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

                                 639--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ABINANTI,  GUNTHER, PAULIN, BRINDISI, GALEF,
  STECK, DiPIETRO, SANTABARBARA  --  Multi-Sponsored  by  --  M.  of  A.
  MONTESANO, TENNEY, TITUS -- read once and referred to the Committee on
  Governmental Employees -- recommitted to the Committee on Governmental
  Employees  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general municipal  law,  in  relation  to  providing
  notice  of health insurance contracts for retired officers, employees,
  and their families

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

  Section 1. Subdivision 2 of section 92-a of the general municipal law,
as  amended by chapter 805 of the laws of 1984 and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is amended  and
a new subdivision 2-a is added to read as follows:
  2.  [A]  CONSISTENT  WITH  THE PROVISIONS OF SUBDIVISION TWO-A OF THIS
SECTION, A public corporation may contract with a non-profit  membership
corporation,  organized  under  article forty-three of the insurance law
and approved by the superintendent of financial services and  the  state
board  of social welfare, or with any insurance company authorized to do
business in this state for the purpose of furnishing medical and  surgi-
cal  services  and  hospital  service  as defined in such article forty-
three, or medical and surgical and hospital  insurance  to  persons  who
contract with such non-profit membership corporation or insurance compa-
ny,  or  who  subscribe to a plan or plans, as hereinafter provided. Any
such contract entered into by a  public  corporation  shall  permit  any
officer  or  employee  or group of officers or employees of an agency or
department of the public corporation voluntarily to subscribe to a  plan
or  plans providing for medical and surgical and hospital insurance for,
or medical and surgical services and hospital service to, such  officers
or  employees  and  their  families. Any such contract entered into by a
public corporation may, if authorized by the governing board or body and
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04353-04-6

A. 639--A                           2

subject to such conditions, limitations and eligibility requirements  as
may  be  fixed  by  such  board or body, permit any retired officers and
employees or group of retired officers and employees  of  an  agency  or
department  of the public corporation voluntarily to subscribe to such a
plan or plans to provide such insurance for or service to themselves and
their families. The comptroller  or  other  disbursing  officer  of  the
public corporation, or of any fund out of which officers or employees of
such public corporation are paid, is authorized to deduct from the wages
or  salary  of such contracting or subscribing officer or employee, with
his prior consent, in writing, the sums required  to  be  paid  by  such
officer  or employee to such non-profit membership corporation or insur-
ance company. Such public corporation, if such contract or plan provides
that the employer shall contribute a share of the cost of  such  medical
and  surgical services and hospital service, or medical and surgical and
hospital insurance, for its officers and employees or  retired  officers
and  employees,  is  authorized to appropriate a sum required to be paid
under such contract by the public corporation as employer. The sum to be
paid by it under such contract, in the discretion of such public  corpo-
ration,  may  be  any  percentage  of the total cost including the whole
thereof. Where the compensation of any officer or employee  whose  posi-
tion is covered by medical and surgical services and hospital service or
medical  and surgical and hospital insurance pursuant to this section is
paid from a special or administrative fund  provided  for  by  law,  the
contributions  required  to  be  paid by the public corporation for such
coverage shall be paid from such special  or  administrative  fund.  The
public  corporation shall be authorized to pay directly to such non-pro-
fit membership corporation or to such insurance company,  the  total  of
such appropriation and of such officer and employee deductions.
  2-A.  NINETY DAYS PRIOR TO THE GOVERNING BOARD OF A PUBLIC CORPORATION
AUTHORIZING OR APPROVING A CONTRACT OR PLAN OF HEALTH INSURANCE,  OR  AN
AMENDMENT  THERETO,  FOR  RETIRED  OFFICERS, RETIRED EMPLOYEES, OR THEIR
FAMILIES PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE PUBLIC  CORPO-
RATION  SHALL  GIVE  WRITTEN  NOTICE  OF SUCH PROPOSED CONTRACT, PLAN OR
AMENDMENT, TO THE RETIRED OFFICERS, RETIRED EMPLOYEES, OR THEIR FAMILIES
WHO ARE COVERED UNDER SUCH CONTRACT OR PLAN. WHERE THE CONTRACT, PLAN OR
AMENDMENT IS CONTRACTED FOR AS PART OF  NEGOTIATIONS  BETWEEN  A  PUBLIC
CORPORATION  AND A RECOGNIZED AND CERTIFIED EMPLOYEE ORGANIZATION PURSU-
ANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW,  SUCH  WRITTEN  NOTICE
SHALL  BE GIVEN AT THE TIME SUCH HEALTH INSURANCE CONTRACT IS BINDING ON
THE COVERED RETIRED OFFICERS, RETIRED EMPLOYEES, OR THEIR FAMILIES. SUCH
WRITTEN NOTICE SHALL CONTAIN EITHER: (A) THE FULL TEXT OF SUCH  PROPOSED
CONTRACT,  PLAN  OR  AMENDMENT  AND  ANY  RELEVANT FINANCIAL INFORMATION
INCLUDING, BUT NOT LIMITED TO THE COST OF THE PROPOSED CONTRACT, PLAN OR
AMENDMENT TO THE PUBLIC CORPORATION AND THE COST TO THE COVERED  RETIRED
OFFICERS, RETIRED EMPLOYEES, OR THEIR FAMILIES; OR (B) THE GENERAL TERMS
OF  THE  PROPOSED  CONTRACT,  PLAN  OR AMENDMENT ALONG WITH THE PHYSICAL
LOCATION AND WEB ADDRESS TO A SECURE WEBSITE WHERE THE  COVERED  RETIRED
OFFICERS,  RETIRED EMPLOYEES OR THEIR FAMILY MEMBERS CAN OBTAIN THE FULL
TEXT OF SUCH PROPOSED CONTRACT,  PLAN  OR  AMENDMENT  AND  ANY  RELEVANT
FINANCIAL  INFORMATION  INCLUDING,  BUT  NOT  LIMITED TO THE COST OF THE
PROPOSED CONTRACT, PLAN OR AMENDMENT TO THE PUBLIC CORPORATION  AND  THE
COST  TO THE COVERED RETIRED OFFICERS, RETIRED EMPLOYEES, OR THEIR FAMI-
LIES.
  S 2. This act shall take effect immediately and  shall  apply  to  any
health  insurance  contract  or plan entered into, renewed, modified, or
amended on or after such effective date.