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2007 NY Att'y Gen. Rep. & Op. 1 (2007)

handle is hein.nyattgen/nysag0128 and id is 1 raw text is: OPINIONS OF THE NEW YORK STATE ATTORNEY GENERAL Opn. No. F 2007-1 Civil Service Law §§163(4), 167, 167(2); Public Officers Law §§73, 73(1)(i)(iv); 4 N.Y.C.R.R.§§73.1(c)(1)(iv), 73.1(e)(5); Private Housing Fi- nance Law §43(2); Public Authorities Law §§2403, 2403(2) Public authorities, whose board members pursuant to statute serve without salary or other compensation, may not pay for health insurance for current or retired board members. You have asked whether it was legal for the New York State Housing Finance Agency (HFA) and State of New York Mortgagel Agency (SONYMA) (together, the Agencies) to pay for health insurance benefits for current board members pursuant to Civil Service Law §167(2), and whether it was legal to agree to provide post-retirement health insurance benefits to current and former board members who are qualifying retired board members as these terms are defined by the Agencies. You have also asked, assuming the Agencies were without legal authority to provide post-retire- ment health insurance benefits, whether contracts that the Agencies entered into with individual board members for the provision of post-retirement health insurance benefits are void ab initio or, if not, whether they can be voided by board action. As explained below, we conclude that the Agencies lack legal authority to pay for health insurance benefits for current AG 12-31-07 1

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