S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2469

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Governmental Employees

AN ACT to amend the civil service law, in relation to  authorizing  past
  or  retired  school  board  members to purchase state health insurance
  after ten years

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  2 and 4 of section 163 of the civil service
law, subdivision 2 as amended by chapter 617 of the  laws  of  1967  and
subdivision 4 as amended by chapter 329 of the laws of 1960, are amended
to read as follows:
  2.  The  contract  or contracts shall provide for health insurance for
retired employees of the state and of the state colleges of agriculture,
home economics, industrial labor relations and veterinary medicine,  the
state  agricultural experiment station at Geneva, and any other institu-
tion or agency under the management and control of Cornell university as
the representative of the board of trustees of the state  university  of
New  York,  and  the  state college of ceramics under the management and
control of Alfred university as the representative of the board of trus-
tees of the state university of New York, and their spouses and  depend-
ent  children  as  defined  by the regulations of the president, on such
terms as the president may  deem  appropriate,  and  the  president  may
authorize the inclusion in the plan of the employees and retired employ-
ees   of   public   authorities,  public  benefit  corporations,  school
districts, SCHOOL BOARD MEMBERS WHO HAVE SERVED FOR TEN  YEARS,  special
districts,   district  corporations,  municipal  corporations  excluding
active employees and retired employees of cities having a population  of
one  million  or  more  inhabitants  whose compensation is or was before
retirement paid out of the city treasury, or other appropriate agencies,
subdivisions or quasi-public organizations of the state and their spous-
es and dependent children as defined by the regulations  of  the  presi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01583-01-9
              

A. 2469                             2

dent.  Any  such  corporation,  district, SCHOOL BOARD MEMBER, agency or
organization electing to participate in the plan shall  be  required  to
pay  its  OR  HIS OR HER proportionate share of the expenses of adminis-
tration  of the plan in such amounts and at such times as determined and
fixed by the president.  All amounts payable for such expenses of admin-
istration shall be paid to the commissioner of taxation and finance  and
shall  be  applied to the reimbursement of funds previously advanced for
such purposes.  Neither the state nor any other participant in the  plan
shall  be  charged  with  the  particular experience attributable to the
employees of the participant, and  all  dividends  or  retroactive  rate
credits shall be distributed pro-rata based upon the number of employees
of such participant covered by the plan.
  4.  Any public authority, public benefit corporation, school district,
SCHOOL BOARD, special district, district corporation,  municipal  corpo-
ration, or other agency, subdivision or quasi-public organization of the
state,  whose  employees  and  retired  employees  are  authorized to be
included in the plan as provided by subdivision two OF THIS SECTION, may
elect to participate in such plan.  Any such election shall be exercised
by the adoption of a resolution by its governing body and, in  the  case
of any municipal corporation where a resolution of its governing body is
required by law to be approved by any other body or officer, such resol-
ution  shall  also  be  approved by such other body or officer. Any such
election may be made with respect to inclusion in the plan of  both  its
employees  and  its  retired  employees at the same time, or may be made
only with respect to its  employees  alone  and  at  another  time  with
respect  to  its  retired  employees.  Any  such authority, corporation,
district,  BOARD,  agency,  subdivision  or  organization  making   such
election  shall become a participating employer under such plan, subject
to and in accordance with the  regulations  of  the  president  relating
thereto.
  S 2. This act shall take effect immediately.