S T A T E   O F   N E W   Y O R K
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                                   4489
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 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:
   §  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.
              

                                                            LBD06630-01-9

 S. 4489                             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.
   § 2. The education law is amended by adding a new section 6257 to read
 as follows:
   § 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. 4489                             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.
   §  3. This act shall take effect one year after it shall have become a
 law.