Bill Text: NY A10425 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that extrinsic evidence shall be admissible to determine whether certain health insurance benefits are intended to vest beyond the term of a collective bargaining agreement.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Vetoed) 2022-12-09 - tabled [A10425 Detail]

Download: New_York-2021-A10425-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10425

                   IN ASSEMBLY

                                      May 18, 2022
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
          read once and referred to the Committee on Governmental Employees

        AN ACT to amend the civil service law and the labor law, in relation  to
          clarifying  the  vesting of retiree health insurance within collective
          bargaining agreements

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  civil service law is amended by adding a new section
     2  157-a to read as follows:
     3    § 157-a. Admissibility of extrinsic evidence in cases related to reti-
     4  ree health insurance. Whenever a collective bargaining agreement between
     5  an employee organization and a public employer, as those terms are  used
     6  in  this  chapter,  refers  to  a  health  insurance benefit for retired
     7  employees, extrinsic evidence shall be admissible and the court or other
     8  forum may consider such evidence to determine  whether  the  parties  to
     9  that  agreement  intended  for  that retiree health insurance benefit to
    10  vest in the retirees  beyond  the  durational  term  of  the  collective
    11  bargaining agreement and, if so, to what extent and scope.
    12    § 2. The labor law is amended by adding a new section 702-c to read as
    13  follows:
    14    §  702-c.    Admissibility  of  extrinsic evidence in cases related to
    15  retiree health insurance. Whenever  a  collective  bargaining  agreement
    16  between  a  labor organization and an employer refers to a health insur-
    17  ance benefit for retired employees, extrinsic evidence shall be admissi-
    18  ble and the court or other forum may consider such evidence to determine
    19  whether the parties to that agreement intended for that  retiree  health
    20  insurance  benefit to vest in the retirees beyond the durational term of
    21  the collective bargaining agreement and,  if  so,  to  what  extent  and
    22  scope.
    23    § 3. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15793-01-2