2010 RPEA Legislative Principles

PRESERVE Retired Employees' Health Insurance Benefits

        Retirees have generally enjoyed health insurance benefits equal to those of active employees.  With rising costs, some public employers are attempting to erode this vital benefit.  RPEA is seeking adequate and affordable health insurance coverage for every public retiree.

SUPPORT Income Security for Retirees

        Inflation erodes retirees' standard of living, especially for lower income and older retirees.  Increases in pension benefits have lagged far behind the Consumer Price Index (CPI).  Improved Cost of Living Adjustments (COLAs) to enable retirees to combat inflation and maintain an adequate standard of living should be enacted.

PROMOTE Uniform Treatment for Similar Groups of Retirees

        Arbitrary distinctions should be avoided when pension benefits are improved.  Additionally, survivors' benefits to pensioners' families should be kept current.

PROTECT Pension System Integrity and Fairness

        Reasonable public policies relating to public retirees should be maintained to prevent abuse of the pension system.  Administrative and legislative processes should be reformed to insure openness and accountability of the public pension systems.

RPEA Legislative Bulletins-2010

Summer 2010

Medicare Part B Alert- Click Here to read Alert

Legal Opinion by Harvey Randall, Esq. on State Budget Medicare Premium Proposal- Click here to read Opinion                                                                         

Letter Sending Legal Opinion to Key Legislators & Staff- Click Here to read Letter                                          

                                                                                    

May 2010                                                                                                                                                                                                                      

Third Party Notification bill - A.217, introduced by Assemblyman Latimer was signed by Governor Paterson into law on April 28, 2010 as Chapter 49 of the Laws of 2010.  The bill would expand the requirement that insurance companies must allow health insurance policy holders over the age of 65 to designate a third party to receive any notification of cancellation with respect to all health insurance policies. The effective date of the bill is the 180th day following its enactment.  Therefore, the bill would apply to policies that are “issued, renewed, altered or modified” on or after October 25, 2010.

April 2010

NYS Budget Update- Medicare B.  Click here to read update.

January-March 2010

Post-retirement earnings limit bill - The current bill (A.6957-A, Sweeney/S.4563-A, Savino) would raise the current limit of allowable post-retirement earnings of $30,000 to $32,500 per year.  On January 26, 2010, the Senate bill was reported from the Senate Civil Service and Pension Committee to the Senate Finance Committee.  At the beginning of session, the Assembly bill was returned to the Assembly Governmental Empoyees Committee from the Assembly Ways & Means Committtee to which it had been reported during the 2009 legislative session.

Third Party Notification bill – The bill would expand the requirement that insurance companies must allow health insurance policy holders over the age of 65 to designate a third party to receive any notification of cancellation with respect to all health insurance policies.  The Assembly bill (A.217, Latimer) passed the Assembly on February 4, 2010 and was substituted for the Senate bill (S.5456, Diaz) on the Senate Third Reading Calendar (Calendar No. 289) after the Senate bill had been reported from the Senate Insurance Committee on March 25, 2010.

 

RPEA Legislative Bulletins-2009

December 2009

In a letter dated December 3, 2009, President Stan Winter wrote to New York’s two United States Senators and to every member of the New York Congressional delegation expressing RPEA’s opinion with respect to the health care reform legislation advancing in Congress.  Although the federal legislation is not anywhere near its final form, RPEA felt it was time to state our concerns on the legislation as it exits after both houses of Congress took preliminary action on the reform legislation.  Click here to read RPEA President Stanley Winter’s letter. 

On December 2, 2009, the Senate and Assembly passed a bill, A.40026, to create a Tier V pension system applicable to the New York State & Local Employees Retirement System, the New York State Police & Fire Retirement System and the New York State Teachers’ Retirement System.  The bill also contained a provision making permanent Chapter 729 of the Laws of 1994, the law prohibiting the diminishment of health insurance benefits to school district retirees below the level of such benefits provided to active employees. On December 12, 2009, the Governor signed A.40026 into law  as Chapter 504 of the Laws of 2009

November 2009

RPEA issued a letter on November 24, 2009 in support of bills to protect the health insurance benefits of all public employee retirees introduced at the request of the Alliance of Public Retiree Organizations.  The bills, S.5543 by Senator Jeffrey D. Klein and A.7060 by Assembly Member Ann-Margaret E. Carrozza, would prohibit public employers from diminishing health benefits provided to public retirees and their dependents below the level of such benefits made to active employees as of May 1, 2010.  Click here to read RPEA President Stan Winter’s letter of support.

