Bill Text: NY S07120 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to health insurance buyout programs.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2016-06-17 - SUBSTITUTED BY A9715 [S07120 Detail]

Download: New_York-2015-S07120-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7120
                    IN SENATE
                                     March 30, 2016
                                       ___________
        Introduced  by  Sen.  GOLDEN -- 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, in relation to  health  insurance
          buyout programs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 161 of the civil service law is amended by adding a
     2  new subdivision 4 to read as follows:
     3    4. Notwithstanding any law, rule or regulation to  the  contrary,  the
     4  president  shall  not  by  rule,  regulation,  policy  memo or otherwise
     5  preclude, prevent or in any way deny a participating agency or a partic-
     6  ipating employer, including any public authority, public benefit  corpo-
     7  ration,  school  district,  district corporation, municipal corporation,
     8  municipality, county, community  college,  public  authority,  board  of
     9  cooperative  educational  services  (BOCES),  vocational educational and
    10  extension board, or other public  agency,  subdivision  or  quasi-public
    11  organization  which  elects  to  include  its  employees  and/or retired
    12  employees in the plan from entering into a collective bargaining  agree-
    13  ment or from establishing a practice with a bargaining unit of employees
    14  represented  by  that participating agency or participating employer, or
    15  from implementing an existing collective bargaining agreement or  estab-
    16  lished  practice  where  such  collective bargaining agreement or estab-
    17  lished practice provides for a health  insurance  buyout  program.  Such
    18  health  insurance  buyout  programs shall be considered terms and condi-
    19  tions of employment under the public  employees'  fair  employment  act.
    20  Health  insurance  buyouts  made  pursuant  to any such health insurance
    21  buyout program may be made notwithstanding that the  employee  receiving
    22  the  buyout  and  his  or her spouse both are enrolled in New York state
    23  health insurance plan (NYSHIP) or any plan associated with  or  adminis-
    24  tered  by  NYSHIP.  Similarly, where such buyouts have been collectively
    25  bargained and/or established by past practice, participation  in  health
    26  insurance  buyout  programs  shall not be denied to retired employees on
    27  the basis that the retired employee's spouse is enrolled  in  NYSHIP  or
    28  any plan associated with or administered by NYSHIP.
    29    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14785-01-6