NY Civ Serv L § 167 (2021)
2021 New York Laws CVS - Civil Service Article 11 - Health Benefits for State and Retired State Employees 167 - Contributions.

§ 167. Contributions. 1.  (a) The full cost of premium or subscription charges  for the coverage of retired state employees who are enrolled in the statewide and the supplementary  health  benefit  plans  established pursuant  to  this  article  and  who  retired  prior  to January first, nineteen hundred eighty-three shall be paid by the state. Nine-tenths of the cost of premium or subscription charges for the  coverage  of  state employees  and  retired  state  employees  retiring  on or after January first, nineteen hundred eighty-three who are enrolled in  the  statewide and  supplementary  health  benefit  plans  shall  be paid by the state. Three-quarters of the cost of premium or subscription  charges  for  the coverage  of  dependents  of  such  state  employees  and  retired state employees shall be paid by the state.  Except as provided  in  paragraph (b)  of  this subdivision, the state shall contribute toward the premium or subscription charges for the  coverage  of  each  state  employee  or retired  state  employee who is enrolled in an optional benefit plan and for the dependents of such state employee or retired state employee  the same  dollar  amount which would be paid by the state for the premium or subscription charges for the coverage of such state employee or  retired state  employee  and his or her dependents if he or she were enrolled in the statewide and the supplementary health benefit  plans,  but  not  in excess  of  the premium or subscription charges for the coverage of such state employee or retired state employee and his or her dependents under such optional benefit plan. For purposes of this subdivision,  employees of  the  state colleges of agriculture, home economics, industrial labor relations, and veterinary medicine, the  state  agricultural  experiment station  at  Geneva,  and  any  other  institution  or  agency under the management and control of Cornell university as  the  representative  of the board of trustees of the state university of New York, and employees of  the  state  college  of ceramics under the management and control of Alfred university as the representative of the board of trustees of  the state  university  of  New  York,  shall be deemed to be state employees whose salaries or compensation are paid directly by the state.  (b)   Effective   January   first,   nineteen   hundred   eighty-nine, notwithstanding any other law, rule or regulation, and where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of this chapter so provides or where and to the extent the employee health insurance council so directs with  respect  to  any  other  state  employees  and  for  retired state employees  retiring  on  or  after  January  first,   nineteen   hundred eighty-three,  the  state  shall  contribute  nine-tenths of the cost of premiums or  subscription  charges  for  coverage  of  each  such  state employee  or  retired  state  employee  who  is  enrolled in an optional benefit plan and three-fourths of such premium or  subscription  charges for  dependents  of  such  state  employees  or  retired state employees enrolled in such optional benefit  plan;  provided,  however,  effective January  first,  nineteen hundred ninety-six, the contribution rates for the hospitalization and medical components of each optional benefit plan shall not exceed one hundred percent of the dollar amount of the state's contribution  toward  the  hospitalization  and  medical  components  of individual  and dependent coverage, respectively, in the Empire Plan. In the case of state employees retiring prior to  January  first,  nineteen hundred  eighty-three, the state shall contribute one hundred percent of the individual premium and three-fourths of such premium for  dependents of  such  retired  employees  enrolled  in  such  optional benefit plan; however, these contribution rates shall not exceed one  hundred  percent of  the employer dollar amount contribution for individual and dependent coverage respectively in the Empire Plan.    2. Each participating employer shall be required to pay not less  than fifty  percentum  of the cost of premium or subscription charges for the coverage of its employees and retired employees who are enrolled in  the statewide  only  or  the  statewide  and comparable supplementary health benefit  plans established pursuant to this article. Such employer shall be required to pay not less than thirty-five percentum of  the  cost  of premium  or  subscription charges for the coverage of dependents of such employees and retired employees. Such employer shall  contribute  toward the premium or subscription charges for the coverage of each employee or retired employee who is enrolled in an optional benefit plan and for the dependents  of  such employee or retired employee the same dollar amount which would be paid by such employer for  the  premium  or  subscription charges for the coverage of such employee or retired employee and his or her  dependents  if  he  or  she  were  enrolled in the statewide health benefit plan, but not in excess of the premium or  subscription  charges for  the  coverage  of  such employee or retired employee and his or her dependents under such optional benefit plan. Such employer shall not  be required  to  pay  the  cost  of premium or subscription charges for the coverage of unpaid elected officials,  or  unpaid  board  members  of  a public  authority, or their dependents, provided, however that no unpaid board member of a public authority shall be eligible to  participate  in such  benefit  plan  until  he or she has served in such position for at least six months. Subject to  such  regulations  as  the  president  may prescribe,  any  participating employer may elect to pay higher rates of contribution for the coverage of employees, retired employees and  their dependents;  provided,  however, that if a participating employer elects to pay a higher or lower rate of contribution for its retired  employees or  their  dependents,  or  both,  than  that  paid by the state for its retired employees or their dependents, or both,  amounts  withheld  from the  retirement  allowances of such retired employees for their share of premium or subscription charges, if any,  shall,  if  the  president  so requires,  be  paid  to such participating employer which shall pay into the health insurance fund the  full  cost  of  premium  or  subscription charges for the coverage of such retired employees and their dependents. Such  election shall be exercised by the adoption of a resolution by its governing body which, if required by law to be  approved  by  any  other body or officer, shall have been so approved.   3.  