# Informal Opinion No.

> New York Attorney General Reports · March 21, 1985

URL: https://www.frixlaw.com/law-library/cases/3574174

## Case

- **Full name:** Nicholas v. Midey, Esq.
- **Court:** New York Attorney General Reports
- **Decided:** March 21, 1985
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3574174

## Opinion text

Nicholas V. Midey, Esq. Town Attorney, Seneca Falls
You have asked whether under section 92-a of the General Municipal Law a surviving dependent of a deceased retired municipal employee may be permitted to participate in the local government's health insurance plan.
While such coverage is not available under section 92-a, it can be obtained under other authorizations. Under section 92-a a local government may contract for medical insurance for its current officers and employees and their families (§ 92-a[2]). Further, a local government may under such contract permit retired officers and employees to elect health insurance coverage for themselves and their families ( ibid.; 1975 Op Atty Gen [Inf] 212). However, there is no authority under section 92-a of the General Municipal Law for providing coverage to surviving dependents of a deceased retired employee. We note that local governments are authorized to participate in the State health insurance plan (Civil Service Law, § 163 ). Under the State plan, coverage is available for surviving dependents of deceased retired employees ( id., § 165-a; 1975 Op Atty Gen [Inf] 212).
Under the Taylor Law, local government employers are required to negotiate collectively with employee organizations in the determination of the terms and conditions of employment (Civil Service Law, § 204 [2]). A public employer may negotiate any matter, whether or not it involves a term or condition of employment subject to mandatory bargaining, in the absence of plain and clear prohibitions in statutory or other decisional law, or restrictive public policy ( Matter of Board of Educ. v Yonkers Federation of Teachers, 40 N.Y.2d 268 , 273 [1976]). It appears that there is no such prohibition, and, therefore, a collective bargaining agreement may establish health insurance coverage for dependents of deceased retired local government employees (see 1981 Op Atty Gen 45).
We conclude that section 92-a of the General Municipal Law does not authorize the provision of health insurance for dependents of deceased retired local government employees. Such coverage is available if a local government participates in the State health insurance plan. A local government, through agreement with an employee organization authorized by the Taylor Law, may provide health insurance coverage to dependents of deceased retired employees.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3574174. Public record. Not legal advice.