2023 New York Laws › CVS - Civil Service › Article 11 - Health Benefits for State and Retired State Employees › 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.

§ 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.