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

                                  3995

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced  by  M.  of  A.  ABBATE,  BRENNAN, BROOK-KRASNY, CLARK, COOK,
  CYMBROWITZ, DenDEKKER, ESPINAL, GIBSON, KELLNER, MILLER -- Multi-Spon-
  sored by -- M. of A. GOTTFRIED, HIKIND,  PRETLOW,  THIELE,  TITONE  --
  read once and referred to the Committee on Governmental Employees

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;  and
  making an appropriation therefor

  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.  On  December
7, 2010, the New York city off-track betting corporation, a public bene-
fit  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, off-track betting in the  city  of  New
York  provided the state with significant revenues to support government
operations. The legislature further finds that after the governor issued
an executive order to allow the New York city off-track  betting  corpo-
ration to file for bankruptcy pursuant to Chapter 9 of the United States
Bankruptcy Code, the unions representing the employees of such off-track
betting  corporation  worked tirelessly to assist the corporation in its
restructuring efforts, including two  collective  bargaining  agreements
wherein  the employees made significant concessions, 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 such 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07127-01-3
              

A. 3995                             2

program. After the closure of the New York city off-track betting corpo-
ration, those benefits ceased.
  The  legislature  further  finds  that  cessation of these benefits to
public employees who have devoted their working lives to  service  of  a
state  public  benefit  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  the
New  York  city  off-track  betting corporation, the state reaffirms its
commitment to ameliorate the deleterious impact  which  the  closure  of
such corporation has had upon the citizens of the state.
  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. The sum of seven million dollars ($7,000,000), or so much thereof
as  may  be necessary, is hereby appropriated to the department of civil
service out of any moneys in the state treasury in the general  fund  to
the credit of the aid to localities account, not otherwise appropriated,
and  made  immediately  available,  for  the purpose of carrying out the
provisions of this act. Such moneys shall be payable on  the  audit  and
warrant  of  the  comptroller  on  vouchers certified or approved by the
president of the civil service commission in the  manner  prescribed  by
law.
  S 4. This act shall take effect immediately.