Bill Text: NY S04191 | 2023-2024 | General Assembly | Amended


Bill Title: Prohibits the diminution of health insurance benefits of public employee retirees and their dependents or reducing the employer's contributions for such insurance; defines employers to include the state, municipalities, school districts, and public authorities and commissions.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04191 Detail]

Download: New_York-2023-S04191-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4191--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 6, 2023
                                       ___________

        Introduced by Sens. LANZA, GALLIVAN, GOUNARDES, HINCHEY, MATTERA, MAYER,
          PALUMBO, SKOUFIS, THOMAS, WEBER, WEIK -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Civil Service
          and  Pensions -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee

        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, who retired before, on or after the effective
     4  date of this act, and their dependents or the contributions such employ-
     5  er  makes  for  such  health  insurance coverage below the level of such
     6  benefits or contributions made on behalf  of  such  retirees  and  their
     7  dependents by such employer as of the retiree's date of retirement.  For
     8  the purpose of this act, "public employer" shall mean the following: (i)
     9  the  state; (ii) a county, city, town or village; (iii) any governmental
    10  entity operating a college or university; (iv) a public  improvement  or
    11  special  district  including  police  or  fire  districts;  (v) a public
    12  authority, commission or public benefit corporation; or (vi)  any  other
    13  public  corporation, agency, instrumentality or unit of government which
    14  exercises governmental power under the laws of this  state.    The  term
    15  public  employer shall not include any school district, board of cooper-
    16  ative educational services, or vocational education and extension board.
    17    § 2. Nothing contained in this act shall  supersede  or  diminish  the
    18  terms of a collective bargaining agreement.
    19    §  3. Notwithstanding the provisions of section one of this act to the
    20  contrary, a public employer shall be  prohibited  from  diminishing  the
    21  health  insurance  benefits  provided  to  retirees who retire after the
    22  effective date of this act from positions not subject  to  a  collective

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08301-02-3

        S. 4191--A                          2

     1  bargaining  agreement  and  their  dependents, or the contributions such
     2  employer makes for such health insurance coverage, below  the  level  of
     3  such  benefits  or  contributions  made on behalf of active employees in
     4  such positions as of the retiree's date of retirement.
     5    §  4.  Nothing  contained  in this act shall require a public employer
     6  which does not provide health insurance benefits to retirees  and  their
     7  dependents as of the effective date of this act to offer such benefits.
     8    §  5.  This  act  shall take effect immediately and shall be deemed to
     9  have been in full force and effect on and after January 1, 2023.
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