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

                                  5295

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to deductions of benefits
  of certain retired members

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

  Section  1. The education law is amended by adding a new section 396-a
to read as follows:
  S 396-A. DEDUCTIONS FROM  BENEFITS  OF  CERTAIN  RETIRED  MEMBERS.  1.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, AN ELECTING EMPLOYEE WHO IS
RETIRED FROM THE OPTIONAL RETIREMENT SYSTEM SHALL HAVE THE RIGHT, AT ANY
TIME AFTER SUCH ELECTING EMPLOYEE'S RETIREMENT, TO EXECUTE  AND  FILE  A
DEDUCTION  AUTHORIZATION  CARD  WITH  THE DESIGNATED INSURER OR INSURERS
UPON AUDIT AND WARRANT OF THE COMPTROLLER FOR  EMPLOYEES  OF  THE  STATE
UNIVERSITY  AND  BY  THE  APPROPRIATE FISCAL OFFICER FOR EMPLOYEES OF AN
ELECTING EMPLOYER AUTHORIZING THE DEDUCTION FROM SUCH  ELECTING  EMPLOY-
EE'S  RETIREMENT  ALLOWANCE OF MEMBERSHIP DUES AND SUCH ELECTING EMPLOY-
EE'S SHARE OF THE COST FOR EMPLOYEE ORGANIZATION-SPONSORED BENEFIT PLANS
AND THE PAYMENT THEREOF TO A RETIREE ORGANIZATION OF WHICH THE  ELECTING
EMPLOYEE  IS  THEN  A MEMBER AND WHICH IS THEN AFFILIATED WITH EITHER AN
EMPLOYEE ORGANIZATION CERTIFIED OR RECOGNIZED AS THE COLLECTIVE BARGAIN-
ING REPRESENTATIVE OF ALL EMPLOYEES IN THE NEGOTIATING UNIT OF WHICH THE
ELECTING EMPLOYEE WAS A PART PRIOR TO HIS OR HER RETIREMENT OR  WITH  AN
EMPLOYEE  ORGANIZATION  WITH  WHICH  SUCH  EMPLOYEE ORGANIZATION IS THEN
AFFILIATED. THE DESIGNATED INSURER OR INSURERS UPON AUDIT AND WARRANT OF
THE COMPTROLLER FOR EMPLOYEES OF THE STATE UNIVERSITY AND BY THE  APPRO-
PRIATE FISCAL OFFICER FOR EMPLOYEES OF AN ELECTING EMPLOYER SHALL THERE-
AFTER DEDUCT FROM THE RETIREMENT ALLOWANCE OF SUCH ELECTING EMPLOYEE THE
AMOUNT  OF  MEMBERSHIP DUES AND SUCH AMOUNTS REQUIRED TO BE PAID BY SUCH
ELECTING EMPLOYEE FOR SUCH  AUTHORIZED  EMPLOYEE  ORGANIZATION-SPONSORED
BENEFIT  PLANS,  AND  SHALL TRANSMIT THE SUM SO DEDUCTED TO SAID RETIREE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10514-01-5
              

