S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4099
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee 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
 employees  or  group  of  retired officers and employees of an agency or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01717-01-1

 A. 4099                             2
 
 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.