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

  Section 1. Legislative intent. The state of New York has  an  interest
in  the  welfare  of its citizens, and the general welfare of its senior
citizens is a matter of great public concern to the state of  New  York.
On  December 7, 2010, the New York City Off Track Betting Corporation, a
public benefits corporation created in 1973 pursuant to  article  VI  of
the racing, pari-mutual wagering and breeding law ceased operations. The
legislature  finds  that,  since  its inception, New York City Off Track
Betting provided the state of New  York  with  significant  revenues  to
support  government operations. The legislature further finds that after
the governor of the state of New York issued an executive order to allow
the New York City Off Track Betting Corporation to file  for  bankruptcy
pursuant  to  Chapter 9 of the United States Bankruptcy Code, the unions
representing the employees of NYCOTB worked  tirelessly  to  assist  the
corporation  in  its  restructuring  efforts,  including  two collective
bargaining agreements wherein the  employees  made  significant  conces-
sions,  including voluntary separation from the corporation, in order to
save the corporation and assist their fellow employees.
  The legislature further finds that employees retired from  the  corpo-
ration,  after  having received the assurance that they and their depen-
dants would receive health insurance and supplemental  benefit  coverage
under  their  collective  bargaining  representative's  welfare  benefit
program. After the closure of New York City  Off  Track  Betting,  those
benefits ceased.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09353-01-1

              

S. 4489                             2

  The  legislature  further  finds  that  cessation of these benefits to
public employees who have devoted their working lives to  service  of  a
New York state public benefits corporation works a great injustice and a
severe  hardship  to  the retirees and their dependants, thereby putting
their health and very lives in danger.
  The  legislature  further  finds  that  by  honoring the commitment to
provide health insurance and supplemental benefits to  retirees  of  New
York City Off Track Betting, the state reaffirms its commitment to amel-
iorate  the  deleterious  impact  which the closure of New York City Off
Track Betting has had upon the citizens of the state of New York.
  S 2. Subdivision 4 of section 606 of the racing, pari-mutuel  wagering
and  breeding  law,  as  amended  by chapter 115 of the laws of 2008, is
amended to read as follows:
  4. All [employees and officers] PRESENT AND  FUTURE  RETIREES  of  the
corporation  in  classes  or  positions  whose incumbents, in equivalent
classes or positions of the city, are eligible, as of the effective date
hereof, to participate in, and receive benefits from any city authorized
health insurance or  welfare  benefit  program,  shall  be  eligible  to
participate  in,  and receive benefits from any such health insurance or
welfare benefit program; provided, however, that the [corporation] STATE
shall reimburse the city or its designee for the actual cost of benefits
under this subdivision.
  S 3. This act shall take effect immediately.