Bill Text: NY S04149 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to determination of state contribution for certain benefits provided pursuant to collective bargaining agreements.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04149 Detail]
Download: New_York-2021-S04149-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4149 2021-2022 Regular Sessions IN SENATE February 2, 2021 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions 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 25 or she were enrolled in the statewide and the supplementary health bene- 26 fit plans, but not in excess of the premium or subscription charges for 27 the coverage of such state employee or retired state employee and his or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06697-01-1S. 4149 2 1 her dependents under such optional benefit plan. For purposes of this 2 subdivision, employees of the state colleges of agriculture, home 3 economics, industrial labor relations, and veterinary medicine, the 4 state agricultural experiment station at Geneva, and any other institu- 5 tion or agency under the management and control of Cornell university as 6 the representative of the board of trustees of the state university of 7 New York, and employees of the state college of ceramics under the 8 management and control of Alfred university as the representative of the 9 board of trustees of the state university of New York, shall be deemed 10 to be state employees whose salaries or compensation are paid directly 11 by the state. 12 (b) Effective January first, nineteen hundred eighty-nine, notwith- 13 standing any other law, rule or regulation, and where, and to the extent 14 that, an agreement between the state and an employee organization 15 entered into pursuant to article fourteen of this chapter so provides or 16 where and to the extent the employee health insurance council so directs 17 with respect to any other state employees and for retired state employ- 18 ees retiring on or after January first, nineteen hundred eighty-three 19 and prior to October first, two thousand eleven, the state shall 20 contribute nine-tenths of the cost of premiums or subscription charges 21 for coverage of each such state employee or retired state employee who 22 is enrolled in an optional benefit plan and three-fourths of such premi- 23 um or subscription charges for dependents of such state employees or 24 retired state employees enrolled in such optional benefit plan; 25 provided, however, effective January first, nineteen hundred ninety-six, 26 the contribution rates for the hospitalization and medical components of 27 each optional benefit plan shall not exceed one hundred percent of the 28 dollar amount of the state's contribution toward the hospitalization and 29 medical components of individual and dependent coverage, respectively, 30 in the Empire Plan. In the case of state employees retiring prior to 31 January first, nineteen hundred eighty-three, the state shall contribute 32 one hundred percent of the individual premium and three-fourths of such 33 premium for dependents of such retired employees enrolled in such 34 optional benefit plan; however, these contribution rates shall not 35 exceed one hundred percent of the employer dollar amount contribution 36 for individual and dependent coverage respectively in the Empire Plan. 37 (c) Effective October first, two thousand eleven, notwithstanding any 38 other law, rule or regulation, and where, and to the extent that, an 39 agreement between the state and an employee organization entered into 40 pursuant to article fourteen of this chapter so provides, the state's 41 contribution for cost of premium or subscription charges for the cover- 42 age of state employees and retired state employees enrolled in the 43 statewide and the supplementary health benefit plans established pursu- 44 ant to this article or an optional benefit plan shall be: 45 (i) For state employees employed in a title allocated or equated to 46 salary grade nine or below, the state shall contribute eighty-eight 47 percent of the cost or premium subscription charges for such employees 48 enrolled in the statewide and the supplementary health benefit plans 49 established pursuant to this article for an optional benefit plan and 50 seventy-three percent of the cost or premium subscription charges for 51 dependents of such state employees enrolled in the statewide and the 52 supplementary health benefit plans established pursuant to this article 53 or an optional benefit plan; provided, however, that the contribution 54 rates for the hospitalization, medical, and mental health and substance 55 abuse components of each optional benefit plan shall not exceed one 56 hundred percent of the dollar amount of the state's contribution towardS. 4149 3 1 the hospitalization, medical, and mental health and substance abuse 2 components of individual and dependent coverage, respectively, in the 3 Empire Plan. 4 (ii) For state employees employed in a title allocated or equated to 5 salary grade ten or above, the state shall contribute eighty-four 6 percent of the cost or premium subscription charges for such employees 7 enrolled in the statewide and the supplementary health benefit plans 8 established pursuant to this article or an optional benefit plan and 9 sixty-nine percent of the cost or premium subscription charges for 10 dependents of such state employees enrolled in the statewide and the 11 supplementary health benefit plans established pursuant to this article 12 or an optional benefit plan; provided, however, that the contribution 13 rates for the hospitalization, medical, and mental health and substance 14 abuse components of each optional benefit plan shall not exceed one 15 hundred percent of the dollar amount of the state's contribution toward 16 the hospitalization, medical, and mental health and substance abuse 17 components of individual and dependent coverage, respectively, in the 18 Empire Plan. 19 (iii) For retired state employees retiring on or after October first, 20 two thousand eleven and before January first, two thousand twelve, the 21 state shall contribute eighty-eight percent of the cost or premium 22 subscription charges for such