A05308 Summary:

BILL NO    A05308 

SAME AS    SAME AS S03202

SPONSOR    Abbate

COSPNSR    

MLTSPNSR   

Amd S167, Civ Serv L; add S49, Leg L

Relates to determination of state contribution for certain benefits provided
pursuant to collective bargaining agreements.
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A05308 Actions:

BILL NO    A05308 

02/17/2015 referred to governmental employees
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A05308 Votes:

There are no votes for this bill in this legislative session.
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A05308 Memo:

BILL NUMBER:A5308

TITLE OF BILL:  An act to amend the civil service law and the
legislative law, in relation to certain benefits provided pursuant to
collective bargaining agreements

PURPOSE:

To establish the State's contribution rate toward the premium charges
for current State employees and retired State employees enrolled in a
health insurance program under NYSHIP and to provide that any bill
introduced to implement the terms of a collective bargaining agreement
shall be limited to provisions necessary for the implementation of the
collective bargaining agreement.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Civil Service Law section 167 to
establish the State's contribution rates toward health insurance
premiums under the New York State Health Insurance Program (NYSHIP).

Section 167(1)(a) is amended to establish the State's contribution
rate toward the Empire Plan's premium or subscription charges for
retired State employees who retired before October 1, 2011 and are
enrolled in the Empire Plan. Civil Service Law section 167(1)(b) is
similarly amended to establish the State's contribution rate toward
the optional health plan's premium or subscription charges for retired
State employees who retired before October 1, 2011 and are enrolled in
any such plan.

A new paragraph (c) is added to Civil Service Law section 167(1) to
codify the current regulations promulgated by the President of the
Civil Service Commission regarding the State's contribution rates for
NYSHIP premiums for active State employees beginning on October 1,
2011 and for retirees who retired on and after October 1, 2011(4 NYCRR
73.3).

A new paragraph (d) is added to Civil Service Law section 167(1) to
provide that for State employees who retire on and after January 1,
2012, the State's contribution rate for NYSHIP shall be the same as
the rate on the employee's retirement date. For state employees
entitled to a vested retirement allowance that separate from service
on and after January 1, 2012, maintain continuous enrollment in
NYSHIP, and subsequently retire, the State's contribution rate shall
be the same as the rate on the date that such retiree separated from
service.

Section 2 of the bill amends Civil Service Law section 167(8) to
provide that the President of the Civil Service Commission may extend
the State's NYSHIP contribution rates to current State employees.
Currently, these rates may be extended to current State employees and
retirees.

Section 3 of the bill amends the Legislative law by adding a new
section 49 to provide that legislation that is introduced for the
purpose of implementing a collective bargaining agreement entered into


pursuant to the Taylor Law shall be limited to provisions necessary to
implement the collective bargaining agreement.

Section 4 of the bill provides that this act shall take effect
immediately provided that sections one and two of this act shall be
deemed to have been in effect on October 1, 2011. All premiums paid by
retired state employees in excess of those consistent with the
provisions of this act shall be returned to such retired state
employees, or to their estate, as the case may be, by the comptroller
as soon as practicable, but in no event later than sixty days after
such effective date.

EXISTING LAW:

Currently, the State's contribution rates for NYSHIP are established
by either a collective bargaining agreement entered into pursuant to
the Taylor Law or by regulation promulgated by the President of the
Civil Service Commission. Such regulation may extend the collectively
bargained contribution rate to current State employees who are not
represented by a collective bargaining agreement and retirees.

JUSTIFICATION:

When Civil Service Law section 167 was enacted, the State's health
insurance contribution rate for current State employees and retirees
was the same and set forth by section 167. When the State's
contribution rate changed in 1983 from 100% to 90%, section 167 was
amended to establish the new rates for current State employees and
former State employees who retired on or after January 1, 1983; there
was no contribution rate change for former State employees who retired
before January 1, 1983. These rates did not change until 2011 when the
Legislature approved the collective bargaining agreement between the
State and the Civil Service Employees Association (CSEA).

