Legislation

Search OpenLegislation Statutes

This entry was published on 2023-12-01
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 165-A
Continuation of state health benefit plans for survivors of employees of the state and/or of a political subdivision or of a public autho...
Civil Service (CVS) CHAPTER 7, ARTICLE 11
§ 165-a. Continuation of state health benefit plans for survivors of
employees of the state and/or of a political subdivision or of a public
authority. Notwithstanding any other provision of law to the contrary,
the president shall permit the unremarried spouse and the dependents,
otherwise qualified as eligible for coverage under regulations of the
president, of a person who was an employee of the state and/or of a
political subdivision thereof or of a public authority for not less than
ten years, provided however, that the ten-year service requirement shall
not apply to such employees on active military duty in connection with
the Persian Gulf conflict who die on or after August second, nineteen
hundred ninety while in the Persian Gulf combat zone or while performing
such military duties, or the unremarried spouse and the dependents,
otherwise qualified as eligible for coverage under regulations of the
president, to any employee of the state and/or of a political
subdivision thereof or of a public authority who retires with less than
ten years of service with an accidental disability retirement benefit or
a performance of duty disability pension, who had been a participant in
any of the state health benefit plans, to continue under the coverage
which such deceased employee had in effect at the time of death, upon
the payment at intervals determined by the president of the full cost of
such coverage, provided, however, that the unremarried spouse of an
active employee of the State who died on or after April first nineteen
hundred seventy-five and before April first nineteen hundred
seventy-nine who timely elected to continue dependent coverage, or such
unremarried spouse who timely elected individual coverage shall continue
to pay at intervals determined by the president one-quarter of the full
cost of dependent coverage and provided further, that, with regard to
employees of the State, where and to the extent that an agreement
pursuant to article fourteen of this chapter so provides, or where the
director of employee relations, with respect to employees of the State
who are not included within a negotiating unit so recognized or
certified pursuant to article fourteen of this chapter whom the director
of employee relations determines should be declared eligible for the
continuation of health benefit plans for the survivors of such employees
of the State, the president shall adopt regulations providing for the
continuation of such health benefit or benefits by the unremarried
spouse of an active employee of the State who died on or after April
first nineteen hundred seventy-nine who elects to continue dependent
coverage, or such unremarried spouse who elects individual coverage, and
upon such election shall pay at intervals determined by the president
one-quarter of the full cost of dependent coverage and, provided further
with respect to enrolled employees of a political subdivision or public
authority in a negotiating unit recognized or certified pursuant to
article fourteen of this chapter, where an agreement negotiated pursuant
to said article so provides, and with respect to enrolled employees of a
political subdivision or public authority not included within a
negotiating unit so recognized or certified, at the discretion of the
appropriate political subdivision or public authority, the unremarried
spouse of an active employee of the political subdivision or of the
public authority who died on or after April first nineteen hundred
seventy-five, may elect to continue dependent coverage or such
unremarried spouse may elect individual coverage and upon such election
shall pay at intervals determined by the president one-quarter of the
full cost of dependent coverage.

The president shall adopt such regulations as may be required to carry
out the provisions of this subdivision which shall include, but need not
be limited to, provisions for filing application for continued coverage.

Notwithstanding any law to the contrary, the survivors of any employee
subject to this section shall be entitled to the health benefits granted
pursuant to this section, provided that such employee died while on
active duty pursuant to Title 10 of the United States Code, with the
armed forces of the United States or to service in the uniformed
services pursuant to Chapter 43 of Title 38 of the United States Code,
and such member died on such active duty or service in the uniformed
services on or after June fourteenth, two thousand five as a result of
injuries, disease or other medical condition sustained or contracted in
such active duty with the armed forces of the United States or in the
uniformed services.