S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5495
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the civil service law, in relation  to  continuation  of
   state  health  benefit plans for certain survivors of employees of the
   state and/or of a political subdivision or of a public authority

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 165-a of the civil service
 law,  as  amended  by  section  6 of part T of chapter 56 of the laws of
 2010, is amended to read as follows:
   Notwithstanding any other provision of law to the contrary, the presi-
 dent 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  SUBDIVI-
 SION  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07630-01-3
              

 S. 5495                             2
 
 nine who timely elected to continue dependent coverage, or such unremar-
 ried 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 unremar-
 ried 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 subdivi-
 sion  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 indi-
 vidual coverage and upon such election shall pay at intervals determined
 by the president one-quarter of the full cost of dependent coverage.
   § 2. This act shall take effect immediately.