In addition to enacting provisions of the collective bargaining
agreement between the State and CSEA, Chapter 491 of the Laws of 2011
also amended Civil Service Law section 167(8). This amendment made
significant changes to the health insurance contribution rates and
granted the President of the Civil Service Commission power to extend
the collectively negotiated contribution rates by regulation, with the
consent of the Director of the Budget, for State employees not covered
by a collective bargaining agreement and retirees. This power, which
notwithstands any inconsistent provision of law, removed the ability
of the Legislature to set the contribution rates for State employees
not covered by a collective bargaining agreement and retirees and
allowed such rates to be established administratively.  Unfortunately,
the legislative history for Chapter 491 is devoid of any legislative
intent regarding the amendments to subdivision

8. Pursuant to the rules of statutory construction, it is assumed that
the Legislature intended to afford the President the right to
establish Contribution rates for State employees not covered by a
collective bargaining agreement and retirees. See, Matter of Retired
Public Employees Association, Inc. v. Cuomo,Misc. 3rd (December 17,
2012).


Pursuant to the power granted to the President of the Civil Service
Commission, the President established the contribution rates by
regulation (4 NYCRR 73.3). By regulation, the President applied the
collectively negotiated to State employees and retirees who retired on
or after January 1, 1983. The 1983 amendments to the contribution
rates evidence the intent of the Legislature to hold harmless retirees
who retired before the effective date of the contribution rate
changes. The President did not hold retirees harmless.

The Taylor Law affords employee organizations the right to
collectively bargain on behalf of their members. The overwhelming
majority of the retirees who retired after January 1, 1983 and before
January 1, 2011 were not active State employees during the collective
bargaining process and, thus, the State and the employee organizations
were without power to bargain with respect to such retirees. See,
Chemical Workers v. Pittsburgh Glass, 404 U.S. 157 (1971) and Della
Rocco v. Schenectady, 252 A.D.2d 82 (3d Dept. 1998).  When the
Legislature afforded the President the power to establish contribution
rates, the Legislature may have believed that the President would
follow the existing statutory scheme and hold retirees harmless.

This bill clarifies the Legislature's intent regarding the State's
contribution to the NYSHIP premiums for retired State employees and
ensures that such intent cannot be altered by regulation.

LEGISLATIVE HISTORY:

2013-4: S.4112 - Reported to Finance

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately provided that sections one and
two of this act shall be deemed to have been in effect on October 1,
2011. All premiums paid by retired state employees in excess of those
consistent with the provisions of this act shall be returned to such
retired state employees, or to their estate, as the case may be, by
the comptroller as soon as practicable, but in no event later than
sixty days after such effective date.
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A05308 Text:

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

                                         5308

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 17, 2015
                                      ___________

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

       AN  ACT  to  amend  the  civil  service  law and the legislative law, in
         relation to certain benefits provided pursuant to collective  bargain-
         ing agreements

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 1 of section 167 of the civil service  law,  as
    2  amended  by chapter 582 of the laws of 1988, paragraph (a) as amended by
    3  section 7 of part T of chapter 56 of the laws of 2010 and paragraph  (b)
    4  as  amended  by  chapter  317 of the laws of 1995, is amended to read as
    5  follows:
    6    1.   (a) The full cost of premium  or  subscription  charges  for  the
    7  coverage  of  retired  state employees who are enrolled in the statewide
    8  and the supplementary health benefit plans established pursuant to  this
    9  article  and who retired prior to January first, nineteen hundred eight-
   10  y-three shall be paid by the state. Nine-tenths of the cost  of  premium
   11  or  subscription charges for the coverage of state employees and retired
   12  state employees retiring on or after  January  first,  nineteen  hundred
   13  eighty-three  AND  PRIOR  TO  OCTOBER FIRST, TWO THOUSAND ELEVEN who are
   14  enrolled in the statewide and supplementary health benefit  plans  shall
   15  be  paid  by  the  state.  Three-quarters  of  the  cost  of  premium or
   16  subscription charges for  the  coverage  of  dependents  of  such  state
   17  employees  and  retired  state  employees  shall  be  paid by the state.
   18  Except as provided in paragraph (b) of this subdivision, the state shall
   19  contribute toward the premium or subscription charges for  the  coverage
   20  of  each  state employee or retired state employee who is enrolled in an
   21  optional benefit plan and for the dependents of such state  employee  or
   22  retired state employee the same dollar amount which would be paid by the
   23  state  for  the premium or subscription charges for the coverage of such
   24  state employee or retired state employee and his or her dependents if he

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08337-01-5
       A. 5308                             2

