Bill Text: NY A03634 | 2019-2020 | 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) 2020-02-25 - reported referred to ways and means [A03634 Detail]
Download: New_York-2019-A03634-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3634 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. PHEFFER AMATO -- read once and referred to the Committee on Govern- mental Employees 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07913-01-9A. 3634 2 1 the coverage of such state employee or retired state employee and his or 2 her dependents under such optional benefit plan. For purposes of this 3 subdivision, employees of the state colleges of agriculture, home 4 economics, industrial labor relations, and veterinary medicine, the 5 state agricultural experiment station at Geneva, and any other institu- 6 tion or agency under the management and control of Cornell university as 7 the representative of the board of trustees of the state university of 8 New York, and employees of the state college of ceramics under the 9 management and control of Alfred university as the representative of the 10 board of trustees of the state university of New York, shall be deemed 11 to be state employees whose salaries or compensation are paid directly 12 by the state. 13 (b) Effective January first, nineteen hundred eighty-nine, notwith- 14 standing any other law, rule or regulation, and where, and to the extent 15 that, an agreement between the state and an employee organization 16 entered into pursuant to article fourteen of this chapter so provides or 17 where and to the extent the employee health insurance council so directs 18 with respect to any other state employees and for retired state employ- 19 ees retiring on or after January first, nineteen hundred eighty-three 20 and prior to October first, two thousand eleven, the state shall 21 contribute nine-tenths of the cost of premiums or subscription charges 22 for coverage of each such state employee or retired state employee who 23 is enrolled in an optional benefit plan and three-fourths of such premi- 24 um or subscription charges for dependents of such state employees or 25 retired state employees enrolled in such optional benefit plan; 26 provided, however, effective January first, nineteen hundred ninety-six, 27 the contribution rates for the hospitalization and medical components of 28 each optional benefit plan shall not exceed one hundred percent of the 29 dollar amount of the state's contribution toward the hospitalization and 30 medical components of individual and dependent coverage, respectively, 31 in the Empire Plan. In the case of state employees retiring prior to 32 January first, nineteen hundred eighty-three, the state shall contribute 33 one hundred percent of the individual premium and three-fourths of such 34 premium for dependents of such retired employees enrolled in such 35 optional benefit plan; however, these contribution rates shall not 36 exceed one hundred percent of the employer dollar amount contribution 37 for individual and dependent coverage respectively in the Empire Plan. 38 (c) Effective October first, two thousand eleven, notwithstanding any 39 other law, rule or regulation, and where, and to the extent that, an 40 agreement between the state and an employee organization entered into 41 pursuant to article fourteen of this chapter so provides, the state's 42 contribution for cost of premium or subscription charges for the cover- 43 age of state employees and retired state employees enrolled in the 44 statewide and the supplementary health benefit plans established pursu- 45 ant to this article or an optional benefit plan shall be: 46 (i) For state employees employed in a title allocated or equated to 47 salary grade nine or below, the state shall contribute eighty-eight 48 percent of the cost or premium subscription charges for such employees 49 enrolled in the statewide and the supplementary health benefit plans 50 established pursuant to this article for an optional benefit plan and 51 seventy-three percent of the cost or premium subscription charges for 52 dependents of such state employees enrolled in the statewide and the 53 supplementary health benefit plans established pursuant to this article 54 or an optional benefit plan; provided, however, that the contribution 55 rates for the hospitalization, medical, and mental health and substance 56 abuse components of each optional benefit plan shall not exceed oneA. 3634 3 1 hundred percent of the dollar amount of the state's contribution toward 2 the hospitalization, medical, and mental health and substance abuse 3 components of individual and dependent coverage, respectively, in the 4 Empire Plan. 5 (ii) For state employees employed in a title allocated or equated to 6 salary grade ten or above, the state shall contribute eighty-four 7 percent of the cost or premium subscription charges for such employees 8 enrolled in the statewide and the supplementary health benefit plans 9 established pursuant to this article or an optional benefit plan and 10 sixty-nine percent of the cost or premium subscription charges for 11 dependents of such state employees enrolled in the statewide and the 12 supplementary health benefit plans established pursuant to this article 13 or an optional benefit plan; provided, however, that the contribution 14 rates for the hospitalization, medical, and mental health and substance 15 abuse components of each optional benefit plan shall not exceed one 16 hundred percent of the dollar amount of the state's contribution toward 17 the hospitalization, medical, and mental health and substance abuse 18 components of individual and dependent coverage, respectively, in the 19 Empire Plan. 20 (iii) For retired state employees retiring on or after October first, 21 two thousand eleven and before January first, two thousand twelve, the 22 state shall contribute eighty-eight percent of the cost or premium 23 subscription charges for such employees enrolled in the statewide and 24 the supplementary health benefit plans established pursuant to this 25 article or an optional