Legislation
SECTION 396-A
Deductions from benefits of certain retired members
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 8-B
§ 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
employee's retirement allowance of membership dues and such electing
employee'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 bargaining 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 appropriate fiscal officer for employees of an
electing employer shall thereafter 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 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 corporation 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
voluntary 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 recognized 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 comptroller 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.
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
employee's retirement allowance of membership dues and such electing
employee'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 bargaining 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 appropriate fiscal officer for employees of an
electing employer shall thereafter 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 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 corporation 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
voluntary 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 recognized 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 comptroller 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.