S T A T E   O F   N E W   Y O R K
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                                  5785

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2011
                               ___________

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

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to provision of health insurance and supplemental benefits to
  retirees of the New York city off track betting corporation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative intent. The state of New York has an interest
in the welfare of its citizens, and the general welfare  of  its  senior
citizens  is  a matter of great public concern to the state of New York.
On December 7, 2010, the New York City Off Track Betting Corporation,  a
public  benefits  corporation  created in 1973 pursuant to article VI of
the racing, pari-mutual wagering and breeding law ceased operations. The
legislature finds that, since its inception, New  York  City  Off  Track
Betting  provided  the  state  of  New York with significant revenues to
support government operations. The legislature further finds that  after
the governor of the state of New York issued an executive order to allow
the  New  York City Off Track Betting Corporation to file for bankruptcy
pursuant to Chapter 9 of the United States Bankruptcy Code,  the  unions
representing  the  employees  of  NYCOTB worked tirelessly to assist the
corporation in  its  restructuring  efforts,  including  two  collective
bargaining  agreements  wherein  the  employees made significant conces-
sions, including voluntary separation from the corporation, in order  to
save the corporation and assist their fellow employees.
  The  legislature  further finds that employees retired from the corpo-
ration, after having received the assurance that they and  their  depen-
dants  would  receive health insurance and supplemental benefit coverage
under  their  collective  bargaining  representative's  welfare  benefit
program.  After  the  closure  of New York City Off Track Betting, those
benefits ceased.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09353-01-1

              

A. 5785                             2

  The legislature further finds that  cessation  of  these  benefits  to
public  employees  who  have devoted their working lives to service of a
New York state public benefits corporation works a great injustice and a
severe hardship to the retirees and their  dependants,  thereby  putting
their health and very lives in danger.
  The  legislature  further  finds  that  by  honoring the commitment to
provide health insurance and supplemental benefits to  retirees  of  New
York City Off Track Betting, the state reaffirms its commitment to amel-
iorate  the  deleterious  impact  which the closure of New York City Off
Track Betting has had upon the citizens of the state of New York.
  S 2. Subdivision 4 of section 606 of the racing, pari-mutuel  wagering
and  breeding  law,  as  amended  by chapter 115 of the laws of 2008, is
amended to read as follows:
  4. All [employees and officers] PRESENT AND  FUTURE  RETIREES  of  the
corporation  in  classes  or  positions  whose incumbents, in equivalent
classes or positions of the city, are eligible, as of the effective date
hereof, to participate in, and receive benefits from any city authorized
health insurance or  welfare  benefit  program,  shall  be  eligible  to
participate  in,  and receive benefits from any such health insurance or
welfare benefit program; provided, however, that the [corporation] STATE
shall reimburse the city or its designee for the actual cost of benefits
under this subdivision.
  S 3. This act shall take effect immediately.