N.Y. Civil Service Law § 160: Regulations governing the health benefit plan; advisory committee

§ 160. Regulations governing the health benefit plan; advisory

committee. 1. The president, subject to the provisions of this article,

is hereby empowered to establish regulations relating to:

(1) the eligibility of (a) active and (b) retired employees to

participate in the health benefit plan authorized by this article,

(2) the terms and conditions of the insurance and/or plan

administrator contract or contracts, as applied to (a) active employees

and (b) retired employees, and

(3) the purchase of such insurance and/or plan administrator contract

or contracts and the administration of such health benefit plan.

The president shall adopt such further regulations as may be required

for the effective administration of this article, including the right to

require advance payments of any portion of the amount required to be

paid by any participating employer as its share in connection with the

operation of the health benefit plan hereunder.

2. The president, in his discretion, is hereby empowered to make,

amend and rescind, from time to time, regulations establishing a dental

insurance plan which shall be a part of the health insurance plan

authorized by this article. Such regulations may provide for negotiating

unit, employee and employer participation or nonparticipation, employee,

dependent and retiree eligibility or noneligibility and such

contribution rates as the president may determine even though such

regulations establish standards which differ from those applicable by

law to other parts of such health insurance plan. The president is

hereby authorized and directed to provide in such regulations for

participation in the dental insurance plan by retirees; provided,

however, that the claims experience for retirees shall be separately

rated and premiums established separate from other participants in the

plan and provided further that the full costs of participation in such

plan, including all administrative costs, shall be borne by such

retirees. Considering the dental insurance plan as a whole, no

regulation enacted pursuant to this subdivision shall provide or permit

a benefit structure inconsistent with the most efficient and economical

administration of such plan.

3. Notwithstanding any inconsistent provision of this article, no rule

or regulation shall be adopted, repealed or amended, and no other action

taken with respect to state employees affecting the rate of or

eligibility for benefits under this article, without the approval of the

director of employee relations.