benefit plan and seventy-three percent of the 26 cost or premium subscription charges for dependents of such state 27 employees enrolled in the statewide and the supplementary health benefit 28 plans established pursuant to this article or an optional benefit plan; 29 provided, however, that the contribution rates for the hospitalization, 30 medical, and mental health and substance abuse components of each 31 optional benefit plan shall not exceed one hundred percent of the dollar 32 amount of the state's contribution toward the hospitalization, medical, 33 and mental health and substance abuse components of individual and 34 dependent coverage, respectively, in the Empire Plan. 35 (iv) For retired state employees retiring on or after January first, 36 two thousand twelve from a title allocated or equated to salary grade 37 nine or below, the state shall contribute eighty-eight percent of the 38 cost or premium subscription charges for such employees enrolled in the 39 statewide and the supplementary health benefit plans established pursu- 40 ant to this article or an optional benefit plan and seventy-three 41 percent of the cost or premium subscription charges for dependents of 42 such state employees enrolled in the statewide and the supplementary 43 health benefit plans established pursuant to this article or an optional 44 benefit plan; provided, however, that the contribution rates for the 45 hospitalization, medical, and mental health and substance abuse compo- 46 nents of each optional benefit plan shall not exceed one hundred percent 47 of the dollar amount of the state's contribution toward the hospitaliza- 48 tion, medical, and mental health and substance abuse components of indi- 49 vidual and dependent coverage, respectively, in the Empire Plan. 50 (v) For retired state employees retiring on or after January first, 51 two thousand twelve from a title allocated or equated to salary grade 52 ten or above, the state shall contribute eighty-four percent of the cost 53 or premium subscription charges for such employees enrolled in the 54 statewide and the supplementary health benefit plans established pursu- 55 ant to this article or an optional benefit plan and sixty-nine percent 56 of the cost or premium subscription charges for dependents of such stateA. 3634 4 1 employees enrolled in the statewide and the supplementary health benefit 2 plans established pursuant to this article or an optional benefit plan; 3 provided, however, that the contribution rates for the hospitalization, 4 medical, and mental health and substance abuse components of each 5 optional benefit plan shall not exceed one hundred percent of the dollar 6 amount of the state's contribution toward the hospitalization, medical, 7 and mental health and substance abuse components of individual and 8 dependent coverage, respectively, in the Empire Plan. 9 (d) Notwithstanding any other law, rule or regulation, for the premium 10 or subscription charges for the coverage of retired state employees 11 retiring on and after October first, two thousand eleven enrolled in the 12 statewide and the supplementary health benefit plans or an optional 13 benefit plan established pursuant to this article the state's contrib- 14 ution rate for individual and dependent coverage shall equal the 15 contribution rate in effect on the date that the state employee retired; 16 if, however, such retired state employee's service terminated prior to 17 retirement and such retired state employee was entitled to a vested 18 retirement allowance pursuant to the retirement and social security law 19 on the date his or her service terminated and such retired state employ- 20 ee maintained his or her enrollment in the statewide and the supplemen- 21 tary health benefit plans or an optional benefit plan established pursu- 22 ant to this article the state's contribution rate for individual and 23 dependent coverage shall equal the contribution rate in effect on the 24 date that such retired state employee's service terminated; provided, 25 however, that the contribution rates for the hospitalization, medical, 26 and mental health and substance abuse components of each optional bene- 27 fit plan shall not exceed one hundred percent of the dollar amount of 28 the state's contribution toward the hospitalization, medical, and mental 29 health and substance abuse components of individual and dependent cover- 30 age, respectively, in the Empire Plan. 31 § 2. Subdivision 8 of section 167 of the civil service law, as amended 32 by section 2 of part A of chapter 491 of the laws of 2011, is amended to 33 read as follows: 34 8. Notwithstanding any inconsistent provision of law, where and to the 35 extent that an agreement between the state and an employee organization 36 entered into pursuant to article fourteen of this chapter so provides, 37 the state cost of premium or subscription charges for eligible employees 38 covered by such agreement may be modified pursuant to the terms of such 39 agreement. The president, with the approval of the director of the budg- 40 et, may extend the modified state cost of premium or subscription charg- 41 es for state employees [or retirees] not subject to an agreement refer- 42 enced above and shall promulgate the necessary rules or regulations to 43 implement this provision. 44 § 3. The legislative law is amended by adding a new section 49 to read 45 as follows: 46 § 49. Legislation implementing collective bargaining agreements. 47 Legislation which enacts or amends any provision of law for the purpose 48 of implementing an agreement between the state and an employee organiza- 49 tion entered into pursuant to article fourteen of the civil service law 50 shall be limited to the provisions necessary to implement such agree- 51 ment. 52 § 4. This act shall take effect immediately provided that sections one 53 and two of this act shall be deemed to have been in effect on October 1, 54 2011. No premiums paid by retired state employees in excess of those 55 consistent with the provisions of this act shall be refunded to such 56 retired state employees.
