NY Civ Serv L § 163 (2021)
2021 New York Laws CVS - Civil Service Article 11 - Health Benefits for State and Retired State Employees 163 - Eligibility for Benefits.

§ 163. Eligibility  for benefits. 1. All persons in the service of the   state, whether elected, appointed or employed, who elect to  participate   in  such  health  benefit plan shall be eligible to participate therein,   provided, however, that the president may adopt such regulations  as  he   or   she   may  deem  appropriate  excluding  temporary,  part  time  or   intermittent employment.2. The contract or contracts shall provide  for  health  benefits  for   retired employees of the state and 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  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, and their spouses   and dependent children as defined by the regulations of  the  president,   on  such  terms as the president may deem appropriate, and the president   may authorize the inclusion in the plan of  the  employees  and  retired   employees  of  public  authorities,  public benefit corporations, school   districts,   special   districts,   district   corporations,   municipal   corporations  excluding active employees and retired employees of cities   having  a  population  of  one  million  or   more   inhabitants   whose   compensation  is or was before retirement paid out of the city treasury,   or   other   appropriate   agencies,   subdivisions   or    quasi-public   organizations  of  the state, including active members of volunteer fire   and  volunteer  ambulance  companies  serving  one  or  more   municipal   corporations  pursuant  to  subdivision seven of section ninety-two-a of   the general municipal law, and their spouses and dependent  children  as   defined  by  the  regulations  of  the  president. Any such corporation,   district, agency or organization electing to  participate  in  the  plan   shall  be  required  to  pay  its proportionate share of the expenses of   administration of the  plan  in  such  amounts  and  at  such  times  as   determined  and  fixed  by  the  president. All amounts payable for such   expenses of administration shall be paid to the commissioner of taxation   and  finance  and  shall  be  applied  to  the  reimbursement  of  funds   previously  advanced  for such purposes. Neither the state nor any other   participant in the plan shall be charged with the particular  experience   attributable  to  the employees of the participant, and all dividends or   retroactive rate credits shall be distributed pro-rata  based  upon  the   number of employees of such participant covered by the plan.3.  The  president  shall adopt regulations prescribing the conditions   under which an employee or retired employee may elect to participate  in   or   withdraw  from  the  plan.  Such  regulations  may  also  prescribe   conditions under which an employee whose service terminates and  who  is   entitled to a vested retirement allowance may continue to participate in   the  plan;  such  condition shall include a requirement that such person   pay the  full  cost  of  such  coverage  following  termination  of  his   employment  and  prior  to commencement of the payment of his retirement   allowance, unless such person becomes currently entitled to, but  defers   receipt  of,  a  retirement  allowance  or  pension from a retirement or   pension plan or system administered and operated by  the  state  of  New   York,  or  a  civil  division  thereof,  including  the  New  York state   teachers'  retirement  system  and  the  optional  retirement   programs   established  under  article  three,  part  V, and article eight-B of the   education law.4. Any public authority, public benefit corporation, school  district,   special  district, district corporation, municipal corporation, or other   agency, subdivision or quasi-public organization  of  the  state,  whose    employees  and  retired  employees  are authorized to be included in the   plan as provided by subdivision two, may elect to  participate  in  such   plan.  Any  such  election  shall  be  exercised  by  the  adoption of a   resolution  by  its  governing  body  and,  in the case of any municipal   corporation where a resolution of its governing body is required by  law   to  be approved by any other body or officer, such resolution shall also   be approved by such other body or officer. Any such election may be made   with respect to inclusion in the plan of  both  its  employees  and  its   retired  employees at the same time, or may be made only with respect to   its employees alone and at another time  with  respect  to  its  retired   employees.   Any   such   authority,   corporation,   district,  agency,   subdivision  or  organization  making  such  election  shall  become   a   participating  employer  under  such  plan, subject to and in accordance   with the regulations of the president relating thereto.5. The chief fiscal officer of any such participating  employer  shall   be  authorized  to deduct from the wages or salary paid to its employees   who are participants in such health benefit plan the sums required to be   paid by them under  such  plan.  Each  such  participating  employer  is   authorized  to appropriate such sums as are required to be paid by it as   its share in connection with the operation of such plan.6.  The  president  shall  have  power  and  authority  to  make  such   inspection  of  the  employment and payroll records of any participating   employer concerning any of its employees who  are  participants  in  the   health insurance fund as he may deem necessary.7. For purposes of eligibility for participation in the health benefit   plan  no  person shall be deemed to be a state officer or employee or to   be in the service of the state unless his salary or compensation is paid   directly by the state, and no person shall be deemed  to  be  a  retired   officer  or  employee  of  the  state  unless his salary or compensation   immediately preceding his retirement was paid  directly  by  the  state;   provided,  however,  that  all  active  and  retired  justices,  judges,   officers and employees of the supreme court, surrogate's  court,  county   court, family court, civil court of the city of New York, criminal court   of  the  city of New York and district court in any county, officers and   employees of the office of probation for the courts  of  New  York  city   shall  be  eligible for participation in the health benefit plan whether   or not their salaries are paid or before retirement were  paid  directly   by the state.8.  Notwithstanding any other law, rule or regulation to the contrary,   where the state and an employee organization representing state officers   and  employees  who  are  in  positions  which  are  in  the  collective   negotiating  unit  established by chapter four hundred three of the laws   of nineteen hundred eighty-three enter into  a  collectively  negotiated   agreement  pursuant  to  article fourteen of this chapter providing that   officers and employees who hold positions in such unit on or after April   first, nineteen hundred eighty-four and who immediately upon termination   from such position are eligible to receive  a  retirement  benefit  from   either  the  New  York  state  or New York city retirement systems shall   continue to be eligible to participate  in  the  employee  benefit  fund   established  by section two hundred six-a of the state finance law, such   officers and employees upon retirement shall continue to participate  in   and  receive  the benefits of such fund as provided in such collectively   negotiated agreement and shall not be eligible to receive and shall  not   receive  from  the statewide health benefit plan established pursuant to   this article coverage for benefits  covered  by  such  employee  benefit   fund.