Contributions,  if  any,  required  to be paid by an employee or a retired employee for his or her coverage and for the coverage of his  or her  dependents,  if  any,  shall  be  deducted  from  his or her salary payments or from his or her retirement allowance, as the  case  may  be. Upon  the  written  request of a survivor of such retirees or employees, such contribution required to be paid for continued  insurance  coverage shall  be  deducted  from any retirement allowance to which he or she is entitled.   4. Upon the retirement, on  or  after  July  first,  nineteen  hundred sixty-five,  of  a  state  employee whose salary or compensation is paid directly by the state, who is subject to  a  plan  established  by  law, rule, regulation, written order or written policy which provides for the regular  earning  and accumulation of sick leave, and who is eligible to continue coverage under the health benefit plan  after  retirement,  the department  shall  determine, based on the employee's age at the time of retirement, the actuarial equivalent in  monthly  installments  for  the remaining  life expectancy of such retired employee, of the dollar value of the earned and accumulated but unused sick leave standing to  his  or her  credit  at  the  time  of retirement, without interest. Such dollar value shall be based on the employee's salary at the time of retirement. In addition to regular  employer  contributions,  contributions  in  the  amount  of  such  monthly  installments  shall  be paid from the state's appropriation to the health  insurance  fund  and  applied  towards  the charges  for health benefits on account of such retired employee and his or  her  dependents,  to  the  extent necessary to pay such charges. The remaining amount, if  any,  necessary  to  pay  such  charges  shall  be contributed  by  such  retired  employee.  On  or  after  October first, nineteen hundred seventy when such  dollar  value  of  such  sick  leave amounts  to  less  than  one  hundred  dollars  for a particular retired employee, in lieu of contributions which  would  otherwise  be  required from  such  retired employee, additional contributions shall be paid for the state's appropriation to  the  health  insurance  fund  and  applied towards  the  charges  for  health  benefits  on account of such retired employee and his or her dependents until  the  sum  of  such  additional contributions equals such dollar value of such sick leave. The remaining amount,  if  any,  necessary to pay such charges shall be contributed by such retired employee. For purposes of this  subdivision,  employees  of the  state  colleges  of  agriculture,  home economics, industrial labor relations, and veterinary medicine, the  state  agricultural  experiment station  at  Geneva,  and  any  other  institution  or  agency under the management and control of Cornell university as  the  representative  of the board of trustees of the state university of New York, and employees of  the  state  college  of ceramics under the management and control of Alfred university as the representative of the board of trustees of  the state  university  of  New  York,  shall be deemed to be state employees whose salaries or compensation is paid directly by the state.   5. Subject to such regulations as the  president  may  prescribe,  any participating  employer  may  elect  to  make  additional  contributions towards charges for health benefit coverage on account  of  its  retired employees  and their dependents, based on the dollar value of their sick leave accumulated but unused at the time of  retirement.  Such  election shall  apply  to  employees in the service of the participating employer who retire on or after the effective date  of  such  election,  who  are subject to a plan established by law, rule, regulation, written order or written  policy  which provides for the regular earning and accumulation of sick leave, and who are  eligible  to  continue  coverage  under  the health  benefit  plan after retirement. The participating employer shall certify to the department the dollar value of earned and accumulated but unused sick leave standing to the credit of an employee at the  time  of his  or  her  retirement. Additional contributions shall be paid by such participating employer and applied towards charges for  health  benefits on  account  of  its  retired employees and their dependents in the same manner as provided in subdivision four of this section with  respect  to retired state employees and their dependents.   6.  There  is  hereby  created  a health insurance fund which shall be available without fiscal year limitation  for  premium  or  subscription charge  payments,  for  payment of health benefits to plan participants, and  for  administrative  services  under  any  contract  or   contracts purchased  in  accordance  with  this article. The amounts withheld from employees and retired employees under subdivision three of this section, all amounts appropriated by the state to such health insurance fund, and all amounts  contributed  by  any  participating  employer  pursuant  to subdivision  two  of  this  section,  shall  be  credited to such health insurance fund. The income derived  from  any  dividends,  premium  rate adjustments  or other refunds under any such contract or contracts shall be credited to such fund and retained therein as a special  reserve  for adverse  fluctuation  in  future  charges  under  any  such  contract or contracts. Any interest earned by  the  investment  of  moneys  in  such health  insurance  fund shall be added to such special reserve, become a  part of such special reserve, and  be  used  for  the  purpose  of  such special reserve.   7.  The  amounts  required  to  be paid to any contracting corporation under any contract entered into  pursuant  to  the  provisions  of  this article  shall  be payable from such health insurance fund as audited by and upon the  warrant  of  the  comptroller  on  vouchers  certified  or approved by the president.   8. Notwithstanding any inconsistent provision of law, where and to the extent  that an agreement between the state and an employee organization entered into pursuant to article fourteen of this chapter  so  provides, the state cost of premium or subscription charges for eligible employees covered  by such agreement may be modified pursuant to the terms of such agreement. The president, with the  approval  of  the  director  of  the budget,  may  extend  the modified state cost of premium or subscription charges for employees or retirees not subject to an agreement referenced above and  shall  promulgate  the  necessary  rules  or  regulations  to implement this provision.   9.  Any  interest  earned  by  the  investment of moneys in the dental insurance fund shall be added to such fund, become a part of such  fund, be  used  for  the purpose of such fund, and be available without fiscal year limitation.