On November 9, 2009 at the 40th Anniversary Meeting of RPEA, the distinguished Marion Martin Awarded was bestowed upon Senator Hugh T. Farley for all of his efforts sponsoring legislation to benefit public employee retirees.  Senator Farley’s faithful devotion in advancing COLA legislation and bills to protect public retirees’ health insurance benefits merited such a prestigious award and gratitude on behalf of RPEA and its members.

October 2009

On October 8, 2009,Attorney General Andrew M. Cuomo, along with certain members of the Senate Democratic Conference, announced legislation that would replace the sole trustee at the New York State Common Retirement Fund with a Board of Trustees.  The bill also made other reforms to eliminate the “pay to play” abuses in the pension system, many of which State Comptroller Thomas P. DiNapoli had already implemented through regulations.  RPEA vigorously opposed this elimination of the Comptroller as sole fiduciary of the pension funds.  Click here to read RPEA President Stanley Winter’s response.  The bill has not been introduced in the Legislature as of the middle of December, 2009.

June 2009

On June 8, 2009, the Senate Insurance Committee reported the Third Party Notification bill (S.5456, Diaz) to the Senate Rules Committee.  The Assembly companion bill (A.217, Latimer) has already passed the Assembly (See February 4, 2009 below).

RPEA SUPPORTS THIRD PARTY NOTIFICATION BILL - S.5456/A.217 Bill would require notification of third party before cancellation of long term or health insurance for persons over 65. Click Here to read RPEA's Memorandum of Support

May 2009

On May 5, 2009, the NYS Senate adopted a Resolution commemorating RPEA’s 40th Anniversary.  The resolution was introduced by Senator Neil D. Breslin of the Capital District and kicked off RPEA’s annual Legislative Action Day which took place on May 5th and May 6th in Albany.  (Click here to read the Senate Resolution)

On May 12, 2009, the Governor signed S.2342, Savino (see below) which is the annual extension bill relating to school district retiree health insurance and which becomes Chapter 30 of the Laws of 2009.

On May 13, 2009, RPEA issued a Memorandum in Support of the Third Party Notification bill (S.5456, Diaz – A.217, Latimer).  The bill would establish a system of designating a third party to receive notifications on behalf of persons over 65 years of age upon cancellation of health insurance or long term health care policies. (Click Here to read RPEA's Memorandum of Support)

On May 19, 2009, the Assembly Committee on Governmental Employees reported the following bills to the Ways & Means Committee.  The first two bills were reported by the Senate Civil Service and Pension Committee on May 26, 2009:

A.5315, Abbate – S. 3511, Savino – This bill would allow all pension systems to increase the percentage of their assets in real property to 10%. (NYSTRS bill)

A. 7973, Abbate – S. 5532, Savino – This bill would reduce the date a service retirement may become effective from thirty to fifteen days. (NYS Comptroller bill)

A.8059-A, Abbate – S.5418, Savino – This bill would reform the process for preparing  a Legislative Fiscal Note required on all pension bills introduced in the Legislature.

On May 26, 2009, the Senate Committee on Civil Service and Pensions also reported S.4563 by Senator Savino, the companion bill to A.6957 (see below) relating to increasing the post retirement earnings limitation.

 

April 2009

On Friday April 3, 2009, the Legislature completed passage of the 2009/2010 State Budget.  Items that RPEA opposed such as including the cost of reimbursements for Medicare Part B premiums in the cost of NYSHIP health insurance were NOT included in the State Budget.

On April 6, 2009 the Assembly Ways & Means Committee reported A.4628 introduced by Assemblyman Peter Abbate, Jr. which is the companion bill to S.2342 by Senator Diane Savino already passed by the Senate.  The bill extends the provisions of Chapter 729 of the Laws of 1994 for an additional year that prohibits diminution of a retired school district employee’s health insurance coverage below the level of that afforded active school district employees.  The Assembly bill now goes to the floor for a vote.

The Legislature returns to Albany on Monday, April 20, 2009 after a break for the Passover and Easter holidays.

