Bill Text: NY S07438 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to deductions from benefits of certain retired members.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-05-15 - REFERRED TO HIGHER EDUCATION [S07438 Detail]
Download: New_York-2013-S07438-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7438
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to deductions of benefits
of certain retired members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new section 396-a
2 to read as follows:
3 S 396-A. DEDUCTIONS FROM BENEFITS OF CERTAIN RETIRED MEMBERS. 1.
4 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ELECTING EMPLOYEE WHO IS
5 RETIRED FROM THE OPTIONAL RETIREMENT SYSTEM SHALL HAVE THE RIGHT, AT ANY
6 TIME AFTER SUCH ELECTING EMPLOYEE'S RETIREMENT, TO EXECUTE AND FILE A
7 DEDUCTION AUTHORIZATION CARD WITH THE DESIGNATED INSURER OR INSURERS
8 UPON AUDIT AND WARRANT OF THE COMPTROLLER FOR EMPLOYEES OF THE STATE
9 UNIVERSITY AND BY THE APPROPRIATE FISCAL OFFICER FOR EMPLOYEES OF AN
10 ELECTING EMPLOYER AUTHORIZING THE DEDUCTION FROM SUCH ELECTING EMPLOY-
11 EE'S RETIREMENT ALLOWANCE OF MEMBERSHIP DUES AND SUCH ELECTING EMPLOY-
12 EE'S SHARE OF THE COST FOR EMPLOYEE ORGANIZATION-SPONSORED BENEFIT PLANS
13 AND THE PAYMENT THEREOF TO A RETIREE ORGANIZATION OF WHICH THE ELECTING
14 EMPLOYEE IS THEN A MEMBER AND WHICH IS THEN AFFILIATED WITH EITHER AN
15 EMPLOYEE ORGANIZATION CERTIFIED OR RECOGNIZED AS THE COLLECTIVE BARGAIN-
16 ING REPRESENTATIVE OF ALL EMPLOYEES IN THE NEGOTIATING UNIT OF WHICH THE
17 ELECTING EMPLOYEE WAS A PART PRIOR TO HIS OR HER RETIREMENT OR WITH AN
18 EMPLOYEE ORGANIZATION WITH WHICH SUCH EMPLOYEE ORGANIZATION IS THEN
19 AFFILIATED. THE DESIGNATED INSURER OR INSURERS UPON AUDIT AND WARRANT OF
20 THE COMPTROLLER FOR EMPLOYEES OF THE STATE UNIVERSITY AND BY THE APPRO-
21 PRIATE FISCAL OFFICER FOR EMPLOYEES OF AN ELECTING EMPLOYER SHALL THERE-
22 AFTER DEDUCT FROM THE RETIREMENT ALLOWANCE OF SUCH ELECTING EMPLOYEE THE
23 AMOUNT OF MEMBERSHIP DUES AND SUCH AMOUNTS REQUIRED TO BE PAID BY SUCH
24 ELECTING EMPLOYEE FOR SUCH AUTHORIZED EMPLOYEE ORGANIZATION-SPONSORED
25 BENEFIT PLANS, AND SHALL TRANSMIT THE SUM SO DEDUCTED TO SAID RETIREE
26 ORGANIZATION. SUCH AUTHORIZATION SHALL CONTINUE IN EFFECT UNTIL REVOKED
27 IN WRITING BY SUCH ELECTING EMPLOYEE. FOR PURPOSES OF THIS SECTION, THE
28 TERM "EMPLOYEE ORGANIZATION-SPONSORED BENEFIT PLANS" SHALL INCLUDE ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14654-01-4
S. 7438 2
1 AND ALL INSURANCE PLANS AND/OR OTHER BENEFIT PLANS SPONSORED BY SUCH
2 RETIREE ORGANIZATION WHETHER PROVIDED BY (A) A NOT-FOR-PROFIT CORPO-
3 RATION LICENSED UNDER ARTICLE FORTY-THREE OF THE INSURANCE LAW; (B) ANY
4 INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE; (C) A HEALTH
5 MAINTENANCE ORGANIZATION ISSUED A CERTIFICATE OF AUTHORITY PURSUANT TO
6 ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW; OR (D) A SELF-INSURANCE
