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

                                  9444

                          I N  A S S E M B L Y

                             April 30, 2014
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

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
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

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

                                                           LBD14654-01-4

A. 9444                             2

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-
NY  AUTHORIZED  TO  DO  BUSINESS IN THIS STATE; (C) A HEALTH MAINTENANCE
ORGANIZATION ISSUED A  CERTIFICATE  OF  AUTHORITY  PURSUANT  TO  ARTICLE

A. 9444                             3

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 immediately.