On April 20, 2009, the Senate and Assembly passed S.2342 by Senator Diane Savino, the annual extension of Chapter 729 of the Laws of 1994, the school district health insurance parity with active employees.  The bill was subsequently delivered to the Governor on April 30, 2009.

On April 28, 2009, the Assembly Government Employees Committee reported a bill increasing the post-retirement earnings limitation to $32,500. The bill, A.6957 introduced by Assemblyman Sweeney, was reported to the Assembly Ways & Means Committee.

 

March 2009

On March 5, 2009 Governor Paterson issues Executive Order No. 15 creating a Task Force on Public Retiree Health Benefits.  The purpose of the Task Force is to study health care benefits provided to retirees of the State and local governments and ways of addressing the preservation of quality health care.  The Executive Order specifies that one member is to be appointed on the recommendation of RPEA and the Alliance of Retiree Organizations.  Click here to see the Governor’s Press Release and the text of Executive Order No. 15.

On March 10, 2009, the Senate Committee on Civil Service and Pensions reported S.2342 by Senator Diane Savino to the Senate floor.  This bill is the companion bill of A.4628 (See February 24, 2009 below) relating to the provision of health care to school district retirees.  The Senate passed the bill on March 18, 2009.

 

February 2009

On Monday, February 2, 2009, the Assembly reported to its floor calendar a bill (A.217, Latimer) which would require third-party notification before insurers could cancel a health insurance or long term health care policy for a person over the age of 65. The bill passed on February 4, 2009 and was referred to the Senate Insurance Committee.

The Legislature is on break until February 23, 2009.

On Februrary 24, 2009, the Assembly Governmental Employees Committee referred A.4628 by Assemblyman Peter Abbate to the Ways & Means Committee.  This bill extends for an additional year Chapter 729 of the Laws of 1994 that prohibits diminution of a retired school district employee’s health insurance coverage below the level of that afforded active school district employees.

 

January 2009

The Legislative Session began on Wednesday, January 7, 2009, with the organizational meetings of the Senate and Assembly.  The Senate majority party has now changed hands from the Republicans to the Democrats as the so-called "Gang of Three" voted with the party of their registration.  Senator Malcolm Smith (D, Queens) was elected Temporary President and Majority Leader of the Senate and Assemblyman Sheldon Silver (D, Manhattan) was re-elected as Speaker of the Assembly.

Both houses of the Legislature then convened in Joint Session to hear the State of the State address by Governor David Paterson.  As the Governor had presented his 2009/2010 State Budget in December, more than a month earlier than he was required to present a budget, his first STate of the State message repeated the face that the State was facing a large deficit and historic economic challende.  The Governor called the State to action to meet this challende and discussed a few items of the Governor's Program.  However, most agreed that the Governor did not call for any great new programs of note due to the fiscal situation.

With most of the political focus on Washington, DC and the inauguration of the 44th President of the United States, the main political business of Albany involved the Governor's selection of Representative Kirsten Gillibrand as the new US Senator to replace newly appointed Secretary of State Hillary Clinton.

As usually happens at the beginning of a new legislative term for the State Legislature, action starts very slowly.  Bills are just beginning to be introduced and Committee Chairs are selected.  Senator Diane Savino (D, Richmond, Kings) was appointed Chair of the Senate Civil Service and Pensions Committee.  As all appointments inthe Assembly have not been finalized, Assemblyman Peter Abbate (D, Kings) continues as Chair of the Assembly Governmental Employees Committee.

The Governor's Budget proposes a number of changes that matter to retired public employees.  These are written into the Public Protection and General Government Budget Bill (S.56/A.156).  Part C of this bill would impose a $200 fee for each request by a local government for a Section 211 waiver and Part Z would establish a sliding scale for health insurance premium contributions from future retirees.  Part AA would require State employees and retirees to contribute to the cost of Medicare Part B premiums for individuals who are over 65 in the NYSHIP program mandated to use Medicare as their primary health insurance coverage.  Part CC implements a Tier 5 pension benefit for newly hired State and Local Government employees and Part DD would institute a similar program for newly hired New York City uniformed employees.

The Fiscal Committees are holding hearings on all aspects of the Governor's Budget and most of the legislative action will evolve around solving the anticipated $15.4 billion deficit in State finances.  The Senate has yet to pass one bill as it contiues to orgainze itself with new leadership and staff.