N.Y. Education Law Section 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 Election Law § 14-100 (Definitions)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.

Source: Section 396-A — Deductions from benefits of certain retired members, https://www.­nysenate.­gov/legislation/laws/EDN/396-A (updated Dec. 16, 2022; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Dec. 16, 2022

§ 396-A’s source at nysenate​.gov

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