NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7871
SPONSOR: Spano TITLE OF BILL: An act prohibiting public employers from diminishing
the health insurance benefits and contributions of retired public
employees
PURPOSE: Prohibits public employers from diminishing the health insur-
ance benefits and contributions of retired public employees.
SUMMARY OF PROVISIONS:; Section 1. On and after the effective date of
this act, a public employer shall be prohibited from diminishing the
health insurance benefits provided to public employee retirees and their
dependents or the contributions such employers makes for such health
insurance coverage below the level of such benefits or contributions
made on behalf of such retirees and their dependents by such employer
unless a corresponding diminution of benefits or contributions is
effected from the level of benefits or contributions provided to a
corresponding group of active employees for such retirees.
§2. Public employers shall mean the following: (1) the state; (ii) a
county, city, town or village; (iii) any governmental entity operating a
college or university; (iv) a public improvement or special district;
(v) a public authority, commission or public benefit corporation; or
(vi) any other public-corporations agency, instrumentality or unit of
government which exercises governmental power under the laws of this
state.
§ 3. Nothing contained in this act shall supersede or diminish the terms
of a collective bargaining agreement or an administrative code.
§ 4. Nothing contained in this act shall require a public employer which
does not.provide health insurance benefits to retirees and their depen-
dents as of the effective date of this act to offer such benefits.
JUSTIFICATION: Health insurance coverage is a critical issue for
retirees, who often face huge health care costs coupled with a diminish-
ing 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.
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7871
2011-2012 Regular Sessions
IN ASSEMBLY
May 19, 2011
___________
Introduced by M. of A. SPANO -- 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
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 § 2. For purposes of this act, "public employer" shall mean the
11 following: (i) the state; (ii) a county, city, town or village; (iii)
12 any governmental entity operating a college or university; (iv) a public
13 improvement or special district; (v) a public authority, commission or
14 public benefit corporation; or (vi) any other public corporation, agen-
15 cy, instrumentality or unit of government which exercises governmental
16 power under the laws of this state.
17 § 3. Nothing contained in this act shall supersede or diminish the
18 terms of a collective bargaining agreement or an administrative code.
19 § 4. Nothing contained in this act shall require a public employer
20 which does not provide health insurance benefits to retirees and their
21 dependents as of the effective date of this act to offer such benefits.
22 § 5. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10282-02-1
