N.Y. CVS Law § 165-A — New York Code / Act CVS / Article 11 / 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...
Status: in_force

§ 165-a. Continuation of state health benefit plans for survivors of\nemployees of the state and/or of a political subdivision or of a public\nauthority. Notwithstanding any other provision of law to the contrary,\nthe president shall permit the unremarried spouse and the dependents,\notherwise qualified as eligible for coverage under regulations of the\npresident, of a person who was an employee of the state and/or of a\npolitical subdivision thereof or of a public authority for not less than\nten years, provided however, that the ten-year service requirement shall\nnot apply to such employees on active military duty in connection with\nthe Persian Gulf conflict who die on or after August second, nineteen\nhundred ninety while in the Persian Gulf combat zone or while performing\nsuch military duties, or the unremarried spouse and the dependents,\notherwise qualified as eligible for coverage under regulations of the\npresident, to any employee of the state and/or of a political\nsubdivision thereof or of a public authority who retires with less than\nten years of service with an accidental disability retirement benefit or\na performance of duty disability pension, who had been a participant in\nany of the state health benefit plans, to continue under the coverage\nwhich such deceased employee had in effect at the time of death, upon\nthe payment at intervals determined by the president of the full cost of\nsuch coverage, provided, however, that the unremarried spouse of an\nactive employee of the State who died on or after April first nineteen\nhundred seventy-five and before April first nineteen hundred\nseventy-nine who timely elected to continue dependent coverage, or such\nunremarried spouse who timely elected individual coverage shall continue\nto pay at intervals determined by the president one-quarter of the full\ncost of dependent coverage and provided further, that, with regard to\nemployees of the State, where and to the extent that an agreement\npursuant to article fourteen of this chapter so provides, or where the\ndirector of employee relations, with respect to employees of the State\nwho are not included within a negotiating unit so recognized or\ncertified pursuant to article fourteen of this chapter whom the director\nof employee relations determines should be declared eligible for the\ncontinuation of health benefit plans for the survivors of such employees\nof the State, the president shall adopt regulations providing for the\ncontinuation of such health benefit or benefits by the unremarried\nspouse of an active employee of the State who died on or after April\nfirst nineteen hundred seventy-nine who elects to continue dependent\ncoverage, or such unremarried spouse who elects individual coverage, and\nupon such election shall pay at intervals determined by the president\none-quarter of the full cost of dependent coverage and, provided further\nwith respect to enrolled employees of a political subdivision or public\nauthority in a negotiating unit recognized or certified pursuant to\narticle fourteen of this chapter, where an agreement negotiated pursuant\nto said article so provides, and with respect to enrolled employees of a\npolitical subdivision or public authority not included within a\nnegotiating unit so recognized or certified, at the discretion of the\nappropriate political subdivision or public authority, the unremarried\nspouse of an active employee of the political subdivision or of the\npublic authority who died on or after April first nineteen hundred\nseventy-five, may elect to continue dependent coverage or such\nunremarried spouse may elect individual coverage and upon such election\nshall pay at intervals determined by the president one-quarter of the\nfull cost of dependent coverage.\n  The president shall adopt such regulations as may be required to carry\nout the provisions of this subdivision which shall include, but need not\nbe limited to, provisions for filing application for continued coverage.\n  Notwithstanding any law to the contrary, the survivors of any employee\nsubject to this section shall be entitled to the health benefits granted\npursuant to this section, provided that such employee died while on\nactive duty pursuant to Title 10 of the United States Code, with the\narmed forces of the United States or to service in the uniformed\nservices pursuant to Chapter 43 of Title 38 of the United States Code,\nand such member died on such active duty or service in the uniformed\nservices on or after June fourteenth, two thousand five as a result of\ninjuries, disease or other medical condition sustained or contracted in\nsuch active duty with the armed forces of the United States or in the\nuniformed services.\n