7 ARRANGEMENT, WELFARE FUND OR BENEFIT FUND.
8 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A RETIRED ELECTED
9 EMPLOYEE SHALL HAVE THE RIGHT, AT ANY TIME AFTER HIS OR HER RETIREMENT,
10 TO EXECUTE AND FILE A DEDUCTION AUTHORIZATION CARD WITH THE DESIGNATED
11 INSURER OR INSURERS UPON AUDIT AND WARRANT OF THE COMPTROLLER FOR
12 EMPLOYEES OF THE STATE UNIVERSITY AND BY THE APPROPRIATE FISCAL OFFICER
13 FOR EMPLOYEES OF AN ELECTING EMPLOYER AUTHORIZING THE PAYMENT OF VOLUN-
14 TARY CONTRIBUTIONS TO THE POLITICAL COMMITTEE, AS DEFINED IN SUBDIVISION
15 ONE OF SECTION 14-100 OF THE ELECTION LAW, OF SUCH ELECTING EMPLOYEE'S
16 EMPLOYEE ORGANIZATION, PROVIDED SUCH ORGANIZATION IS CERTIFIED OR RECOG-
17 NIZED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AS THE
18 REPRESENTATIVE OF ALL EMPLOYEES IN THE NEGOTIATING UNIT IN WHICH SUCH
19 RETIRED ELECTING EMPLOYEE WAS THEN EMPLOYED. SUCH AUTHORIZATION SHALL
20 CONTINUE IN EFFECT UNTIL REVOKED IN WRITING BY SUCH ELECTING EMPLOYEE.
21 THE DESIGNATED INSURER OR INSURERS UPON AUDIT AND WARRANT OF THE COMP-
22 TROLLER FOR EMPLOYEES OF THE STATE UNIVERSITY AND BY THE APPROPRIATE
23 FISCAL OFFICER FOR EMPLOYEES OF AN ELECTING EMPLOYER SHALL DETERMINE THE
24 COST OF ADMINISTERING DEDUCTIONS FOR VOLUNTARY CONTRIBUTIONS TO THE
25 POLITICAL COMMITTEE AND THE COST INCURRED FOR ADMINISTERING SUCH
26 CONTRIBUTIONS SHALL BE PAID FROM THE FUNDS OF THE POLITICAL COMMITTEE.
27 S 2. The education law is amended by adding a new section 6257 to read
28 as follows:
29 S 6257. DEDUCTIONS FROM BENEFITS OF CERTAIN RETIRED MEMBERS. 1.
30 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER WHO IS RETIRED FROM
31 THE BOARD OF HIGHER EDUCATION OPTIONAL RETIREMENT PROGRAM SHALL HAVE THE
32 RIGHT, AT ANY TIME AFTER SUCH MEMBER'S RETIREMENT, TO EXECUTE AND FILE A
33 DEDUCTION AUTHORIZATION CARD WITH THE DESIGNATED INSURER OR INSURERS
34 UPON AUDIT AND WARRANT OF THE COMPTROLLER AUTHORIZING THE DEDUCTION FROM
35 SUCH MEMBER'S RETIREMENT ALLOWANCE OF MEMBERSHIP DUES AND SUCH MEMBER'S
36 SHARE OF THE COST FOR EMPLOYEE ORGANIZATION-SPONSORED BENEFIT PLANS AND
37 THE PAYMENT THEREOF TO A RETIREE ORGANIZATION OF WHICH THE MEMBER IS
38 THEN A MEMBER AND WHICH IS THEN AFFILIATED WITH EITHER AN EMPLOYEE
39 ORGANIZATION CERTIFIED OR RECOGNIZED AS THE COLLECTIVE BARGAINING REPRE-
40 SENTATIVE OF ALL EMPLOYEES IN THE NEGOTIATING UNIT OF WHICH THE MEMBER
