N.Y. Civil Service Law § 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...

§ 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.