S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4489
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     April 6, 2011
                                      ___________
       Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules
       AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
         relation to provision of health insurance and supplemental benefits to
         retirees of the New York city off track betting corporation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative intent. The state of New York has  an  interest
    2  in  the  welfare  of its citizens, and the general welfare of its senior
    3  citizens is a matter of great public concern to the state of  New  York.
    4  On  December 7, 2010, the New York City Off Track Betting Corporation, a
    5  public benefits corporation created in 1973 pursuant to  article  VI  of
    6  the racing, pari-mutual wagering and breeding law ceased operations. The
    7  legislature  finds  that,  since  its inception, New York City Off Track
    8  Betting provided the state of New  York  with  significant  revenues  to
    9  support  government operations. The legislature further finds that after
   10  the governor of the state of New York issued an executive order to allow
   11  the New York City Off Track Betting Corporation to file  for  bankruptcy
   12  pursuant  to  Chapter 9 of the United States Bankruptcy Code, the unions
   13  representing the employees of NYCOTB worked  tirelessly  to  assist  the
   14  corporation  in  its  restructuring  efforts,  including  two collective
   15  bargaining agreements wherein the  employees  made  significant  conces-
   16  sions,  including voluntary separation from the corporation, in order to
   17  save the corporation and assist their fellow employees.
   18    The legislature further finds that employees retired from  the  corpo-
   19  ration,  after  having received the assurance that they and their depen-
   20  dants would receive health insurance and supplemental  benefit  coverage
   21  under  their  collective  bargaining  representative's  welfare  benefit
   22  program. After the closure of New York City  Off  Track  Betting,  those
   23  benefits ceased.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09353-01-1
       S. 4489                             2
    1    The  legislature  further  finds  that  cessation of these benefits to
    2  public employees who have devoted their working lives to  service  of  a
    3  New York state public benefits corporation works a great injustice and a
    4  severe  hardship  to  the retirees and their dependants, thereby putting
    5  their health and very lives in danger.
    6    The  legislature  further  finds  that  by  honoring the commitment to
    7  provide health insurance and supplemental benefits to  retirees  of  New
    8  York City Off Track Betting, the state reaffirms its commitment to amel-
    9  iorate  the  deleterious  impact  which the closure of New York City Off
   10  Track Betting has had upon the citizens of the state of New York.
   11    S 2. Subdivision 4 of section 606 of the racing, pari-mutuel  wagering
   12  and  breeding  law,  as  amended  by chapter 115 of the laws of 2008, is
   13  amended to read as follows:
   14    4. All [employees and officers] PRESENT AND  FUTURE  RETIREES  of  the
   15  corporation  in  classes  or  positions  whose incumbents, in equivalent
   16  classes or positions of the city, are eligible, as of the effective date
   17  hereof, to participate in, and receive benefits from any city authorized
   18  health insurance or  welfare  benefit  program,  shall  be  eligible  to
   19  participate  in,  and receive benefits from any such health insurance or
   20  welfare benefit program; provided, however, that the [corporation] STATE
   21  shall reimburse the city or its designee for the actual cost of benefits
   22  under this subdivision.
   23    S 3. This act shall take effect immediately.