41 WAS A PART PRIOR TO HIS OR HER RETIREMENT OR WITH AN EMPLOYEE ORGANIZA-
42 TION WITH WHICH SUCH EMPLOYEE ORGANIZATION IS THEN AFFILIATED. THE
43 DESIGNATED INSURER OR INSURERS UPON AUDIT AND WARRANT OF THE COMPTROLLER
44 SHALL THEREAFTER DEDUCT FROM THE RETIREMENT ALLOWANCE OF SUCH MEMBER THE
45 AMOUNT OF MEMBERSHIP DUES AND SUCH AMOUNTS REQUIRED TO BE PAID BY SUCH
46 MEMBER FOR SUCH AUTHORIZED EMPLOYEE ORGANIZATION-SPONSORED BENEFIT
47 PLANS, AND SHALL TRANSMIT THE SUM SO DEDUCTED TO SAID RETIREE ORGANIZA-
48 TION. SUCH AUTHORIZATION SHALL CONTINUE IN EFFECT UNTIL REVOKED IN WRIT-
49 ING BY SUCH MEMBER. FOR PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE
50 ORGANIZATION-SPONSORED BENEFIT PLANS" SHALL INCLUDE ANY AND ALL INSUR-
51 ANCE PLANS AND/OR OTHER BENEFIT PLANS SPONSORED BY SUCH RETIREE ORGAN-
52 IZATION WHETHER PROVIDED BY (A) A NOT-FOR-PROFIT CORPORATION LICENSED
53 UNDER ARTICLE FORTY-THREE OF THE INSURANCE LAW; (B) ANY INSURANCE COMPA-
54 NY AUTHORIZED TO DO BUSINESS IN THIS STATE; (C) A HEALTH MAINTENANCE
55 ORGANIZATION ISSUED A CERTIFICATE OF AUTHORITY PURSUANT TO ARTICLE
S. 7438 3
1 FORTY-FOUR OF THE PUBLIC HEALTH LAW; OR (D) A SELF-INSURANCE ARRANGE-
2 MENT, WELFARE FUND OR BENEFIT FUND.
3 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A RETIRED MEMBER SHALL
4 HAVE THE RIGHT, AT ANY TIME AFTER HIS OR HER RETIREMENT, TO EXECUTE AND
5 FILE A DEDUCTION AUTHORIZATION CARD WITH THE DESIGNATED INSURER OR
6 INSURERS UPON AUDIT AND WARRANT OF THE COMPTROLLER AUTHORIZING THE
7 PAYMENT OF VOLUNTARY CONTRIBUTIONS TO THE POLITICAL COMMITTEE, AS
8 DEFINED IN SUBDIVISION ONE OF SECTION 14-100 OF THE ELECTION LAW, OF
9 SUCH MEMBER'S EMPLOYEE ORGANIZATION, PROVIDED SUCH ORGANIZATION IS
10 CERTIFIED OR RECOGNIZED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL
11 SERVICE LAW AS THE REPRESENTATIVE OF ALL EMPLOYEES IN THE NEGOTIATING
12 UNIT IN WHICH SUCH RETIRED MEMBER WAS THEN EMPLOYED. SUCH AUTHORIZATION
13 SHALL CONTINUE IN EFFECT UNTIL REVOKED IN WRITING BY SUCH MEMBER. THE
14 DESIGNATED INSURER OR INSURERS UPON AUDIT AND WARRANT OF THE COMPTROLLER
15 SHALL DETERMINE THE COST OF ADMINISTERING DEDUCTIONS FOR VOLUNTARY
16 CONTRIBUTIONS TO THE POLITICAL COMMITTEE AND THE COST INCURRED FOR
17 ADMINISTERING SUCH CONTRIBUTIONS SHALL BE PAID FROM THE FUNDS OF THE
18 POLITICAL COMMITTEE.
19 S 3. This act shall take effect immediately.