    1  or she were enrolled in the statewide and the supplementary health bene-
    2  fit plans, but not in excess of the premium or subscription charges  for
    3  the coverage of such state employee or retired state employee and his or
    4  her  dependents  under  such optional benefit plan. For purposes of this
    5  subdivision, employees  of  the  state  colleges  of  agriculture,  home
    6  economics,  industrial  labor  relations,  and  veterinary medicine, the
    7  state agricultural experiment station at Geneva, and any other  institu-
    8  tion or agency under the management and control of Cornell university as
    9  the  representative  of the board of trustees of the state university of
   10  New York, and employees of the  state  college  of  ceramics  under  the
   11  management and control of Alfred university as the representative of the
   12  board  of  trustees of the state university of New York, shall be deemed
   13  to be state employees whose salaries or compensation are  paid  directly
   14  by the state.
   15    (b)  Effective  January  first, nineteen hundred eighty-nine, notwith-
   16  standing any other law, rule or regulation, and where, and to the extent
   17  that, an agreement  between  the  state  and  an  employee  organization
   18  entered into pursuant to article fourteen of this chapter so provides or
   19  where and to the extent the employee health insurance council so directs
   20  with  respect to any other state employees and for retired state employ-
   21  ees retiring on or after January first,  nineteen  hundred  eighty-three
   22  AND  PRIOR  TO  OCTOBER  FIRST,  TWO  THOUSAND  ELEVEN,  the state shall
   23  contribute nine-tenths of the cost of premiums or  subscription  charges
   24  for  coverage  of each such state employee or retired state employee who
   25  is enrolled in an optional benefit plan and three-fourths of such premi-
   26  um or subscription charges for dependents of  such  state  employees  or
   27  retired   state  employees  enrolled  in  such  optional  benefit  plan;
   28  provided, however, effective January first, nineteen hundred ninety-six,
   29  the contribution rates for the hospitalization and medical components of
   30  each optional benefit plan shall not exceed one hundred percent  of  the
   31  dollar amount of the state's contribution toward the hospitalization and
   32  medical  components  of individual and dependent coverage, respectively,
   33  in the Empire Plan. In the case of state  employees  retiring  prior  to
   34  January first, nineteen hundred eighty-three, the state shall contribute
   35  one  hundred percent of the individual premium and three-fourths of such
   36  premium for dependents  of  such  retired  employees  enrolled  in  such
   37  optional  benefit  plan;  however,  these  contribution  rates shall not
   38  exceed one hundred percent of the employer  dollar  amount  contribution
   39  for individual and dependent coverage respectively in the Empire Plan.
   40    (C)  EFFECTIVE OCTOBER FIRST, TWO THOUSAND ELEVEN, NOTWITHSTANDING ANY
   41  OTHER LAW, RULE OR REGULATION, AND WHERE, AND TO  THE  EXTENT  THAT,  AN
   42  AGREEMENT  BETWEEN  THE  STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO
   43  PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER SO  PROVIDES,  THE  STATE'S
   44  CONTRIBUTION  FOR COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVER-
   45  AGE OF STATE EMPLOYEES AND  RETIRED  STATE  EMPLOYEES  ENROLLED  IN  THE
   46  STATEWIDE  AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSU-
   47  ANT TO THIS ARTICLE OR AN OPTIONAL BENEFIT PLAN SHALL BE:
   48    (I) FOR STATE EMPLOYEES EMPLOYED IN A TITLE ALLOCATED  OR  EQUATED  TO
   49  SALARY  GRADE  NINE  OR  BELOW,  THE STATE SHALL CONTRIBUTE EIGHTY-EIGHT
   50  PERCENT OF THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR  SUCH  EMPLOYEES
   51  ENROLLED  IN  THE  STATEWIDE  AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS
   52  ESTABLISHED PURSUANT TO THIS ARTICLE FOR AN OPTIONAL  BENEFIT  PLAN  AND
   53  SEVENTY-THREE  PERCENT  OF  THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR
   54  DEPENDENTS OF SUCH STATE EMPLOYEES ENROLLED IN  THE  STATEWIDE  AND  THE
   55  SUPPLEMENTARY  HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS ARTICLE
   56  OR AN OPTIONAL BENEFIT PLAN; PROVIDED, HOWEVER,  THAT  THE  CONTRIBUTION
       A. 5308                             3

