S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5210
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ABINANTI,  GUNTHER, PAULIN, BRINDISI, GALEF,
   STECK, DiPIETRO -- Multi-Sponsored by -- M. of A. MONTESANO, TITUS  --
   read once and referred to the Committee on Governmental Employees
 
 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
 subject  to such conditions, limitations and eligibility requirements as
 may be fixed by such board or body,  permit  any  retired  officers  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05751-02-7

 A. 5210                             2
 
 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. FORTY-FIVE DAYS PRIOR TO THE GOVERNING BOARD OF A  PUBLIC  CORPO-
 RATION  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
 CORPORATION 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.
   § 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.