employees enrolled in the statewide and 23 the supplementary health benefit plans established pursuant to this 24 article or an optional benefit plan and seventy-three percent of the 25 cost or premium subscription charges for dependents of such state 26 employees enrolled in the statewide and the supplementary health benefit 27 plans established pursuant to this article or an optional benefit plan; 28 provided, however, that the contribution rates for the hospitalization, 29 medical, and mental health and substance abuse components of each 30 optional benefit plan shall not exceed one hundred percent of the dollar 31 amount of the state's contribution toward the hospitalization, medical, 32 and mental health and substance abuse components of individual and 33 dependent coverage, respectively, in the Empire Plan. 34 (iv) For retired state employees retiring on or after January first, 35 two thousand twelve from a title allocated or equated to salary grade 36 nine or below, the state shall contribute eighty-eight percent of the 37 cost or premium subscription charges for such employees enrolled in the 38 statewide and the supplementary health benefit plans established pursu- 39 ant to this article or an optional benefit plan and seventy-three 40 percent of the cost or premium subscription charges for dependents of 41 such state employees enrolled in the statewide and the supplementary 42 health benefit plans established pursuant to this article or an optional 43 benefit plan; provided, however, that the contribution rates for the 44 hospitalization, medical, and mental health and substance abuse compo- 45 nents of each optional benefit plan shall not exceed one hundred percent 46 of the dollar amount of the state's contribution toward the hospitaliza- 47 tion, medical, and mental health and substance abuse components of indi- 48 vidual and dependent coverage, respectively, in the Empire Plan. 49 (v) For retired state employees retiring on or after January first, 50 two thousand twelve from a title allocated or equated to salary grade 51 ten or above, the state shall contribute eighty-four percent of the cost 52 or premium subscription charges for such employees enrolled in the 53 statewide and the supplementary health benefit plans established pursu- 54 ant to this article or an optional benefit plan and sixty-nine percent 55 of the cost or premium subscription charges for dependents of such state 56 employees enrolled in the statewide and the supplementary health benefitS. 4149 4 1 plans established pursuant to this article or an optional benefit plan; 2 provided, however, that the contribution rates for the hospitalization, 3 medical, and mental health and substance abuse components of each 4 optional benefit plan shall not exceed one hundred percent of the dollar 5 amount of the state's contribution toward the hospitalization, medical, 6 and mental health and substance abuse components of individual and 7 dependent coverage, respectively, in the Empire Plan. 8 (d) Notwithstanding any other law, rule or regulation, for the premium 9 or subscription charges for the coverage of retired state employees 10 retiring on and after October first, two thousand eleven enrolled in the 11 statewide and the supplementary health benefit plans or an optional 12 benefit plan established pursuant to this article the state's contrib- 13 ution rate for individual and dependent coverage shall equal the 14 contribution rate in effect on the date that the state employee retired; 15 if, however, such retired state employee's service terminated prior to 16 retirement and such retired state employee was entitled to a vested 17 retirement allowance pursuant to the retirement and social security law 18 on the date his or her service terminated and such retired state employ- 19 ee maintained his or her enrollment in the statewide and the supplemen- 20 tary health benefit plans or an optional benefit plan established pursu- 21 ant to this article the state's contribution rate for individual and 22 dependent coverage shall equal the contribution rate in effect on the 23 date that such retired state employee's service terminated; provided, 24 however, that the contribution rates for the hospitalization, medical, 25 and mental health and substance abuse components of each optional bene- 26 fit plan shall not exceed one hundred percent of the dollar amount of 27 the state's contribution toward the hospitalization, medical, and mental 28 health and substance abuse components of individual and dependent cover- 29 age, respectively, in the Empire Plan. 30 § 2. Subdivision 8 of section 167 of the civil service law, as amended 31 by section 2 of part A of chapter 491 of the laws of 2011, is amended to 32 read as follows: 33 8. Notwithstanding any inconsistent provision of law, where and to the 34 extent that an agreement between the state and an employee organization 35 entered into pursuant to article fourteen of this chapter so provides, 36 the state cost of premium or subscription charges for eligible employees 37 covered by such agreement may be modified pursuant to the terms of such 38 agreement. The president, with the approval of the director of the budg- 39 et, may extend the modified state cost of premium or subscription charg- 40 es for state employees [or retirees] not subject to an agreement refer- 41 enced above and shall promulgate the necessary rules or regulations to 42 implement this provision. 43 § 3. The legislative law is amended by adding a new section 49 to read 44 as follows: 45 § 49. Legislation implementing collective bargaining agreements. 46 Legislation which enacts or amends any provision of law for the purpose 47 of implementing an agreement between the state and an employee organiza- 48 tion entered into pursuant to article fourteen of the civil service law 49 shall be limited to the provisions necessary to implement such agree- 50 ment. 51 § 4. This act shall take effect immediately provided that sections one 52 and two of this act shall be deemed to have been in effect on October 1, 53 2011. No premiums paid by retired state employees in excess of those 54 consistent with the provisions of this act shall be refunded to such 55 retired state employees.
