STATE OF NEW YORK ________________________________________________________________________ 5495 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. The opening paragraph of section 165-a of the civil service 2 law, as amended by section 6 of part T of chapter 56 of the laws of 3 2010, is amended to read as follows: 4 Notwithstanding any other provision of law to the contrary, the presi- 5 dent shall permit the unremarried spouse and the dependents, otherwise 6 qualified as eligible for coverage under regulations of the president, 7 of a person who was an employee of the state and/or of a political 8 subdivision thereof or of a public authority for not less than ten 9 years, provided however, that the ten-year service requirement shall not 10 apply to such employees on active military duty in connection with the 11 Persian Gulf conflict who die on or after August second, nineteen 12 hundred ninety while in the Persian Gulf combat zone or while performing 13 such military duties, or the unremarried spouse and the dependents, 14 otherwise qualified as eligible for coverage under regulations of the 15 president, to any employee of the state and/or of a political subdivi- 16 sion thereof or of a public authority who retires with less than ten 17 years of service with an accidental disability retirement benefit or a 18 performance of duty disability pension, who had been a participant in 19 any of the state health benefit plans, to continue under the coverage 20 which such deceased employee had in effect at the time of death, upon 21 the payment at intervals determined by the president of the full cost of 22 such coverage, provided, however, that the unremarried spouse of an 23 active employee of the State who died on or after April first nineteen 24 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. LBD07630-01-3S. 5495 2 1 nine who timely elected to continue dependent coverage, or such unremar- 2 ried spouse who timely elected individual coverage shall continue to pay 3 at intervals determined by the president one-quarter of the full cost of 4 dependent coverage and provided further, that, with regard to employees 5 of the State, where and to the extent that an agreement pursuant to 6 article fourteen of this chapter so provides, or where the director of 7 employee relations, with respect to employees of the State who are not 8 included within a negotiating unit so recognized or certified pursuant 9 to article fourteen of this chapter whom the director of employee 10 relations determines should be declared eligible for the continuation of 11 health benefit plans for the survivors of such employees of the State, 12 the president shall adopt regulations providing for the continuation of 13 such health benefit or benefits by the unremarried spouse of an active 14 employee of the State who died on or after April first nineteen hundred 15 seventy-nine who elects to continue dependent coverage, or such unremar- 16 ried spouse who elects individual coverage, and upon such election shall 17 pay at intervals determined by the president one-quarter of the full 18 cost of dependent coverage and, provided further with respect to 19 enrolled employees of a political subdivision or public authority in a 20 negotiating unit recognized or certified pursuant to article fourteen of 21 this chapter, where an agreement negotiated pursuant to said article so 22 provides, and with respect to enrolled employees of a political subdivi- 23 sion or public authority not included within a negotiating unit so 24 recognized or certified, at the discretion of the appropriate political 25 subdivision or public authority, the unremarried spouse of an active 26 employee of the political subdivision or of the public authority who 27 died on or after April first nineteen hundred seventy-five, may elect to 28 continue dependent coverage or such unremarried spouse may elect indi- 29 vidual coverage and upon such election shall pay at intervals determined 30 by the president one-quarter of the full cost of dependent coverage. 31 § 2. This act shall take effect immediately.