    1  RATES  FOR THE HOSPITALIZATION, MEDICAL, AND MENTAL HEALTH AND SUBSTANCE
    2  ABUSE COMPONENTS OF EACH OPTIONAL BENEFIT  PLAN  SHALL  NOT  EXCEED  ONE
    3  HUNDRED  PERCENT OF THE DOLLAR AMOUNT OF THE STATE'S CONTRIBUTION TOWARD
    4  THE  HOSPITALIZATION,  MEDICAL,  AND  MENTAL  HEALTH AND SUBSTANCE ABUSE
    5  COMPONENTS OF INDIVIDUAL AND DEPENDENT COVERAGE,  RESPECTIVELY,  IN  THE
    6  EMPIRE PLAN.
    7    (II)  FOR  STATE EMPLOYEES EMPLOYED IN A TITLE ALLOCATED OR EQUATED TO
    8  SALARY GRADE TEN  OR  ABOVE,  THE  STATE  SHALL  CONTRIBUTE  EIGHTY-FOUR
    9  PERCENT  OF  THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR SUCH EMPLOYEES
   10  ENROLLED IN THE STATEWIDE AND THE  SUPPLEMENTARY  HEALTH  BENEFIT  PLANS
   11  ESTABLISHED  PURSUANT  TO  THIS  ARTICLE OR AN OPTIONAL BENEFIT PLAN AND
   12  SIXTY-NINE PERCENT OF THE  COST  OR  PREMIUM  SUBSCRIPTION  CHARGES  FOR
   13  DEPENDENTS  OF  SUCH  STATE  EMPLOYEES ENROLLED IN THE STATEWIDE AND THE
   14  SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS  ARTICLE
   15  OR  AN  OPTIONAL  BENEFIT PLAN; PROVIDED, HOWEVER, THAT THE CONTRIBUTION
   16  RATES FOR THE HOSPITALIZATION, MEDICAL, AND MENTAL HEALTH AND  SUBSTANCE
   17  ABUSE  COMPONENTS  OF  EACH  OPTIONAL  BENEFIT PLAN SHALL NOT EXCEED ONE
   18  HUNDRED PERCENT OF THE DOLLAR AMOUNT OF THE STATE'S CONTRIBUTION  TOWARD
   19  THE  HOSPITALIZATION,  MEDICAL,  AND  MENTAL  HEALTH AND SUBSTANCE ABUSE
   20  COMPONENTS OF INDIVIDUAL AND DEPENDENT COVERAGE,  RESPECTIVELY,  IN  THE
   21  EMPIRE PLAN.
   22    (III)  FOR RETIRED STATE EMPLOYEES RETIRING ON OR AFTER OCTOBER FIRST,
   23  TWO THOUSAND ELEVEN AND BEFORE JANUARY FIRST, TWO THOUSAND  TWELVE,  THE
   24  STATE  SHALL  CONTRIBUTE  EIGHTY-EIGHT  PERCENT  OF  THE COST OR PREMIUM
   25  SUBSCRIPTION CHARGES FOR SUCH EMPLOYEES ENROLLED IN  THE  STATEWIDE  AND
   26  THE  SUPPLEMENTARY  HEALTH  BENEFIT  PLANS  ESTABLISHED PURSUANT TO THIS
   27  ARTICLE OR AN OPTIONAL BENEFIT PLAN AND  SEVENTY-THREE  PERCENT  OF  THE
   28  COST  OR  PREMIUM  SUBSCRIPTION  CHARGES  FOR  DEPENDENTS  OF SUCH STATE
   29  EMPLOYEES ENROLLED IN THE STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT
   30  PLANS ESTABLISHED PURSUANT TO THIS ARTICLE OR AN OPTIONAL BENEFIT  PLAN;
   31  PROVIDED,  HOWEVER, THAT THE CONTRIBUTION RATES FOR THE HOSPITALIZATION,
   32  MEDICAL, AND MENTAL  HEALTH  AND  SUBSTANCE  ABUSE  COMPONENTS  OF  EACH
   33  OPTIONAL BENEFIT PLAN SHALL NOT EXCEED ONE HUNDRED PERCENT OF THE DOLLAR
   34  AMOUNT  OF THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZATION, MEDICAL,
   35  AND MENTAL HEALTH AND  SUBSTANCE  ABUSE  COMPONENTS  OF  INDIVIDUAL  AND
   36  DEPENDENT COVERAGE, RESPECTIVELY, IN THE EMPIRE PLAN.
   37    (IV)  FOR  RETIRED STATE EMPLOYEES RETIRING ON OR AFTER JANUARY FIRST,
   38  TWO THOUSAND TWELVE FROM A TITLE ALLOCATED OR EQUATED  TO  SALARY  GRADE
   39  NINE  OR  BELOW,  THE STATE SHALL CONTRIBUTE EIGHTY-EIGHT PERCENT OF THE
   40  COST OR PREMIUM SUBSCRIPTION CHARGES FOR SUCH EMPLOYEES ENROLLED IN  THE
   41  STATEWIDE  AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSU-
   42  ANT TO THIS ARTICLE  OR  AN  OPTIONAL  BENEFIT  PLAN  AND  SEVENTY-THREE
   43  PERCENT  OF  THE  COST OR PREMIUM SUBSCRIPTION CHARGES FOR DEPENDENTS OF
   44  SUCH STATE EMPLOYEES ENROLLED IN THE  STATEWIDE  AND  THE  SUPPLEMENTARY
   45  HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS ARTICLE OR AN OPTIONAL
   46  BENEFIT  PLAN;  PROVIDED,  HOWEVER,  THAT THE CONTRIBUTION RATES FOR THE
   47  HOSPITALIZATION, MEDICAL, AND MENTAL HEALTH AND SUBSTANCE  ABUSE  COMPO-
   48  NENTS OF EACH OPTIONAL BENEFIT PLAN SHALL NOT EXCEED ONE HUNDRED PERCENT
   49  OF THE DOLLAR AMOUNT OF THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZA-
   50  TION, MEDICAL, AND MENTAL HEALTH AND SUBSTANCE ABUSE COMPONENTS OF INDI-
   51  VIDUAL AND DEPENDENT COVERAGE, RESPECTIVELY, IN THE EMPIRE PLAN.
   52    (V)  FOR  RETIRED  STATE EMPLOYEES RETIRING ON OR AFTER JANUARY FIRST,
   53  TWO THOUSAND TWELVE FROM A TITLE ALLOCATED OR EQUATED  TO  SALARY  GRADE
   54  TEN OR ABOVE, THE STATE SHALL CONTRIBUTE EIGHTY-FOUR PERCENT OF THE COST
   55  OR  PREMIUM  SUBSCRIPTION  CHARGES  FOR  SUCH  EMPLOYEES ENROLLED IN THE
   56  STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED  PURSU-
       A. 5308                             4

