S T A T E   O F   N E W   Y O R K
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                                   582

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. PHEFFER
  -- read once and referred to the Committee on Governmental Employees

AN ACT to amend the civil service law, in relation to authorizing cover-
  age under the New York state health insurance program for after-adopt-
  ed children of unremarried spouses of deceased employees of the  state
  or a participating employer

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 165 of the civil service  law,  as
amended  by  chapter  608  of  the  laws  of 1977, is amended to read as
follows:
  2. In the event of death of an employee having coverage at the time of
death for himself OR HERSELF and his OR HER dependents,  and  where  the
circumstances of death are such that beneficiaries or dependents of such
deceased employee are entitled to an accidental death benefit payable by
a retirement system or pension plan administered by the state or a civil
division  thereof  on  account  of  death  resulting  from  an  accident
sustained in the performance of his OR HER duties or to  death  benefits
provided  for under the [workmen's] WORKERS' compensation law, the unre-
married spouse of such employee covered at the time of his OR HER  death
and  his  OR HER covered dependents, for so long as they would otherwise
qualify as dependents eligible for coverage under the regulations of the
president, shall be eligible to continue full coverage under the  health
insurance  plan upon payment at intervals determined by the president of
the full cost of such coverage; provided, however, that the state  shall
pay  and  any  participating  employer may elect to pay the full cost of
such coverage, except that in the case of those enrolled in an  optional
benefit  plan,  the  employer  shall  contribute  not more than the same
dollar amount which would be paid if such unremarried spouse and  depen-
dents  were  enrolled  in the basic statewide health insurance plan. The

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00595-01-9

A. 582                              2

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,
including  reasonable time limits therefor, and provisions for continued
coverage of spouse and dependents pending determination of  an  applica-
tion  for  accidental death benefits from a retirement system or pension
plan administered by the state or a civil division  thereof  or  pending
determination  of a claim for death benefits under the [workmen's] WORK-
ERS' compensation law.  FOR THE PURPOSES OF THIS SUBDIVISION,  THE  TERM
"DEPENDENT"  SHALL  BE DEEMED TO INCLUDE A CHILD ADOPTED BY THE UNREMAR-
RIED SPOUSE OF THE DECEASED EMPLOYEE AFTER  SUCH  EMPLOYEE'S  DEATH,  IF
SUCH CHILD WOULD BE ELIGIBLE FOR SUCH STATUS HAD SUCH CHILD BEEN ADOPTED
BY THE EMPLOYEE PRIOR TO HIS OR HER DEATH.
  S  2. The opening paragraph of section 165-a of the civil service law,
as amended by chapter 467 of the laws of 1991, 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] DIED  on  or  after  August  second,
nineteen  hundred  ninety while in the Persian Gulf combat zone or while
performing such military duties, who had been a participant  in  any  of
the  state  health insurance 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 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 employ-
ees  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 insurance plans for the survivors of such employees of the State,
the president shall adopt regulations providing for the continuation  of
such health insurance 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  THAT,  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

A. 582                              3

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.  FOR THE PURPOSES OF THIS SUBDIVISION,  THE  TERM  "DEPENDENT"
SHALL  BE DEEMED TO INCLUDE A CHILD ADOPTED BY THE UNREMARRIED SPOUSE OF
THE DECEASED EMPLOYEE AFTER SUCH EMPLOYEE'S DEATH, IF SUCH  CHILD  WOULD
BE  ELIGIBLE FOR SUCH STATUS HAD SUCH CHILD BEEN ADOPTED BY THE EMPLOYEE
PRIOR TO HIS OR HER DEATH.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.