Adjunct Health Insurance Agreement

The City University of New York
Office of the Vice Chancellor for Labor Relations
205 East 42nd Street, 10th floor
New York, NY 10017

Barbara Bowen
President
Professional Staff Congress/CUNY
61 Broadway - Suite 1500
New York, NY 10006

July 30, 2014

Dear Dr. Bowen:

This Concluding Agreement on Adjunct Health Insurance ("Concluding Agreement") supplements, but does not replace, the parties' April 24, 2013 Letter Agreement on Adjunct Health Insurance and Related Issues, as modified by the parties' letter of October 15, 2013, (together "the Letter Agreement"), which remains in full force and effect. This Concluding Agreement confirms the parties' understanding regarding the continued provision of health insurance to qualified adjuncts, as defined in paragraphs "2," "3," and "4" below; modifies and supersedes Article 26 ("Welfare Benefits") of the 2007-2010 PSC-CUNY Collective Bargaining Agreement and any successor agreement; modifies and supersedes the relevant terms and provisions of the PSC-CUNY Welfare Fund Trust Indenture entered into on July 30, 2007 (as modified and re-signed in June and July 2008) to the extent this Concluding Agreement is inconsistent therewith; modifies and supersedes the joint proposal by the parties regarding adjunct health insurance dated (and submitted to the New York City Office of Labor Relations on) September 27, 2012; and represents the entire agreement between the parties on the issues below. The parties hereby agree as follows:

1. Qualified adjuncts, as defined in paragraphs "2," "3," and "4" below, will be entitled to enroll in the New York City Health Benefits Program ("City Health Benefits Program") effective October 1, 2014, as follows:

a. Effective close of business September 30, 2014, the University will cease making contributions to the PSC-CUNY Welfare
Fund set forth in Article 26.6 of the 2007-2010 Collective Bargaining Agreement to support basic health insurance for eligible adjuncts, and the Welfare Fund will cease providing basic health insurance benefits to these employees. Pursuant to sub-paragraph "g" and Attachment "A" below, the University will make contributions to the PSC-CUNY Welfare Fund to support supplemental health benefits for qualified adjuncts, as defined in paragraphs "2," "3," and "4" below.

b. Effective October 1, 2014, qualified adjuncts, as defined in paragraphs "2," "3," and "4" below, in teaching and non-teaching titles, will be eligible to participate in the New York City Health Benefits Program. The parties acknowledge that the City of New York will not contribute any additional funding to support the adjunct health insurance benefit. Eligibility determinations will be made by the University consistent with this Concluding Agreement and the Letter Agreement.

c. Effective October 1, 2014, provisions "1(d)" and "1(g)" below will supersede paragraphs "4" and "5" of the April 24, 2013 Letter Agreement. To the extent, if any, that the University's financial obligations under provisions "1(d)" and "1(g)" below exceed the following -- the amounts previously identified in paragraphs "4" and "5" of the April 24, 2013 Letter Agreement; the University's former contributions to the PSC-CUNY Welfare Fund referenced in provision "1(a)" above; the amounts the PSC has agreed to set aside from future collective bargaining agreement(s), as set forth in the April 24, 2013 side letter from Barbara Bowen and Pamela Silverblatt to Executive Vice Chancellor Allan H. Dobrin; and the amount in provision "5" below for the 2014-2015 year -- the parties will negotiate about covering any incremental funding deficit by identifying mutually agreed upon alternative sources of funding to support the provision of adjunct health insurance.

d. Effective October 1, 2014, the City University of New York will pay for individual health insurance coverage for qualified adjuncts in the New York City Health Benefits Program at the applicable rate for individual health coverage paid by the City ("City rate"), currently the HIP rate. If a qualified adjunct elects to enroll in a health plan for which the cost of individual coverage exceeds the City rate for individual coverage, the adjunct will be required to pay the cost differential (i.e., co-premium -- which will be the same as is charged to similarly situated full-time employees) by electronic funds transfer.

The parties acknowledge that adjuncts enrolled in the GHI-CBP/BC plan are subject to the equalization process pursuant to the 1986 Health Insurance Stabilization Fund Agreement. CUNY will pay the equalization costs associated with individual coverage for all adjuncts who select coverage in the GHI-CBP/BC plan.

e. Qualified participating adjuncts will be eligible to elect family coverage, but will be required to pay, by electronic funds transfer, 100% of the cost of the difference between the City rate for individual coverage and the rate for the respective family plan they select. Adjuncts who select family coverage in the GHI­CBP/BC plan will pay the equalization costs associated with family coverage. This will be effectuated as follows: an adjunct who selects family coverage in the GHI-CBP/BC plan will pay the cost differential between the HIP-HMO rate for family coverage and the HIP-HMO rate for individual coverage unless, in any given year, the GHI-CBP/BC rate for family coverage is higher than the HIP-HMO rate for family coverage, in which case the adjunct will pay the GHI­CBP/BC rate for family coverage.