    1  ANT  TO  THIS ARTICLE OR AN OPTIONAL BENEFIT PLAN AND SIXTY-NINE PERCENT
    2  OF THE COST OR PREMIUM SUBSCRIPTION CHARGES FOR DEPENDENTS OF SUCH STATE
    3  EMPLOYEES ENROLLED IN THE STATEWIDE AND THE SUPPLEMENTARY HEALTH BENEFIT
    4  PLANS  ESTABLISHED PURSUANT TO THIS ARTICLE OR AN OPTIONAL BENEFIT PLAN;
    5  PROVIDED, HOWEVER, THAT THE CONTRIBUTION RATES FOR THE  HOSPITALIZATION,
    6  MEDICAL,  AND  MENTAL  HEALTH  AND  SUBSTANCE  ABUSE  COMPONENTS OF EACH
    7  OPTIONAL BENEFIT PLAN SHALL NOT EXCEED ONE HUNDRED PERCENT OF THE DOLLAR
    8  AMOUNT OF THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZATION,  MEDICAL,
    9  AND  MENTAL  HEALTH  AND  SUBSTANCE  ABUSE  COMPONENTS OF INDIVIDUAL AND
   10  DEPENDENT COVERAGE, RESPECTIVELY, IN THE EMPIRE PLAN.
   11    (D) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION, FOR THE PREMIUM
   12  OR SUBSCRIPTION CHARGES FOR THE  COVERAGE  OF  RETIRED  STATE  EMPLOYEES
   13  RETIRING ON AND AFTER OCTOBER FIRST, TWO THOUSAND ELEVEN ENROLLED IN THE
   14  STATEWIDE  AND  THE  SUPPLEMENTARY  HEALTH  BENEFIT PLANS OR AN OPTIONAL
   15  BENEFIT PLAN ESTABLISHED PURSUANT TO THIS ARTICLE THE  STATE'S  CONTRIB-
   16  UTION  RATE  FOR  INDIVIDUAL  AND  DEPENDENT  COVERAGE  SHALL  EQUAL THE
   17  CONTRIBUTION RATE IN EFFECT ON THE DATE THAT THE STATE EMPLOYEE RETIRED;
   18  IF, HOWEVER, SUCH RETIRED STATE EMPLOYEE'S SERVICE TERMINATED  PRIOR  TO
   19  RETIREMENT  AND  SUCH  RETIRED  STATE  EMPLOYEE WAS ENTITLED TO A VESTED
   20  RETIREMENT ALLOWANCE PURSUANT TO THE RETIREMENT AND SOCIAL SECURITY  LAW
   21  ON THE DATE HIS OR HER SERVICE TERMINATED AND SUCH RETIRED STATE EMPLOY-
   22  EE  MAINTAINED HIS OR HER ENROLLMENT IN THE STATEWIDE AND THE SUPPLEMEN-
   23  TARY HEALTH BENEFIT PLANS OR AN OPTIONAL BENEFIT PLAN ESTABLISHED PURSU-
   24  ANT TO THIS ARTICLE THE STATE'S CONTRIBUTION  RATE  FOR  INDIVIDUAL  AND
   25  DEPENDENT  COVERAGE  SHALL  EQUAL THE CONTRIBUTION RATE IN EFFECT ON THE
   26  DATE THAT SUCH RETIRED STATE EMPLOYEE'S  SERVICE  TERMINATED;  PROVIDED,
   27  HOWEVER,  THAT  THE CONTRIBUTION RATES FOR THE HOSPITALIZATION, MEDICAL,
   28  AND MENTAL HEALTH AND SUBSTANCE ABUSE COMPONENTS OF EACH OPTIONAL  BENE-
   29  FIT  PLAN  SHALL  NOT EXCEED ONE HUNDRED PERCENT OF THE DOLLAR AMOUNT OF
   30  THE STATE'S CONTRIBUTION TOWARD THE HOSPITALIZATION, MEDICAL, AND MENTAL
   31  HEALTH AND SUBSTANCE ABUSE COMPONENTS OF INDIVIDUAL AND DEPENDENT COVER-
   32  AGE, RESPECTIVELY, IN THE EMPIRE PLAN.
   33    S 2. Subdivision 8 of section 167 of the civil service law, as amended
   34  by section 2 of part A of chapter 491 of the laws of 2011, is amended to
   35  read as follows:
   36    8. Notwithstanding any inconsistent provision of law, where and to the
   37  extent that an agreement between the state and an employee  organization
   38  entered  into  pursuant to article fourteen of this chapter so provides,
   39  the state cost of premium or subscription charges for eligible employees
   40  covered by such agreement may be modified pursuant to the terms of  such
   41  agreement. The president, with the approval of the director of the budg-
   42  et, may extend the modified state cost of premium or subscription charg-
   43  es  for STATE employees [or retirees] not subject to an agreement refer-
   44  enced above and shall promulgate the necessary rules or  regulations  to
   45  implement this provision.
   46    S 3. The legislative law is amended by adding a new section 49 to read
   47  as follows:
   48    S  49.  LEGISLATION  IMPLEMENTING  COLLECTIVE  BARGAINING  AGREEMENTS.
   49  LEGISLATION WHICH ENACTS OR AMENDS ANY PROVISION OF LAW FOR THE  PURPOSE
   50  OF IMPLEMENTING AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZA-
   51  TION  ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW
   52  SHALL BE LIMITED TO THE PROVISIONS NECESSARY TO  IMPLEMENT  SUCH  AGREE-
   53  MENT.
   54    S 4. This act shall take effect immediately provided that sections one
   55  and two of this act shall be deemed to have been in effect on October 1,
   56  2011.  All  premiums  paid by retired state employees in excess of those
       A. 5308                             5

    1  consistent with the provisions of this act shall  be  returned  to  such
    2  retired  state employees, or to their estate, as the case may be, by the
    3  comptroller as soon as practicable, but in no  event  later  than  sixty
    4  days after such effective date.
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