S. 5295                             2

ORGANIZATION. SUCH AUTHORIZATION SHALL CONTINUE IN EFFECT UNTIL  REVOKED
IN  WRITING BY SUCH ELECTING EMPLOYEE. FOR PURPOSES OF THIS SECTION, THE
TERM "EMPLOYEE ORGANIZATION-SPONSORED BENEFIT PLANS" SHALL  INCLUDE  ANY
AND  ALL  INSURANCE  PLANS  AND/OR OTHER BENEFIT PLANS SPONSORED BY SUCH
RETIREE ORGANIZATION WHETHER PROVIDED BY  (A)  A  NOT-FOR-PROFIT  CORPO-
RATION  LICENSED UNDER ARTICLE FORTY-THREE OF THE INSURANCE LAW; (B) ANY
INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE; (C) A  HEALTH
MAINTENANCE  ORGANIZATION  ISSUED A CERTIFICATE OF AUTHORITY PURSUANT TO
ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW;  OR  (D)  A  SELF-INSURANCE
ARRANGEMENT, WELFARE FUND OR BENEFIT FUND.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, A RETIRED ELECTED
EMPLOYEE SHALL HAVE THE RIGHT, AT ANY TIME AFTER HIS OR HER  RETIREMENT,
TO  EXECUTE  AND FILE A DEDUCTION AUTHORIZATION CARD WITH THE DESIGNATED
INSURER OR INSURERS UPON  AUDIT  AND  WARRANT  OF  THE  COMPTROLLER  FOR
EMPLOYEES  OF THE STATE UNIVERSITY AND BY THE APPROPRIATE FISCAL OFFICER
FOR EMPLOYEES OF AN ELECTING EMPLOYER AUTHORIZING THE PAYMENT OF  VOLUN-
TARY CONTRIBUTIONS TO THE POLITICAL COMMITTEE, AS DEFINED IN SUBDIVISION
ONE  OF  SECTION 14-100 OF THE ELECTION LAW, OF SUCH ELECTING EMPLOYEE'S
EMPLOYEE ORGANIZATION, PROVIDED SUCH ORGANIZATION IS CERTIFIED OR RECOG-
NIZED PURSUANT TO ARTICLE FOURTEEN OF  THE  CIVIL  SERVICE  LAW  AS  THE
REPRESENTATIVE  OF  ALL  EMPLOYEES IN THE NEGOTIATING UNIT IN WHICH SUCH
RETIRED ELECTING EMPLOYEE WAS THEN EMPLOYED.  SUCH  AUTHORIZATION  SHALL
CONTINUE  IN  EFFECT UNTIL REVOKED IN WRITING BY SUCH ELECTING EMPLOYEE.
THE DESIGNATED INSURER OR INSURERS UPON AUDIT AND WARRANT OF  THE  COMP-
TROLLER  FOR  EMPLOYEES  OF  THE STATE UNIVERSITY AND BY THE APPROPRIATE
FISCAL OFFICER FOR EMPLOYEES OF AN ELECTING EMPLOYER SHALL DETERMINE THE
COST OF ADMINISTERING DEDUCTIONS  FOR  VOLUNTARY  CONTRIBUTIONS  TO  THE
POLITICAL  COMMITTEE  AND  THE  COST  INCURRED  FOR  ADMINISTERING  SUCH
CONTRIBUTIONS SHALL BE PAID FROM THE FUNDS OF THE POLITICAL COMMITTEE.
  S 2. The education law is amended by adding a new section 6257 to read
as follows:
  S 6257. DEDUCTIONS  FROM  BENEFITS  OF  CERTAIN  RETIRED  MEMBERS.  1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER WHO IS RETIRED FROM
THE BOARD OF HIGHER EDUCATION OPTIONAL RETIREMENT PROGRAM SHALL HAVE THE
RIGHT, AT ANY TIME AFTER SUCH MEMBER'S RETIREMENT, TO EXECUTE AND FILE A
DEDUCTION  AUTHORIZATION  CARD  WITH  THE DESIGNATED INSURER OR INSURERS
UPON AUDIT AND WARRANT OF THE COMPTROLLER AUTHORIZING THE DEDUCTION FROM
SUCH MEMBER'S RETIREMENT ALLOWANCE OF MEMBERSHIP DUES AND SUCH  MEMBER'S
SHARE  OF THE COST FOR EMPLOYEE ORGANIZATION-SPONSORED BENEFIT PLANS AND
THE PAYMENT THEREOF TO A RETIREE ORGANIZATION OF  WHICH  THE  MEMBER  IS
THEN  A  MEMBER  AND  WHICH  IS  THEN AFFILIATED WITH EITHER AN EMPLOYEE
ORGANIZATION CERTIFIED OR RECOGNIZED AS THE COLLECTIVE BARGAINING REPRE-
SENTATIVE OF ALL EMPLOYEES IN THE NEGOTIATING UNIT OF WHICH  THE  MEMBER
WAS  A PART PRIOR TO HIS OR HER RETIREMENT OR WITH AN EMPLOYEE ORGANIZA-
TION WITH WHICH SUCH EMPLOYEE ORGANIZATION  IS  THEN  AFFILIATED.    THE
DESIGNATED INSURER OR INSURERS UPON AUDIT AND WARRANT OF THE COMPTROLLER
SHALL THEREAFTER DEDUCT FROM THE RETIREMENT ALLOWANCE OF SUCH MEMBER THE
AMOUNT  OF  MEMBERSHIP DUES AND SUCH AMOUNTS REQUIRED TO BE PAID BY SUCH
MEMBER  FOR  SUCH  AUTHORIZED  EMPLOYEE  ORGANIZATION-SPONSORED  BENEFIT
PLANS,  AND SHALL TRANSMIT THE SUM SO DEDUCTED TO SAID RETIREE ORGANIZA-
TION. SUCH AUTHORIZATION SHALL CONTINUE IN EFFECT UNTIL REVOKED IN WRIT-
ING BY SUCH MEMBER. FOR PURPOSES OF THIS  SECTION,  THE  TERM  "EMPLOYEE
ORGANIZATION-SPONSORED  BENEFIT  PLANS" SHALL INCLUDE ANY AND ALL INSUR-
ANCE PLANS AND/OR OTHER BENEFIT PLANS SPONSORED BY SUCH  RETIREE  ORGAN-
IZATION  WHETHER  PROVIDED  BY (A) A NOT-FOR-PROFIT CORPORATION LICENSED
UNDER ARTICLE FORTY-THREE OF THE INSURANCE LAW; (B) ANY INSURANCE COMPA-

