BILL NUMBER: S4724 Revised 5/15/2025
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the civil service law, in relation to ensuring identical
health benefits for skilled nursing care for public retirees
 
PURPOSE:
To ensure that no public retiree loses their skilled nursing care bene-
fits when they enroll in Medicare
 
SUMMARY OF PROVISIONS:
This legislation amends Section 161 of the civil service law by adding a
new subdivision 4.
 
JUSTIFICATION:
Public retirees are required to enroll in Medicare when they become
eligible, which saves the State money when Medicare becomes the primary
payer for the retiree. In doing so, the retiree should not lose any
health benefits simply because the payer has changed.
In at least one instance, public retirees are losing the skilled nursing
care benefit when they enroll in Medicare. The benefit for skilled nurs-
ing care is reduced upon Medicare enrollment. The benefit for active
employees and pre-Medicare retirees is 120 days without a requirement
for any prior hospitalization. For Medicare-eligible retirees, the bene-
fit is 20 days with a 3-day prior hospitalization requirement. This is
an important benefit to retirees and should not be diminished. This bill
provides that the Civil Service will ensure that there is no reduction
of benefits to retired employees when they enroll in Medicare.
 
PRIOR LEGISLATIVE HISTORY:
2019-2020: A.7722A/S.5759A
2021-2022: A.9215/5.8192 VETOED MEM0.130
2023-2024: A.3896/5.4465
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S4724: 161 civil service law