.

JUSTIFICATION:
Health insurance coverage is a critical issue for retirees, who often
face tremendous health care costs at a time of severely diminished
income. Continuation of health insurance after retirement is provided
for some retirees by statute and for some others by union contract.
This legislation seeks to protect health insurance coverage for all
public sector retirees. It provides that a public employer may not
unilaterally reduce benefit coverage or employer contributions unless
making a parallel reduction for active employees. This does not
prevent public employers from reducing benefits as a cost-cutting
measure, but does, in effect, require that any such reductions be the
result of union negotiations. Absent this, the Taylor Law prohibits
public employee unions from negotiating on behalf of retirees. A
similar law has protected school district retirees since 1994.

LEGISLATIVE HISTORY:
Similar to S.972 of 2003-04. See also Chapter 729 of the Laws of 1994
as amended by Chapter 16 of the Laws of 2005, and Veto #45 of 2005.

FISCAL IMPLICATIONS:
None. This is not a fiscal mandate, as the State remains free to
reduce health insurance costs either through amendments to the Civil
Service law or through public employee negotiations.

EFFECTIVE DATE: Immediately.

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A06536 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6536

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 21, 2011
                                      ___________

       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Governmental Employees

       AN  ACT  prohibiting public employers from diminishing the health insur-
         ance benefits and contributions of retired public employees in the New
         York state and local employees' retirement system

         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 public employee retirees and their  dependents  or  the
    4  contributions  such  employer  makes  for such health insurance coverage
    5  below the level of such benefits or contributions made on behalf of such
    6  retirees and their dependents by such employer  unless  a  corresponding
    7  diminution  of  benefits  or contributions is effected from the level of
    8  benefits or contributions provided to a corresponding  group  of  active
    9  employees for such retirees.
   10    S  2.  For  purposes  of this act, "public employee retirees and their
   11  dependents" shall mean retired members and dependents of  the  New  York
   12  state and local employees' retirement system.
   13    S  3.  For  purposes  of  this  act,  "public employer" shall mean the
   14  following: (i) the state; (ii) a county, city, town  or  village;  (iii)
   15  any governmental entity operating a college or university; (iv) a public
   16  improvement  or  special district; (v) a public authority, commission or
   17  public benefit corporation; or (vi) any other public corporation,  agen-
   18  cy,  instrumentality  or unit of government which exercises governmental
   19  power under the laws of this state.
   20    S 4. Nothing contained in this act shall  supersede  or  diminish  the
   21  terms of a collective bargaining agreement.
   22    S  5.  Nothing  contained  in this act shall require a public employer
   23  which does not provide health insurance benefits to retirees  and  their
   24  dependents as of the effective date of this act to offer such benefits.
   25    S 6. This act shall take effect immediately.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10282-01-1