S. 5295                             3

NY AUTHORIZED TO DO BUSINESS IN THIS STATE;  (C)  A  HEALTH  MAINTENANCE
ORGANIZATION  ISSUED  A  CERTIFICATE  OF  AUTHORITY  PURSUANT TO ARTICLE
FORTY-FOUR OF THE PUBLIC HEALTH LAW; OR (D)  A  SELF-INSURANCE  ARRANGE-
MENT, WELFARE FUND OR BENEFIT FUND.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A RETIRED MEMBER SHALL
HAVE THE RIGHT, AT ANY TIME AFTER HIS OR HER RETIREMENT, TO EXECUTE  AND
FILE  A  DEDUCTION  AUTHORIZATION  CARD  WITH  THE DESIGNATED INSURER OR
INSURERS UPON AUDIT AND  WARRANT  OF  THE  COMPTROLLER  AUTHORIZING  THE
PAYMENT  OF  VOLUNTARY  CONTRIBUTIONS  TO  THE  POLITICAL  COMMITTEE, AS
DEFINED IN SUBDIVISION ONE OF SECTION 14-100 OF  THE  ELECTION  LAW,  OF
SUCH  MEMBER'S  EMPLOYEE  ORGANIZATION,  PROVIDED  SUCH  ORGANIZATION IS
CERTIFIED OR RECOGNIZED  PURSUANT  TO  ARTICLE  FOURTEEN  OF  THE  CIVIL
SERVICE  LAW  AS  THE REPRESENTATIVE OF ALL EMPLOYEES IN THE NEGOTIATING
UNIT IN WHICH SUCH RETIRED MEMBER WAS THEN EMPLOYED. SUCH  AUTHORIZATION
SHALL  CONTINUE  IN  EFFECT UNTIL REVOKED IN WRITING BY SUCH MEMBER. THE
DESIGNATED INSURER OR INSURERS UPON AUDIT AND WARRANT OF THE COMPTROLLER
SHALL DETERMINE THE  COST  OF  ADMINISTERING  DEDUCTIONS  FOR  VOLUNTARY
CONTRIBUTIONS  TO  THE  POLITICAL  COMMITTEE  AND  THE COST INCURRED FOR
ADMINISTERING SUCH CONTRIBUTIONS SHALL BE PAID FROM  THE  FUNDS  OF  THE
POLITICAL COMMITTEE.
  S  3. This act shall take effect one year after it shall have become a
law.