N.Y. Education Law § 396-a: Deductions from benefits of certain retired members

§ 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.