f. Except as otherwise provided in this Concluding Agreement, as of October 1, 2014, qualified participating adjuncts will be treated similarly to all other employees participating in the New York City Health Benefits Program - i.e., they will be subject to co-pays, deductibles, co-premiums, and other such requirements as are in effect on October 1, 2014, or as may thereafter be adopted or modified, including, but not limited to, any changes in coverage.

g. Effective October 1, 2014, CUNY will make per capita per annum contributions to the PSC-CUNY Welfare Fund for individual coverage for each adjunct who is receiving health insurance pursuant to this Concluding Agreement at the rate of 5/7ths of CUNY's contribution for active full-time instructional staff under Article 26.1 of the 2007-2010 PSC-CUNY Collective Bargaining Agreement or any successor agreement, paid on a pro-rated monthly basis, provided that the prescription drug coverage and other applicable supplemental benefits provided by the Welfare Fund to covered adjuncts are similar to those provided to full-time active employees. The University's continued payment of the 5/7ths contribution herein is contingent on the PSC-CUNY Welfare Fund's provision of prescription drug coverage and other applicable supplemental benefits to covered adjuncts similar to those provided to full-time active employees.

2. In order to qualify for health insurance benefits:

  • Teaching Adjuncts - must be teaching six or more contact hours in the semester, or an equivalent combination of teaching and non-teaching hours, and must have taught one or more courses for the two consecutive preceding semesters (not including Summer Sessions).
  • Non-Teaching Adjuncts - must be working fifteen or more hours per week in the semester, or an equivalent combination of teaching and non-teaching hours, and must have worked fifteen or more hours per week for the two consecutive preceding semesters (not including Winter or Summer Sessions). (For the purpose of determining eligibility for health insurance only, one non-teaching hour shall be deemed equivalent to 0.4 teaching contact hour.)
  • Substitute service immediately preceded by and immediately followed by adjunct service shall be counted as continuous adjunct service for the purpose of determining eligibility for health insurance benefits under this section.
  • Adjuncts who receive health insurance for the Fall semester only will receive coverage for the period from the first day of the Fall semester through the following February 28 (February 29 in a leap year). The first day of the Fall semester is the day after the end of the teaching faculty annual leave period as calculated pursuant to Article 14.1 of the 2007-2010 PSC-CUNY Collective Bargaining Agreement or any successor agreement. Adjuncts who receive health insurance for the Spring semester only will receive coverage for the period from the first day of the Spring semester through the following July 31. Adjuncts who receive health insurance coverage during both the Fall and Spring semesters of a given academic year will continue to receive coverage through the end of the annual leave period as defined in Article 14.1 of the 2007-2010 PSC-CUNY Collective Bargaining Agreement or any successor agreement.
  • Eligibility as provided in this section shall be based on CUNY-wide service.

3. Adjuncts are not eligible for City Health Benefits under this Concluding Agreement if they are eligible to receive other primary health care insurance provided by or through another source. Adjuncts must certify each semester that they are not eligible to receive other primary health care insurance provided by or through another source.

Doctoral student employees who are eligible to receive primary health care insurance through NYSHIP will not be eligible for City Health Benefits under this Concluding Agreement.

4. Adjuncts who establish eligibility as provided in this Concluding Agreement shall be eligible to receive benefits in the third consecutive semester. An adjunct shall lose eligibility if, in any semester, he/she teaches for fewer than six contact hours or works for fewer than 15 non­-teaching hours per week, or a combined equivalent.

Even though coverage may be lost for a semester because current hours are too low, the two­ semester continuity requirement will be deemed to have been met unless there is a semester in each of two out of three consecutive academic years wherein a previously eligible individual is not employed as an adjunct by CUNY. In that case, a break occurs and the initial eligibility requirements, including the two-semester continuity requirement, must be re-established in order to be covered for benefits.

5. Under Article 26.5 of the 2007-2010 PSC-CUNY Collective Bargaining Agreement and/or any successor agreement, the University's contribution to the PSC-CUNY Welfare Fund for the 2014-2015 year will be reduced by $600,000, effective July 1, 2014.

6. The parties agree that the terms and provisions of the PSC-CUNY Welfare Fund Trust Indenture entered into on July 30, 2007 (as modified and re-signed in June and July 2008) affected by this Concluding Agreement and with which this Concluding Agreement is inconsistent shall be superseded by this Concluding Agreement.

7. Effective October 1, 2014, Article 26 ("Welfare Benefits") of the 2007-2010 PSC-CUNY Collective Bargaining Agreement and the successor collective bargaining agreement shall be replaced in its entirety as set forth in Attachment "A."

Please indicate your agreement to these terms by signing and dating below.

Sincerely,
Pamela S. Silverblatt
Vice Chancellor for Labor Relations

AGREED: July 30, 2014
Barbara Bowen
Professional Staff Congress/CUNY

APPROVED: July 30, 2014
Robert W. Linn

Adjunct Health Insurance Letters of Agreement