S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3627
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 7, 2013
                                      ___________
       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    S  2.  Nothing  contained  in this act shall supersede or diminish the
   19  terms of a collective bargaining agreement.
   20    S 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.
                                                                  LBD02918-01-3
       S. 3627                             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    S  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    S  5.  This  act shall take effect on the thirtieth day after it shall
    7  have become a law.